Decree 58/2023/ND-CP amend Decree 37/2019/ND-CP detailing a number of articles of the Planning Law

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019, on detailing a number of articles of the Planning Law

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

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law Amending and Supplementing a Number of Articles of Eleven Laws Relating to the Planning Law dated June 15, 2018;

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

Pursuant to the Resolution No. 61/2022/QH15 dated June 16, 2022 of the XV^th National Assembly on continuing to increase the effectiveness and efficiency of the implementation of policies and laws on planning and a number of solutions to remove difficulties, speeding up the planning formulation and improving the quality of planning for the 2021 - 2030 period;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019, on detailing a number of articles of the Planning Law.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019, on detailing a number of articles of the Planning Law

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Decree details some provisions of Articles 10, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 30, 37, 40, 41, 45 and 49 of the Planning Law.”.

2. To add Article 3a after Article 3 as follows:

“Article 3a. Resources to support planning activities

1. Resources to support planning activities by domestic and foreign organizations and individuals include funding, research results of agencies, organizations, experts (including voluntary experts), sponsoring of awards given organizations, individuals with planning ideas that are selected on the basis of the results of competitions for planning ideas organized by planning agencies (if any); inputs for organization of conferences, seminars, skill training, research, survey, training and shall be received, managed and used as follows:

a) Resources to support planning activities by foreign agencies, organizations and individuals shall be received, managed and used in accordance with law on the management and use of official development assistance (ODA), concessional loans and non-refundable aid not belonging to official development assistance provided by foreign agencies, organizations and individuals for Vietnam.

b) Resources to support planning activities using funds of domestic agencies, organizations and individuals shall be received, managed and used in accordance with law on the state budget.

c) Resources to support planning activities being research results of agencies, organizations, experts; sponsoring of awards given organizations, individuals with planning ideas that are selected on the basis of the results of competitions for planning ideas organized by planning agencies (if any); inputs for organization of conferences, seminars, skill training, research, survey, training shall be received, managed and used in accordance with planning law and other relevant laws.

2. Principles for support and use of resources to support planning activities by domestic and foreign organizations and individuals

a) To ensure objective, publicity and transparency; proper targets and purposes; use in an economical and effective manner;

b) To perform voluntarily; for the common interests of the community and society, not for profits;

c) Not to receive resource support by domestic and foreign organizations and individuals for preparation and appraisal of master plan formulation tasks.

3. Ministries, ministerial-level agencies, People’s Committees of provinces and centrally-run cities and relevant agencies shall decide or submit to the competent agencies for decision on receipt of resources to support planning activities given by domestic and foreign organizations and individuals in accordance with law.

4. Agencies receiving, managing and using resources to support planning activities by domestic and foreign organizations and individuals shall take responsibility for management and use of the resource support in accordance with planning law and other relevant laws.

5. In case of use of resources to support planning activities by domestic and foreign organizations and individuals, contents of master plans and the formulation, appraisal, decision on or approval, publicization, assessment and adjustment of master plans must be consistent with the master plan formulation tasks approved by competent state agencies and comply with planning law.

6. Resources to support urban area and rural area planning activities provided by domestic and foreign organizations and individuals shall be received, managed and used in accordance with the laws on urban planning and construction.”.

3. To add Article 7a, Article 7b and Article 7c after Article 7 as follows:

“Article 7a. Process for formulating a national sectoral master plan

1. The process for formulating a national sectoral master plan shall comply with Clause 2 Article 16 of the Planning Law.

2. The strategic environmental assessment for the national sectoral master plan shall comply with Clauses 1, 3, 4, 5 and 6 Article 26 of the Law on Environmental Protection. Planning agencies shall collect in writing comments of the Ministry of Natural Resources and Environment on such matter and on master plan at the same time. The Ministry of Natural Resources and Environment shall reply in writing on the master plan’s contents relating to planning and strategic environmental assessment reports.

3. The agency formulating the national sectoral master plan shall select a strategic environmental assessment consulting organization in case the master plan is subject to performance of strategic environmental assessment.

Article 7b. Process for formulating a regional master plan

1. The process for formulating a regional master plan shall comply with Clause 3 Article 16 of the Planning Law.

2. Appraisal of regional master plan components:

a) The agency organizing the formulation of master plan components shall establish an appraisal council to appraise the master plan components.  The appraisal council shall work according to collective regime, discuss publicly and apply majority vote to approve the master plan components. The appraisal council’s composition and operation regulations shall be decide by the agency organizing the formulation of master plan components;

b) Contents of appraisal of master plan components include the suitability for master plan formulation tasks, observance of the planning law and other relevant laws;

c) Report on appraisal of master plan components must clearly state opinions of master plan component appraisal council about the appraisal contents specified at Point b of this Clause and conclusion on master plan components’ eligibility or ineligibility to be sent to the agency formulating the regional master plan and shall be sent to the agency formulating master plan components for assimilation, explanation and finalization of master plan components;

d) The agency organizing the formulation of master plan components shall send the agency formulating the regional master plan the appraisal report and report on master plan components that have been assimilated and finalized under comments of the master plan component appraisal council.

3. The strategic environmental assessment for the regional master plan shall comply with Clauses 1, 3, 4, 5 and 6 Article 26 of the Law on Environmental Protection. Planning agencies shall collect in writing comments of the Ministry of Natural Resources and Environment on such matter and on master plan at the same time. The Ministry of Natural Resources and Environment shall reply in writing on the master plan’s contents relating to planning and strategic environmental assessment reports.

4. The agency formulating the regional master plan shall select a strategic environmental assessment consulting organization.

Article 7c. Process for formulating a provincial master plan

1. The process for formulating a provincial master plan shall comply with Clause 4 Article 16 of the Planning Law.

2. The strategic environmental assessment for the provincial master plan shall comply with Clauses 1, 3, 4, 5 and 6 Article 26 of the Law on Environmental Protection. Planning agencies shall collect in writing comments of the Ministry of Natural Resources and Environment on such matter and on master plan at the same time. The Ministry of Natural Resources and Environment shall reply in writing on the master plan’s contents relating to planning and strategic environmental assessment report.

3. The agency formulating the provincial master plan shall select a strategic environmental assessment consulting organization.”.

4. To amend and supplement a number of clauses of Article 8 as follows:

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

“c) Submit the national overall master plan, national marine space master plan and national land use master plan to the National Assembly for decision; take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan dossiers, ensuring compliance with law on state secrets and other relevant laws;”;

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

“h) Submit national sectoral master plans to the Prime Minister for approval; take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan dossiers, ensuring compliance with law on state secrets and other relevant laws;”;

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

“dd) Submit dossiers submitted for master plan approval to provincial-level People’s Councils for consideration and adoption; submit master plans to the Prime Minister for approval in accordance with Article 35 of Planning Law;
take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan dossiers, ensuring compliance with law on state secrets and other relevant laws;”.

5. To add Clause 9 to Article 9 as follows:

“9. Take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan dossiers, ensuring compliance with law on state secrets and other relevant laws.”.

6. To add Clause 8 to Article 10 as follows:

“8. Take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan dossiers, ensuring compliance with law on state secrets and other relevant laws.”.

7. To add Clause 9 to Article 11 as follows:

“9. Take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan dossiers, ensuring compliance with law on state secrets and other relevant laws.”.

8. To amend and supplement a number of clauses of Article 12 as follows:

a) To add Point d to Clause 1 as follows:

“d) Take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan components, ensuring compliance with law on state secrets and other relevant laws.”.

b) To add Point c to Clause 2 as follows:

“c) Take responsibility for the accuracy of data, documents, systems of diagrams, maps and databases in master plan components, ensuring compliance with law on state secrets and other relevant laws.”.

9. To amend and supplement Article 17 as follows:

“Article 17. Time limit for formulation of master plans

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, with the time limit for formulation of master plan components not exceeding 20 months for the national overall master plan, national marine space master plan and regional master plans.

2. The time limit for formulation of national sectoral master plans and provincial master plans is 30 months after the master plan formulation task is approved.

3. The extension of such time limit, when necessary, shall be decided by the agency competent to approve the master plan formulation task but must not exceed 12 months, on the basis of reports by ministries, ministerial-level agencies, and provincial-level People's Committees.”.

10. To amend and supplement a number of clauses of Article 28 as follows:

a) To amend and supplement Point d Clause 7 as follows:

“d) To sum up and balance land use needs, determine the land use norms prescribed at Point b of this Clause to each district-level administrative unit;”;

b) To amend and supplement Point h Clause 7 as follows:

“h) Formulate diagram and map on plan for distribution and zoning of land use norms.”;

c) To amend and supplement Clause 8 as follows:

“8. Inter-district and district-level construction planning schemes include the identification of the scope, nature and major development directions of each inter-district or district region.”;

d) To amend and supplement Point b Clause 10 as follows:

“b) To demarcate mining areas and determine types of minerals of which the exploration and exploitation is needed.”;

dd) To amend and supplement Clause 13 as follows:

“13. List and priority order for implementation of the province’s projects:

a) To set criteria for determination of projects expected to be prioritized for implementation in the province during the planning period;

b) To make a list of the province’s projects expected to be prioritized for implementation.”.

11. To add Article 28a after Article 28 as follows:

“Article 28a. Contents and technique for illustration of diagrams and maps of master plans

1. Diagrams and maps of national-level, regional and provincial master plans illustrate contents of such master plans and are formulated on national topographic maps at the scales corresponding to the scales of the diagrams and maps of master plans.

2. The Minister of Planning and Investment shall guide the requirements for contents and technique for illustration of diagrams and maps of the national overall master plan, regional and provincial master plans; guide the general technical requirements for diagrams and maps of national marine space master plan, national land use master plan, national sectoral master plans.

3. The Minister of Natural Resources and Environment shall guide the requirements for contents and technique for illustration of diagrams and maps of national marine space master plan, national land use master plan.

4. Ministers shall guide the requirements for contents and technique for illustration and quality criteria of diagrams and maps of national sectoral master plans under their management, if necessary.”.

12. To amend and supplement Clause 1 Article 30 as follows:

“1. Comments on national sectoral master plans shall be collected from the Central Committee of the Vietnam Fatherland Front, ministries, ministerial-level agencies, provincial-level People’s Committees and residential communities, agencies, organizations and individuals related to national sectoral master plans.

When necessary, agencies organizing the formulation of national sectoral master plans specified in Sections 24, 27, 36 and 37 Appendix 1 of the Planning Law shall decide to collect comments of residential communities.”.

13. To amend and supplement the title of Chapter IV as follows:

“Chapter IV

APPRAISAL, APPROVAL AND IMPLEMENTATION OF MASTER PLANS”.

14. To amend and supplement a number of clauses of Article 33 as follows:

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

“c) To promulgate master plan appraisal reports;”;

b) To add Point d to Clause 1 as follows:

“d) To consider and decide the promulgation of regulation on operation of master plan appraisal council and authorize the deputy chairperson of the master plan appraisal council to carry out the works within the powers and responsibility of chairperson of the master plan appraisal council if necessary.”;

c) To add Clause 1a after Clause 1 as follows:

“1a. Responsibilities and powers of the deputy chairperson of the master plan appraisal council shall be as follows:

a) To assist the chairperson of the master plan appraisal council to perform the tasks under the chairperson’s authorization and take responsibility before the chairperson on authorized tasks;

b) To organize and administer the activities of the master plan appraisal council on behalf of its chairperson when being authorized by the chairperson.”.

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

“b) To study and report on the dossier submitted for master plan appraisal to heads of the agencies where they work in accordance with Article 32 of the Planning Law and contents specified in Clause 2 Article 27 of the Environmental Protection for issuance of written appraisal comments; give comments in meetings of the master plan appraisal council on contents within the management of their ministries, ministerial-level agencies and other matters relating to the dossier submitted for master plan appraisal; vote by written evaluations at the council’s meetings for the dossier submitted for master plan appraisal and the draft report on master plan appraisal; review the contents with the assimilation and explanations of appraisal comments in the master plan dossier under the master plan appraisal report; take responsibility before the council’s chairperson, heads of the agencies where they work and before the law for the appraisal comments on the dossier submitted for master plan appraisal;”.

15. To add Article 33a after Article 33 as follows:

“Article 33a. Responsibilities of ministries and ministerial-level agencies having representatives being members of a master plan appraisal council

1. Ministries and ministerial-level agencies having representatives being members of a master plan appraisal council have the following responsibilities:

a) To give written appraisal comments on contents within the management of their ministries, ministerial-level agencies in the dossier submitted for master plan appraisal; give written reviewing comments on the contents of assimilation and explanations of appraisal comments in the master plan dossier according to the master plan appraisal report;

b) To appoint their representatives to attend the meetings of the master plan appraisal council as the council’s members.

2. The Ministry of Natural Resources and Environment has the following responsibilities:

a) To perform the responsibilities specified in Clause 1 of this Article;

b) To give written appraisal comments and take responsibility for its appraisal comments on strategic environmental assessment report on the master plan;

c) To give written reviewing comments and take responsibility for its reviewing results of contents of strategic environmental assessment report for the master plan with the assimilation and explanations of appraisal comments under master plan appraisal report.”.

16. To amend and supplement Article 34 as follows:

“Article 34. Responsibilities and powers of the standing body of a master plan appraisal council

1. To receive, study and process dossiers and documents submitted for appraisal, which are sent by a planning agency.

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

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

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

5. To summarize comments and assessments of members of the master plan appraisal council, comments of independent consultants and other comments (if any), report them to the council.

6. To prepare necessary conditions for the master plan appraisal council to conduct master plan appraisal meetings.

7. To draft a master plan appraisal report, send it to council members for collection of comments before organization of master plan appraisal meetings; collect council members’ comments on approval of the draft report on master plan appraisal by written evaluations at master plan appraisal meetings; prepare records of master plan appraisal meetings; complete and submit the master plan appraisal report to the council’s chairperson for consideration and promulgation.

8. To request the planning agency to assimilate and give explanations on and finalize the dossier on master plan under the master plan appraisal report.

9. To review the master plan dossier assimilated and explained under the master plan appraisal report as follows:

a) To send written request for comments and summarize council members’ written reviewing comments on national-level and regional master plan dossiers that have been assimilated and explained by the planning agencies under the master plan appraisal reports; affix seals and give certification in the master plan dossiers and documents;

b) To send written requests for council members’ written reviewing comments on provincial master plan dossiers that have been assimilated and explained under master plan appraisal reports by planning agencies; summarize reviewing comments and submit the Minister of Planning and Investment for consideration and promulgation of written summary of review comments.

10. To use its unit’s funds, apparatus, means and seals to perform assigned tasks.”.

17. To amend and supplement Article 35 as follows:

“Article 35. Criticism members of master plan appraisal councils

1. A master plan appraisal council must have at least 3 master plan criticism members and 01 strategic environmental assessment result criticism member, for master plans subject to formulation of strategic environmental assessment report under the law on environmental protection; and must have criticism member of diagram and maps of master plan if necessary.

2. A master plan criticism member must satisfy one of the following conditions:

a) Have at least 15 years’ experience in activities relating one of the master plan contents or in planning state management, for those possessing university degree in a planning-related specialty;

b) Have or at least 8 years’ experience in activities relating one of the master plan contents or in planning state management, for those possessing master degree in a planning-related specialty;

c) Have at least 5 years’ experience in activities relating one of the master plan contents or in planning state management, for those possessing doctorate degree in a planning-related specialty.

3. A criticism member of strategic environmental assessment results of the master plan must satisfy one of the following conditions:

a) Have at least 15 years’ experience in environmental protection activities or in state management of resources and environment, for those possessing university degree in a resource and environment-related specialty;

b) Have at least 8 years’ experience in environmental protection activities or in state management of resources and environment, for those possessing master degree in a resource and environment-related specialty;

c) Have at least 5 years’ experience in environmental protection activities or in state management of resources and environment, for those possessing doctorate degree in a resources and environment-related specialty.

4. A criticism member of diagram and maps of master plan must meet conditions on capacity in accordance with law on survey and mapping and other relevant laws.

5. Responsibilities and powers of a criticism member:

a) To give written appraisal comments on the dossier submitted for master plan appraisal in accordance with Article 32 of the Planning Law and contents specified in Clause 2 Article 27 of the Law on Environmental Protection; give comments on issues falling within the specialized domains and general issues at meetings of the master plan appraisal council; vote by written evaluations at the council’s meetings for the dossier submitted for master plan appraisal and the draft report on master plan appraisal; review the contents that have been assimilated and explained in the master plan dossier under the master plan appraisal report; take responsibility before the council’s chairperson and before the law for the appraisal comments on the dossier submitted for master plan appraisal;

b) To exercise the responsibilities and powers of members of the council specified at Points a, c and d Clause 2 Article 33 of this Decree;

c) To receive remuneration as prescribed by regulations;

d) To refrain from contacting organizations and individuals providing planning consultancy until the criticism work is completed.”.

18. To amend and supplement Clauses 2, 3 and 4 Article 37 as follows:

“2. Within 30 days after receiving the dossier submitted for master plan appraisal, members of the master plan appraisal council shall send their written appraisal comments to the standing body of the council for summarization.

3. The standing body of the master plan appraisal council shall consult experts, socio-professional organizations and other related organizations about the contents of the master plan and strategic environmental assessment results of the master plan in writing or by holding conferences, workshops or symposia.

4. In case of necessity, the master plan appraisal council may select independent consultants to make counter-arguments on one or some contents of the master plan, make counter-arguments strategic environmental assessment results of the master plan. Within 30 days after receiving the dossier of request for making counter-arguments on the master plan, strategic environmental assessment results of the master plan, the independent consultants shall send their written opinions to the standing body of the council for the standing body to summarize and report to the master plan appraisal council.”.

19. To amend and supplement Article 38 as follows:

“Article 38. Holding meetings of the master plan appraisal council

1. Within 10 days after receiving written appraisal comments of at least three-quarters (3/4) of council members, the standing body of the master plan appraisal council shall summarize these opinions, send them to council members and  independent consultants (if any) and propose the chairperson of the master plan appraisal council to hold a meeting of the council.

2. A meeting of appraisal of dossier submitted for master plan appraisal shall be held with the attendance of at least three-quarters (3/4) of council members, including the council’s chairperson or deputy chairperson upon authorization, two-thirds (2/3) of criticism members and representative of the standing body of the master plan appraisal council, the planning agency and the planning consultancy organization.

3. Decision-making mechanism of the master plan appraisal council

a) The master plan appraisal council shall work according to collective regime, discuss publicly and apply majority vote to approve the dossier submitted for master plan appraisal;

b) The dossier submitted for master plan appraisal shall be approved and eligible to be submitted for decision or approval in case at least three-quarters (3/4) of council members attending meetings votes for the approval with or without adjustment or supplementation. The dossier submitted for master plan appraisal shall be approved without adjustment or supplementation if all council members attending the meeting vote for the approval without adjustment or supplementation.”.

20. To add Articles 38a, 38b and 38c after Article 38 as follows:

“Article 38a. Lists of diagrams or maps of master plans together with decisions on or written approvals of master plans

1. Lists of diagrams or maps of master plans together with decisions on or written approvals of the national overall master plan, national marine space master plan, national land use master plan shall comply with decisions on master plans.

2. Lists of diagrams or maps of master plans issued together with Decisions on approval of national sectoral master plans, regional master plans, provincial master plans are defined as follows:

a) List of diagram of master plan issued together with Decision on approval of the national infrastructure sector master plan is specified in Section IV.B.2 of Appendix I to this Decree;

b) List of diagrams or maps of master plans issued together with Decisions on approval of master plan on use of national resources, master plans on land use for national defense and security purposes is specified in Sections V.A.a.5; V.B.1, V.C.1, V.C.2, V.C.3, V.D.2; V.DD.a.4, V.DD.a.5, V.DD.a.6, V.E.a.2, V.G.a.2 and V.G.a.3 of Appendix I to this Decree;

c) List of diagrams of master plan issued together with Decision on approval of the national environmental protection master plan is specified in Sections VI.2, VI.3, VI.4 and VI.5 of Appendix I to this Decree;

d) List of diagrams of master plan issued together with Decision on approval of national biodiversity conservation master plan is specified in Sections VII.2, VII.3, VII.4, VII.5, VII.6 and VII.7 of Appendix I to this Decree;

dd) List of diagrams of master plan issued together with Decision on approval of regional master plans is specified in Sections VIII.B.2, VIII.B.3, VIII.B.4, VIII.B.5, VIII.B.6, VIII.B.7 and VIII.B.8 of Appendix I attached this Decree;

e) List of diagrams or maps of master plans issued together with Decision on approval of provincial master plans is specified in Sections IX.B.3, IX.B.4, IX.B.5, IX.B.6, IX.B.7, IX.B.8, IX.B.9 and IX.B.10 of Appendix I to this Decree.

Article 38b. Completion of dossiers on master plans under decisions on or written approvals of master plans

1. Within 45 days from the date master plans are decided or approved by competent authorities, ministries, ministerial-level agencies, provincial-level People's Committees shall, within their assigned powers and responsibilities, reviewed and completed dossiers on master plans for ensuring that they are consistent with the decisions on or written approvals of master plans, affix a stamp on the summary report on master plans and diagrams or maps of master plans, made using the form specified in Appendix IV of this Decree and take responsibility for the dossiers on master plans after reviewing and completion.

2. Ministries, ministerial-level agencies, provincial-level People's Committees shall send dossiers on master plans that are reviewed and completed under Clause 1 of this Article to the Ministry of Planning and Investment; update database on master plan dossiers in the national system of information and database on master plans specified in Article 41 of this Decree.

Article 38c. Order and procedures for formulating plans on implementation of master plans

1. Order and procedures for formulating plans on implementation of the national overall master plan and regional master plans

a) The Ministry of Planning and Investment formulates draft plans on implementation of the master plans; and sends them to relevant ministries, ministerial-level agencies and localities for collection of comments;

b) Relevant ministries, ministerial-level agencies and localities shall reply in writing within 15 days from the date of receiving the written request for comments on draft plans on implementation of master plans;

c) The Ministry of Planning and Investment assimilates and gives explanations of comments, finalizes and submits the draft plan on implementation of the national overall master plan to the Government or the draft plans on implementation of regional master plans to the Prime Minister for promulgation.

2. Order and procedures for formulating plans on implementation of the national marine space master plan, national land use master plan

a) The Ministry of Natural Resources and Environment formulates draft plans on implementation of the master plans; and sends them to relevant ministries, ministerial-level agencies and localities for collection of comments;

b) Relevant ministries, ministerial-level agencies and localities shall reply in writing within 15 days from the date of receiving the written request for comments on draft plans on implementation of master plans;

c) The Ministry of Natural Resources and Environment assimilates and gives explanations of comments, finalizes the draft plans on implementation of the master plans and submits them to the Government for promulgation.

3. Order and procedures for formulating plans on implementation of national sectoral master plans

a) Ministries, ministerial-level agencies assigned to formulate national sectoral master plans formulate draft plans on implementation of the master plans; and sends them to relevant ministries, ministerial-level agencies and localities for collection of comments;

b) Relevant ministries, ministerial-level agencies and localities shall reply in writing within 15 days from the date of receiving the written request for comments on draft plans on implementation of master plans;

c) Ministries, ministerial-level agencies assigned to formulate national sectoral master plans assimilate and give explanations of comments, finalize the draft plans on implementation of the master plans and submit them to the Prime Minister for promulgation.

4. Order and procedures for formulating plans on implementation of provincial master plans

a) Planning agencies shall prepare and send draft plans on implementation of the master plans to departments, branches, district-level People's Committees, relevant agencies and organizations (if any) in the localities for collection of comments within 15 days;

b) Planning agencies shall assimilate and give explanations of comments of departments, branches, district-level People's Committees, relevant agencies and organizations, finalize and report on the draft plans on implementation of the master plans to the agencies organizing the formulation of master plans for sending ministries and ministerial-level agencies for collection of comments.

c) Ministries, ministerial-level agencies shall reply in writing within 15 days from the date of receiving the written request for comments on draft plans on implementation of master plans;

d) Agencies organizing the formulation of master plans directs the assimilation and explanation of comments, finalization of the draft plans on implementation of the master plans and submit them to the Prime Minister for consideration and promulgation.

5. The orientation of investment phases for implementation of projects in the master plans shall be on the basis of 5-year periods and according to the form specified in Appendix V issued with this Decree.”.

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

“2. Information and data on master plan dossiers, data on natural and socio-economic conditions, the environment, national defense and security that are digitalized, linked and integrated with one another, attached to the standardized and regularly updated national system of the geographical database constitute the national database on master plans.”.

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

“1. Ministries, ministerial-level agencies, provincial-level People's Committees shall update the information and database on master plan dossiers within their management in the national system of information and database on master plans on the cyber environment within 10 days after the master plan dossiers are completed under a decision on or written approval of the master plans.”.

23. To amend and supplement Article 42 as follows:

“Article 42. Funds for development, synchronization, management, operation, exploitation and upgrading of the national system of information and database on master plans

1. The State shall allocate the funds for development, synchronization, management, operation, exploitation and upgrading of the national system of information and database on master plans in accordance with the law on the state budget and other relevant laws.

2. Funds for development, synchronization, management, operation, exploitation and upgrading of the national system of information and database on master plans shall come from the state budget and other lawful sources.”.

24. To amend and supplement Clause 2 Article 44 as follows:

“2. The Ministry of Natural Resources and Environment shall sufficiently provide the national geographical database and national topographic maps that have been standardized and regularly updated in order to create framework data for the national system of information and database on master plans, ensuring the compliance with the law on state secrets.”.

25. To amend and supplement Appendix I as follows:

“Appendix I

LIST AND SCALES OF DIAGRAMS AND MAPS OF MASTER PLANS

______________

I. NATIONAL OVERALL MASTER PLAN

A. Paper diagram at 1:4,000,000

Diagram on geographic location and relationship between Vietnam and the region and the world.

B. Digital diagrams and maps, paper diagrams and maps at the scales of 1:100,000 - 1:1,000,000

1. Maps on the current status of natural, socio-economic conditions, population, national and inter-regional important infrastructure systems.

2. Diagram on general land assessment by land use purposes.

3. Diagram on orientations for zoning and connectivity of regions.

4. Diagram on orientations for development of the national-level technical infrastructure sector.

5. Diagram on orientations for development of the national-level social infrastructure sector.

6. Diagram on orientations for development of the national system of urban and rural areas.

7. Diagram on orientations for national resources use.

8. Diagram on orientations for national environmental protection.

9. Diagram on orientations for natural disaster prevention and mitigation and response to climate change.

10. Diagram on orientations for national space development.

11. Diagram on orientations for national land use.

12. Diagram on arrangement of air space for projects prioritized for investment during the planning period.

II. NATIONAL MARINE SPACE MASTER PLAN

A. Paper diagram at 1:4,000,000

Diagram on geographic location and relationship between Vietnam and the region and the world.

B. Digital diagrams and maps, paper diagrams and maps at the scales of 1:100,000 - 1:1,000,000

1. Maps on the current status of natural, socio-economic conditions, population, important infrastructure systems within the marine space.

2. Diagram on orientations for exploitation and use of resources within the marine space.

3. Diagram on orientations for development of technical infrastructure within the marine space.

4. Diagram on orientations for development of social infrastructure within the marine space.

5. Diagram on orientations for development of the system of urban and rural areas in coastal areas and on islands.

6. Diagram on orientations for zoning of areas for national marine space use.

7. Diagram on orientations for environmental protection of the national marine space.

8. Diagram on orientations for natural disaster prevention and mitigation and response to climate change within the national marine space.

9. Diagram on orientations for organization of the national marine space.

III. NATIONAL LAND USE MASTER PLAN

A. Digital diagrams and maps, paper diagrams and maps at the scales of 1:100,000 - 1:1,000,000

1. Map on the current situation of land use in the country.

2. Diagram on orientations for national land use.

3. Map on national land use master plan.

B. Digital maps and paper maps at the scales of 1:50,000 - 1:250,000

Map on master plan of national land use by region.

IV. NATIONAL INFRASTRUCTURE SECTOR MASTER PLAN

A. Paper diagram at 1:4,000,000

Diagram on geographic location and relationship of the national infrastructure between Vietnam and the region and the world.

B. Digital diagrams and maps, paper diagrams and maps at the scales of 1:25,000 - 1:250,000

1. Map on the current situation of the national infrastructure sector.

2. Diagram on orientations for development of the national infrastructure sector.

3. Diagram on arrangement of air space for the sector’s projects prioritized for investment.

C. Digital diagrams and maps, paper diagrams and maps at the scales of 1:5,000 - 1:100,000

1. Map on the current use of land in key areas of the national infrastructure sector.

2. Diagram on orientations for use of land in key areas of the national infrastructure sector.

V. MASTER PLAN ON USE OF NATIONAL RESOURCES

A. Overall master plan on the exploitation and sustainable use of coastal resources:

a) Digital diagrams and maps, paper diagrams and maps at the scales of 1:50,000 - 1:250,000

1. Map on synthesis of natural conditions, current socio-economic status, current coastal resource and environment status.

2. Map of the current situation and demand of exploitation and use of coastal resources.

3. Diagram on functional zoning of coastal areas.

4. Map on areas with overlap or contradiction related to exploitation and use of coastal resources.

5. Map on overall master plan on the exploitation and sustainable use of coastal resources.

b) Digital maps and paper maps on key areas (if any). At the scales of 1:25,000 in minimum.

B. Master plan on geological basic survey of minerals:

Digital maps and paper maps at 1:50,000

Map on geology and survey of minerals.

C. Master plan on the exploration, extraction, processing and use of minerals:

Digital maps and paper maps at the scales of 1:50,000 - 1:500,000

1. Map on demarcation of mineral activity areas, areas banned from mineral activities, areas temporarily banned from mineral activities, areas of restricted mineral resource activities, national mineral resource reserves areas.

2. Map on detailed demarcation of mining areas and types of minerals used for building materials to be explored and exploited*.

3. Map on key areas of exploration, extraction, processing and use of minerals*.

(*) Note:

- The detailed demarcation of mining areas only applies to master plans on the exploration, extraction, processing and use of types of minerals used for building materials.

- Areas of exploration, extraction of minerals under planning are delimited by line segments connecting corner points drawn on a topographic map using the national coordinate system.

D. National water resource master plan:

Digital diagrams and maps, paper diagrams and maps at the scales of 1:100,000 - 1:1,000,000

1. Map on the current situation of national water resources.

2. Diagram on orientations for distribution and protection of water resources.

DD. Forestry master plan:

a) Digital diagrams and maps, paper diagrams and maps at the scales of 1:100,000 - 1:1,000,000

1. Map on the current forest situation.

2. Map on the current situation of forestry infrastructure.

3. Map on the current situation of land use for forestry development.

4. Map of master plan on systems of special-use forests, protection forests, and production forests.

5. Diagram on orientations for forestry infrastructure development.

6. Diagram on orientations for land use for forestry development.

b) Digital maps and paper maps at 1:50,000

Map of master plan on special-use forests.

E. Master plan on the protection and exploitation of fisheries resources:

a) Digital diagrams and maps, paper diagrams and maps at the scales of 1:100,000 - 1:1,000,000

1. Map on the current situation of management, exploitation,

protection and development of fisheries resources.

2. Diagram on zoning of exploitation, protection and development of fisheries resources.

b) Digital maps and paper maps at 1:50,000

Map on demarcation of places where marine protection areas; fisheries resources protection areas; areas where fishing is prohibited for a definite period; artificial habitats for endangered, rare and precious aquatic species, aquatic species having economic and scientific value, indigenous aquatic species, and endemic aquatic species are expected to be established.

G. Master plan on land use for national defense purpose, master plan on land use for security purpose:

a) Digital maps and paper maps at 1:100,000

1. Map on the current situation of land use for national defense or security purpose.

2. Map of master plan on land use for national defense or security purpose.

3. Map on areas of land for national defense or security purpose which may be re-allocated to localities for management and use for socio-economic development.

b) Digital diagrams and maps, paper diagrams and maps at the scales of 1:50,000

1. Map on the current situation of land use for national defense or security purpose of key areas.

2. Diagram on orientations for land use for national defense or security purpose of key areas.

VI. NATIONAL ENVIRONMENTAL PROTECTION MASTER PLAN

Digital diagrams and maps, paper diagrams and maps at the scales of 1:50,000 - 1:1,000,000

1. Maps on the current situation of environmental zoning; current situation of natural and biodiversity conservation; current situation of central, regional and provincial centralized waste treatment zones; current situation of national, regional and provincial networks of environmental monitoring and warning.

2. Diagram on orientations for environmental zoning.

3. Diagram on orientations for biodiversity and nature reserves.

4. Diagram on orientations for central, regional and provincial centralized waste treatment zones.

5. Diagram on orientations for national, regional and provincial networks of environmental monitoring and warning.

VII. NATIONAL BIODIVERSITY CONSERVATION MASTER PLAN

Digital diagrams and maps, paper diagrams and maps at the scales of 1:50,000 - 1:1,000,000

1. Maps on the current situation of important ecological landscapes; current situation of high biodiversity areas; current situation of biodiversity corridors; current situation of nature reserves; current situation of biodiversity conservation facilities; current situation of important wetlands.

2. Diagram on orientations for conservation of important ecological landscapes.

3. Diagram on orientations for conservation of high biodiversity areas.

4. Diagram on orientations for biodiversity corridor conservation.

5. Diagram on orientations for nature reserves.

6. Diagram on orientations for development of biodiversity conservation facilities.

7. Diagram on orientations for conservation of important wetlands.

VIII. REGIONAL MASTER PLANS

A. Paper diagram at 1:1,000,000

Diagram on the location and relationships of the region.

B. Digital diagrams and maps, paper diagrams and maps at the scales of 1:250,000 - 1:500,000 (depending on shape and area of region)

1. Maps on the current situation of regional development.

2. Diagram on direction for the system of urban and rural areas.

3. Diagram on direction for space organization and functional zoning.

4. Diagram on direction for development of the social infrastructure*.

5. Diagram on direction for development of the technical infrastructure *.

6. Diagram on direction for resources use*.

7. Diagram on direction for environmental protection*.

8. Diagram on direction natural disaster prevention and mitigation and response to climate change*.

9. Diagram on locations of projects prioritized for investment during the planning period.

10. Thematic map (if any).

(*) Note: Depending on each region’s different conditions, separate diagrams can be made for the sector’s subjects or type of resources to ensure that the master plan contents are shown on the diagrams.

IX. PROVINCIAL MASTER PLANS

A. Paper diagrams at the scales of 1:250,000 - 1:1,000,000 (depending on shape and area of province)

Diagram on the location and relationships of the province.

B. Digital diagrams and maps, paper diagrams and maps at the scales of 1:25,000 - 1:100,000 (depending on shape and area of province)

1. Maps on the current situation of development.

2. Diagram on general land assessment by land use purposes.

3. Diagram on planning scheme for the system of urban and rural areas.

4. Diagram on plan for space organization and functional zoning.

5. Diagram on plan for development of the social infrastructure.

6. Diagram on plan for development of the technical infrastructure.

7. Diagram and map on plan for distribution and zoning of land use norms*.

8. Diagram and map on plan for exploration, exploitation, use and protection of resources*.

9. Diagram on plan for environmental protection, biodiversity conservation, natural disaster prevention and mitigation and response to climate change.

10. Diagram on construction planning scheme for the concerned inter-district or district area.

11. Diagram on locations of projects prioritized for investment during the planning period.

12. Thematic diagram, map (if any).

C. Digital diagrams and maps, paper diagrams and maps at the scales of 1:10,000 - 1:25,000

1. Map on the current status of the province’s key areas (if any).

2. Diagram on orientations for development of the province’s key areas (if any).

(*) Note: Depending on each province’s different conditions, separate diagrams and maps can be made for the sector’s subjects or type of resources to ensure that the master plan contents are shown on the diagrams and maps.”.

26. To add Appendix IV and Appendix V after Appendix III.

Article 2. Replacing and annulling some words, phrases in a number of articles of the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019, on detailing a number of articles of the Planning Law

1. To replace the following phrases:

a) To replace the phrase “The list and scales of maps of master plan” with the phrase “The list and scales of diagrams and maps of master plan” in Clause 17 Article 20; Clause 8 Article 21; Clause 10 Article 22; Clause 6 Article 23; Clause 8 Article 24; Clause 6 Article 25; Clause 6 Article 26; Clause 11 Article 27 and Clause 15 Article 28;

b) To replace the phrase “The list and scales of maps of master plan” with the phrase “The list and scales of diagrams and maps of master plan” in Section 10 Part I Appendix II; Section 10 Part II Appendix II; Section 10 Part III Appendix II; Section 10 Part IV Appendix II; Section 10 Part V Appendix II; Section 10 Part VI Appendix II; Section 10 Part VIII Appendix II; Section 10 Part IX Appendix II; Section 8 Part X Appendix II; Section 10 Part XI Appendix II; Section 10 Part XII Appendix II; Section 9 Part I Appendix III; Section 9 Part II Appendix III; Section 9 Part III Appendix III; Section 9 Part IV Appendix III; Section 8 Part V Appendix III; Section 8 Part VI Appendix III; Section 9 Part VII Appendix III and Section 9 Part VIII Appendix III;

c) To replace the phrase “maps” with the phrase “diagrams” at Point b Section 6 Part II Appendix II;

d) To replace the phrase “maps, diagrams” with the phrase “diagrams, maps” in Section 10 Part I Appendix II; Section 10 Part II Appendix II; Section 10 Part III Appendix II; Section 10 Part IV Appendix II; Section 10 Part V Appendix II; Section 10 Part VI Appendix II; Section 9 Part VII Appendix II; Section 10 Part VIII Appendix II; Section 10 Part IX Appendix II; Section 8 Part X Appendix II; Section 10 Part XI Appendix II; Section 10 Part XII Appendix II; Section 9 Part I Appendix III; Section 9 Part II Appendix III; Section 9 Part III Appendix III; Section 9 Part IV Appendix III; Section 8 Part V Appendix III; Section 8 Part VI Appendix III; Section 9 Part VII Appendix III and Section 9 Part VIII Appendix III.

2. To annul Clause 3, and Point b Clause 4 Article 40.

Article 3. Transitional provisions

1. Plans on implementation of master plans that have been submitted to the competent authorities for promulgation before the effective date of this Decree but have not yet been issued, the law provisions effective before the effective date of this Decree shall apply.

2. Contents of provincial master plans that have been sent for collection of comments under Articles 16 and 19 of the Planning Law before the effective date of this Decree must not comply with this Decree.

3. For master plans of which master plan formulation tasks have been approved before the effective date of this Decree but have not been sent for collection of comments or not been submitted for appraisal, the re-approval of master plan formulation tasks shall not be required.

4. During the transitional implementation, if there is a change in expenses for planning activities, such expenses shall be adjusted in accordance with laws on planning, the state budget and public investment.

Article 4. Implementation provisions

1. This Decree takes effect on the signing date.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities and relevant organizations, individuals shall take responsibility for the implementation of this Decree.

* All Appendices are not translated herein.