Circular No. 03/2008/TT-BKH guiding the Government Decree No. 04/2008/NĐ-CP amending the Government Decree No. 92/2006/NĐ-CP on the establishment, approval, and management of comprehensive socio-economic development plans and Decision No. 281/2007/QĐ-BKH promulgating cost standards for the establishment, review, and adjustment of comprehensive socio-economic development plans, sectoral plans, and key product development plans.

CIRCULAR

Guidelines for Decree 04/2008/NĐ-CP amending Decree 92/2006/NĐ-CP on the establishment, approval, and management of comprehensive socio-economic development plans and Decision 281/2007/QĐ-BKH promulgating cost standards for the establishment, review, and adjustment of comprehensive socio-economic development plans, sectoral plans, and key product development plans

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Pursuant to Decree No. 61/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, and powers of the Ministry of Planning and Investment;

Pursuant to Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of comprehensive socio-economic development plans;

Pursuant to Decree No. 04/2008/NĐ-CP dated January 11, 2008 of the Government amending and supplementing certain articles of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of comprehensive socio-economic development plans,

The Ministry of Planning and Investment issues guidelines for the implementation of certain provisions of Decree No. 04/2008/NĐ-CP dated January 11, 2008 of the Government amending and supplementing certain articles of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of comprehensive socio-economic development plans (hereinafter referred to as Decree No. 04) and Decision No. 281/2007/QĐ-BKH dated March 26, 2007 of the Minister of Planning and Investment on the issuance of cost standards for the establishment, review, and adjustment of comprehensive socio-economic development plans, sectoral plans, and key product development plans (hereinafter referred to as Decision No. 281) as follows:

1. Regarding the review of comprehensive socio-economic development plans at the provincial and centrally-administered city level

Clause 17, Article 1 of Decree No. 04 provides that: "Comprehensive socio-economic development plans at the provincial and centrally-administered city level, comprehensive socio-economic development plans at the district level, and sectoral and key product development plans at the provincial level shall be reviewed by a Review Board established by the People's Committee of the province or centrally-administered city."

To implement this provision, the Ministry of Planning and Investment provides guidance as follows:

a) Regarding the review of comprehensive socio-economic development plans at the provincial and centrally-administered city level (referred to as provinces):

- The Department of Planning and Investment is responsible for submitting to the People's Committee of the province a list of members of the Review Board. Members of the Review Board include a representative from the People's Committee of the province; representatives from relevant departments and agencies; representatives from scientific experts; and may include representatives from some central ministries and agencies.

- The Review Board must have at least seven members, including a Chair, a Vice-Chair, a Secretary, and other members.

- The Chair of the Review Board appoints two members to serve as critics.

- Prior to the Review Board organizing a meeting to evaluate and review the comprehensive socio-economic development plan at the provincial level, the opinions of the two critics and the relevant ministries, sectors, and localities must be obtained. At the review meeting, at least two-thirds of the members must be present, including the Chair or Vice-Chair of the Review Board and one critic.

- The time and location of the review meeting for the comprehensive socio-economic development plan at the provincial level must be publicly announced through mass media so that those who wish to contribute their opinions can attend.

b) Regarding the review of comprehensive socio-economic development plans at the district and town level within provinces (referred to as districts):

- The District People's Committee coordinates with the Department of Planning and Investment to unify the list of Review Board members to be submitted to the Chairman of the Provincial People's Committee for decision. Members of the Review Board include a representative from the Provincial People's Committee; representatives from relevant departments and agencies; representatives from the leadership of the District People's Committee or district departments; and representatives from scientific experts.

- The Review Board must have at least five members, including a Chair, a Vice-Chair, a Secretary, and other members.

- The Chair of the Review Board appoints two members to serve as critics.

- Prior to the Review Board organizing a meeting to evaluate and review the comprehensive socio-economic development plan at the district level, the opinions of the two critics and the relevant departments, sectors, and localities must be obtained. At the review meeting, at least two-thirds of the members must be present, including the Chair or Vice-Chair of the Review Board and one critic.

- The time and location of the review meeting for the comprehensive socio-economic development plan at the district level must be publicly announced through mass media so that those who wish to contribute their opinions can attend.

c) Regarding the review of sectoral and key product development plans at the provincial and centrally-administered city level (referred to as provinces):

- The department or agency primarily responsible for establishing the sectoral and key product development plan must coordinate with the Department of Planning and Investment to unify the list of Review Board members to be submitted to the Chairman of the Provincial People's Committee for decision. Members of the Review Board include a representative from the Provincial People's Committee; representatives from relevant departments and agencies; representatives from scientific experts; and may include representatives from some central ministries and agencies.

- The Review Board must have at least seven members, including a Chair, a Vice-Chair, a Secretary, and other members.

- The Chair of the Review Board appoints two members to serve as critics.

- Prior to the Review Board organizing a meeting to evaluate and review the sectoral and key product development plan at the provincial level, the opinions of the two critics and the relevant departments, sectors, and localities must be obtained. At the review meeting, at least two-thirds of the members must be present, including the Chair or Vice-Chair of the Review Board and one critic.

- The time and location of the review meeting for the sectoral and key product development plan at the provincial level must be publicly announced through mass media so that those who wish to contribute their opinions can attend.

2. Regarding the determination of sectors, fields, and key products at the provincial level (at the provincial level) that require planning

Article 1, Clause 3 of Decree No. 04 stipulates: "Based on development requirements at each period, the industry planning, sector planning, and main product planning shall be decided by the Chairman of the Provincial People's Committee."

To implement this provision, the Department of Planning and Investment shall be responsible for compiling recommendations from various departments and agencies and preparing reports to submit to the Provincial People's Committee regarding the list of industries, sectors, and main products on the provincial territory that need planning, for consideration and decision by the Chairman of the Provincial People's Committee.

The determination of industries, sectors, and main products on the provincial territory that need planning must be based on: the potential and comparative advantages of the province, future economic and social development needs of the province, central orientation for the development of industries and sectors expected to be distributed within the provincial territory, and the results of market feasibility studies.

Depending on the context and requirements of each stage of development, the list of industries, sectors, and main products on the provincial territory that need planning may change (increase or decrease) and shall be considered and decided by the Chairman of the Provincial People's Committee.

3. Regarding the application of Decision No. 281/2007/QD-BKH dated March 26, 2007, issued by the Minister of Planning and Investment on the issuance of cost standards for planning, reviewing, and adjusting comprehensive socio-economic development plans, industry plans, and main product plans.

a) On pricing for budgeting costs for planning, reviewing, and adjusting plans

The price framework and cost standards for planning, reviewing, and adjusting comprehensive socio-economic development plans, industry development plans, and main product plans are established based on the price level at the end of 2006. When budgeting costs for planning and reviewing work, adjustments will be made according to the principle of multiplying with the inflation rate (price index) published by the State at the nearest time point when the budget is prepared.

b) On cost standards for environmental protection research in planning projects

According to Decision No. 281, in the price framework and cost standards for provincial comprehensive socio-economic development plans, there are two contents related to environmental protection issues (in Tables 6 and 10 of Decision No. 281):

- Developing environmental protection measures: accounting for 2% of the project planning and adjusted planning costs for the province;

- Costs for preparing strategic environmental assessment reports (part of Project Management and Operation Costs): accounting for 3% of the planning project costs for the province and 2.5% for adjusted planning projects for the province.

Clause 2, Article 6, Part 2 of Decree No. 80/2006/NĐ-CP dated August 9, 2006, issued by the Government on detailed regulations and guidance on implementing certain provisions of the Environmental Protection Law stipulates: "The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide financial systems for activities related to the preparation, review, and supervision of implementation of strategic environmental assessment reports...". Therefore, the funding for preparing strategic environmental assessment reports for comprehensive socio-economic development planning projects is guided by the Ministry of Finance leading and coordinating with the Ministry of Natural Resources and Environment, and does not fall under the scope of adjustment of Decision No. 281.

The Ministry of Planning and Investment guides the content of work and actual costs for environmental protection issues in comprehensive socio-economic development planning projects according to Decision No. 281 as follows:

- For the content of Developing environmental protection measures: Research and propose directions for protecting water, soil, air environments, protecting the environment in key areas (urban areas, industrial zones...), directions for collecting and treating solid waste, wastewater... within the provincial territory.

- For the content of Costs for preparing strategic environmental assessment reports (part of Project Management and Operation Costs); this portion of funds will carry out the following tasks:

+ Editing and completing the Comprehensive Socio-Economic Development Plan Report for the province according to the comments of the Strategic Environmental Assessment Report Review Board on the Comprehensive Socio-Economic Development Plan Project carried out in accordance with the Environmental Protection Law;

+ Monitoring and supervising the implementation of the strategic environmental assessment report for the comprehensive socio-economic development plan project for the province.

4. Implementation organization

This Circular takes effect fifteen days after its publication in the Official Gazette.

During the implementation process, if any difficulties or issues arise requiring discussion, please contact the Ministry of Planning and Investment directly for consideration and resolution./.