Circular No. 05/2013/TT-BKHĐT guides the organization of preparation, examination, approval, adjustment, and publication of comprehensive plans for socio-economic development; sectoral, field-specific, and key product plans. It applies to state management agencies on planning and related organizations and individuals. The core point is the regulation of procedures for preparing, examining, approving, adjusting, and publishing plans.
Đối tượng áp dụng
State management agencies responsible for planning; organizations and individuals related to the preparation, examination, approval, adjustment, and publication of information on plans.
Các điểm cốt lõi
- The agency organizing the plan is responsible for drafting the outline, tasks of the plan, and budget estimate; submitting to the competent authority for approval.
- The permanent unit conducting the examination of plans implements the examination work through the establishment of an Examination Board or obtaining examination opinions in writing.
- The agency preparing the plan must send the examination file to the members of the Examination Board to solicit contributions, compile, and submit to the Chairman of the Examination Board for review and decision.
- Within ten working days from the end of the examination meeting, the permanent examination unit coordinates with the plan-preparing agency to implement the contents according to the conclusions of the Examination Board.
- The authorized person to approve the plan reviews and decides to allow the adjustment of the plan and notifies in writing.
🌐 Tác động xã hội từ văn bản này
- Positive impact is that the public announcement of the plan helps enhance transparency and community participation in the planning process.
- Negative impact may be the burden of time and cost for agencies and organizations when implementing examination and approval procedures for plans.
❓ Câu hỏi thường gặp
Which agency is responsible for drafting the outline and tasks of the plan?
The agency preparing the plan is responsible for drafting the outline, tasks of the plan, and budget estimate.
What is the timeframe for the examination agency to evaluate the planning project?
Within fifteen working days from receiving the file, members of the Examination Board must submit their comments.
What requirements are there for the examination file of the plan?
The examination file of the plan includes various contents such as the consolidated report, maps, diagrams, strategic environmental assessment reports (if applicable), and decisions approving the outline and tasks of the plan.
Who has the authority to approve adjustments to the plan?
The person authorized to approve the plan as stipulated in Clause 18, Article 1 of Decree No. 04/2008/NĐ-CP has the authority to review and decide on allowing the adjustment of the plan.
How many forms of announcing the plan are there?
Public announcement of the plan can be carried out in one or more forms such as organizing conferences, seminars, press conferences; notifying through mass media; printing in book or disc form.
Toàn văn
CIRCULAR
Guidelines for organizing the preparation, examination, approval, adjustment
and publication of comprehensive socio-economic development plans;
sectoral development plans and key product development plans;
__________________
Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;
Pursuant to Decree No. 92/2006/N |||ND-CP dated September 7, 2006 of the Government on planning, approval, and management of comprehensive socio-economic development plans;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to Decree No. 04/2008/NĐ-CPdevelopmentP dated January 11, 2008 of the Government amending and supplementing certain provisions of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on planning, approval, and management of comprehensive socio-economic development plans;policies - social organizations;
Pursuant to Decree No. 29/2-CNĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment;Considering the proposal of the Director of the Department of Planning Management Transit through, and Residence of Foreigners in Vietnam dated June 25, The Minister of Planning and Investment issues this Circular guiding the organization of preparation, examination, approval, adjustment, and publication of comprehensive socio-economic development plans; sectoral development plans and key product development plans; đThis Circular guides the organization of preparation, examination, approval, adjustment, and publication of comprehensive socio-economic development plans; sectoral development plans and key product development plans (hereinafter referred to as "plans") as prescribed in Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on planning, approval, and management of comprehensive socio-economic development plans (Decree No. 92/2006/NĐ-CP) and Decree No. 04/2008/NĐ-CP dated January 11, 2008 of the Government amending and supplementing certain provisions of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on planning, approval, and management of comprehensive socio-economic development plans (Decree No. 04/2008/NĐ-CP).Deputy ministers of ministerial-level agencies, von manage, price framework for power generation 1. State agencies responsible for managing state administration over comprehensive socio-economic development plans; sectoral development plans and key product development plans., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP2. Organizations and individuals related to the preparation, examination, approval, adjustment, and publication of information on comprehensive socio-economic development plans; sectoral development plans and key product development plans.
The outline, tasks of the plan, and budget estimate011/are requirements regarding the content of research and implementation of the planning project and the budget estimates corresponding to the implementation of the planning tasks, established by the agency organizing the plan and approved by the competent authority.
The agency organizing the plan;
are the agencies specified in Clause 6, Article 1 of Decree No. 04/2008/NĐ-CP, which are the agencies implementing the plan as stipulated in Clause 17, Article 1 of Decree No. 04/2008/NĐ-CP; the state agencies responsible for preparing the plan as stipulated in Clause 4, Article 7 of Decree No. 92/2006/NĐ-CP; the state management agencies responsible for preparing the plan as stipulated in Clause 2, Article 10 of Decree No. 92/2006/NĐ-CP, specifically as follows:ê a) The agency organizing the comprehensive socio-economic development plan for economic and social regions as stipulated in Clause 1, Article 15 of Decree No. 92/2006/NĐ-CP and special territories as stipulated in Clause 9, Article 1 of Decree No. 04/2008/NĐ-CP is the Ministry of Planning and Investment;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPb) The agency organizing the sectoral development plan, field development plan, and key product development plan as stipulated in Clause 14 and Sub-clause b, Clause 6, Article 1 of Decree No. 04/2008/NĐ-CP are Ministries, ministerial-level agencies, and government agencies (referred to as Ministries and government agencies);,
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
c) The agency organizing the provincial comprehensive socio-economic development plan, district comprehensive socio-economic development plan, and provincial sectoral development plan, field development plan, and key product development plan is the Provincial People's Committee, the People's Committee of centrally governed cities (Provincial People's Committee).
Article 2. Applicability
The agency preparing the plan
is the agency or unit entrusted with the task of preparing the plan as stipulated in Clause 5, Article 1 of Decree No. 04/2008/NĐ-CP, assigned by the agency organizing the plan as stipulated in Clause 2 of this Article, specifically as follows:
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. a) For plans organized by Ministries and government agencies, the agency preparing the plan is the agency or unit under the Ministries and government agencies; b) For provincial comprehensive socio-economic development plans and provincial sectoral development plans, field development plans, and key product development plans, the agency preparing the plan is the department or industry under the province or centrally governed city;
2. c) For district comprehensive socio-economic development plans, the agency preparing the plan is the District People's Committee, town People's Committee, and city People's Committee under the province (District People's Committee). The permanent unit examining the plan
is the agency or unit directly under the agency organizing the plan and having the function and task of managing the plan, specifically as follows:
a) For plans organized by Ministries and government agencies, the permanent unit examining the plan is the agency or unit entrusted with the function and task of managing the plan under the Ministries and government agencies;
b) For plans organized by the Provincial People's Committee, the permanent unit examining the plan is the Department of Planning and Investment.
3. is an advisory organization with legal personality, professional association, or industry association (organization) or expert hired by the agency preparing the plan to prepare the plan or perform some tasks during the preparation process as stipulated in Clause 2, Article 10 of Decree No. 92/2006/NĐ-CP. OUTLINE, TASKS OF THE PLAN AND BUDGET ESTIMATE
a) For planning projects organized by Ministries, agencies under the Government, the planning agency is a unit directly subordinate to the Ministry or agency under the Government;
b) For overall socio-economic development plans at the provincial level and sectoral development plans at the provincial level, the planning agency is a department or industry under the province or centrally governed city;
c) For overall socio-economic development plans at the district level, the planning agency is the People's Committee of districts, towns, or cities under provinces (People's Committee at the district level).
4. The permanent unit for reviewing plans is an agency or unit directly subordinate to the organizing agency for plan formulation and has the function and responsibility of managing plans, specifically as follows:
a) For plans organized by Ministries, agencies under the Government, the permanent unit for reviewing plans is an agency or unit assigned the function and responsibility of managing plans directly subordinate to the Ministry or agency under the Government;
b) For plans organized by the People's Committee at the provincial level, the permanent unit for reviewing plans is the Department of Planning and Investment.
5. Consulting for drafting the plan is a consulting organization with legal personality, a professional association, or a trade association (organization), or an expert hired by the planning agency to formulate plans or perform certain tasks during the plan formulation process as stipulated in Clause 2 of Article 10 of Decree No. 92/2006/NĐ-CP.
Chapter II
ORGANIZING THE ESTABLISHMENT OF PLANNING
Section 1
PLAN FRAMEWORK, PLANNING TASKS AND BUDGET ESTIMATE
Article 4. Basis for drafting the outline, tasks of planning, and budget estimate
1. Legal documents, Resolutions, decisions on economic and social development policies of the Party, National Assembly, and Government related to the Region, locality, sector, field, and products that require planning;
2. Directives from the Government, provincial or centrally governed city People's Committees, or the Ministry managing the sector requiring the establishment of plans;
3. Relevant existing valid plans;
4. Guidelines on funding for planning work and current financial management regulations relevant to planning.
Article 5. Outline, tasks of planning, and budget estimate
1. The agency responsible for planning shall be responsible for drafting the outline, tasks of planning, budget estimate, and submitting them for approval according to regulations.
2. The outline and tasks of planning for a planning project include the following main contents:
a) Name of the planning project;
b) The necessity, urgency, and practical significance of the plan;
c) Bases for establishing the plan;
d) Scope and period of planning;
đ) Objectives, requirements, and key issues to be resolved in the planning project;
e) Main contents of corresponding types of plans as stipulated in Articles 16, 19, 22, and 26 of Decree No. 92/2006/NĐ-CP;
g) Requirements for product documentation of the planning project;
h) Requirements for progress; responsibilities of the parties involved during the implementation of the planning project.
3. The budget estimate for planning projects is prepared in accordance with the provisions of guiding documents on funding for planning work and current financial management regulations relevant thereto.
Article 6. Review of the outline, tasks of planning, and budget estimate
1. The agency organizing the planning shall be responsible for organizing the review of the outline, tasks of planning, and budget estimate for planning projects within its authority, specifically as follows:
a) The review of the outline, tasks of planning, and budget estimate of planning projects under the Prime Minister's approval authority shall be conducted through the establishment of a Review Board.
The number of members, structure, and composition of the Review Board for the outline, tasks of planning, and budget estimate of planning projects shall be decided by the head of the agency organizing the planning, but must include representatives from the Ministry of Planning and Investment and the Ministry of Finance (for sectoral plans established by ministries); representatives from the Ministry of Planning and Investment, Provincial Departments of Planning and Investment, and Provincial Departments of Finance (for provincial-level comprehensive socio-economic development plans).
Conditions for holding meetings, voting procedures, and evaluation by the Review Board for the outline, tasks of planning, and budget estimate shall be applied correspondingly to the Review Board for planning projects as stipulated in Clause 2, Article 18 and Article 19 of this Circular.
b) The review of the outline, tasks of planning, and budget estimate of planning projects under the approval authority of the Minister, head of an equivalent ministry-level agency, and government-affiliated agencies, and the Chairman of the People's Committee of provinces and centrally governed cities (Chairman of the provincial-level People's Committee) shall be conducted through soliciting written reviews from relevant agencies; including opinions from the Ministry of Planning and Investment and the Ministry of Finance (for plans approved by the Minister, head of an equivalent ministry-level agency, and government-affiliated agencies); opinions from the sectoral management ministry, Provincial Departments of Planning and Investment, and Provincial Departments of Finance (for provincial sectoral plans); and opinions from Provincial Departments of Planning and Investment and Provincial Departments of Finance (for county-level comprehensive socio-economic development plans).
2. The permanent unit responsible for reviewing plans has the duty to implement the review work, specifically as follows:
a) In cases where a Review Board is established, the permanent unit responsible for reviewing plans advises the head of the agency organizing the planning to decide the list of the Review Board; implements review meetings; compiles the opinions of Review Board members; coordinates with the planning agency to perfect the outline, tasks of planning, and budget estimate, and prepares a report on the review results.
b) In cases of soliciting written reviews, the permanent unit responsible for reviewing plans is responsible for implementing the solicitation of contributions from relevant agencies, compiling review opinions; coordinating with the planning agency to perfect the outline, tasks of planning, and budget estimate, and preparing a report on the review results.
3. The report on the review results of the outline, tasks of planning, and budget estimate includes the following main contents:
a) The appropriateness of legal bases;
b) The necessity, urgency, and practical significance of the plan;
c) The appropriateness of the content of the outline, tasks of planning, budget estimate, and sources of funds for planning;
d) Conclusions of the Review Board (in cases where a Review Board is established) or recommendations of the permanent unit responsible for reviewing plans (in cases of soliciting written reviews).
Article 7. Approval of the outline, tasks, and budget estimate for planning
1. The planning agency shall be responsible for submitting the approval of the outline, tasks, and budget estimate for planning.
2. The documents for submission include:
a) A proposal from the planning agency;
b) A report on the results of the review of the outline, tasks, and budget estimate for planning in accordance with Clause 3, Article 6 of this Circular;
c) A draft Decision approving the outline, tasks, and budget estimate for planning in accordance with the model specified in Appendix 1.
Article 8. Authority to approve the outline, tasks, and budget estimate for planning
1. The Minister of each Ministry shall approve the outline, tasks, and budget estimate for planning for projects organized by the Ministry.
2. The Chairman of the People's Committee at the provincial level shall approve the outline, tasks, and budget estimate for planning for projects organized by the People's Committee at the provincial level.
Section 2
ESTABLISHING PLANNING
Article 9. Basis for Planning
1. The approved outline, planning tasks, and budget estimate.
2. The bases for planning must comply with the provisions applicable to each type of planning as stipulated in Articles 17, 20, 23, and 27 of Decree No. 92/2006/ND-CP and Clauses 10, 11, 12, 13, 15, and 16 of Article 1 of Decree No. 04/2008/ND-CP.
Article 10. Consulting Services for Planning
1. The selection of organizations and experts to participate in consulting services for planning shall be carried out in accordance with the laws on bidding.
2. Organizations and experts providing consulting services for planning shall be responsible for the content, quality, and progress of implementing the planning project according to the Contract signed with the planning agency.
3. The planning agency shall coordinate with the consulting service providers during the planning process to ensure compliance with the approved outline and tasks and shall be responsible for the entire content of the planning project.
Article 11. Strategic Environmental Assessment Report of the Planning Project
1. For planning projects that must prepare a strategic environmental assessment report in accordance with Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitments (Decree No. 29/2011/ND-CP), the planning agency shall be responsible for preparing or hiring consultants to prepare the Strategic Environmental Assessment Report during the planning process.
2. The preparation, review, and approval of the Strategic Environmental Assessment Report shall be carried out in accordance with the laws on environmental protection.
Article 12. Soliciting Opinions on the Draft Comprehensive Planning Report
1. The planning agency must submit written opinions from relevant agencies on the draft comprehensive planning report to improve it before submitting for review, specifically:
a) Comprehensive planning for overall socio-economic development in regions and special territories organized by the Ministry of Planning and Investment must solicit opinions from Ministries, sectors, and provincial People's Committees within the planning region.
b) Provincial-level comprehensive planning for overall socio-economic development must solicit opinions from Ministries, sectors, and neighboring provincial People's Committees.
c) County-level comprehensive planning for overall socio-economic development must solicit opinions from provincial departments and neighboring county People's Committees.
d) Sectoral, field, and key product planning organized by ministries and government agencies must solicit opinions from Ministries, sectors, and provincial People's Committees related to the planning.
đ) Provincial-level sectoral, field, and key product planning must solicit opinions from the sector management ministry, provincial departments, and county People's Committees related to the planning within the province.
2. In addition, the planning agency may also solicit opinions from other agencies, organizations, units, and individuals to improve the draft comprehensive planning report.
Chapter III
ORGANIZATION OF REVIEW AND APPROVAL OF PLANNING
Section 1
REVIEW OF PLANNING
Article 13. Competence to review planning schemes
The agency organizing the planning scheme as stipulated in Clause 2, Article 3 of this Circular shall be responsible for establishing a Review Board to organize the review of the planning project.
Article 14. Review Board
1. The head of the agency organizing the planning scheme issues a Decision to establish the Review Board.
2. The Review Board operates on the principle of open and direct discussion and is accountable to the head of the agency organizing the planning scheme for the conclusions of the review.
3. In cases where necessary, the agency organizing the planning scheme may hire consulting organizations or individuals with competence to participate in reviewing the planning projects.
Article 15. Tasks of the permanent unit for planning scheme review
1. Verify the validity and completeness of the documents submitted for review.
2. Based on the guidelines in Appendix 2, propose the number and structure of the Review Board for the planning project (Review Board) and draft the decision to establish the Review Board (in accordance with the model specified in Appendix 3), submit to the head of the agency organizing the planning scheme for consideration and decision.
3. Develop and submit to the Chairperson of the Review Board for approval the plan for organizing the review.
4. Send the documents to the members of the Review Board.
5. Compile the opinions of the members of the Review Board.
6. Guide the planning organization to implement the conclusions of the Review Board and organize a re-review (if necessary).
7. Draft the Review Report.
8. Prepare the Petition for Approval of the Planning Scheme and draft Decision on Approval of the Planning Scheme.
9. Perform other tasks related to the review work of the planning project as assigned by the Chairman of the Review Board.
Article 16. Documents for reviewing the planning project
1. The documents for review of planning projects include:
a) A proposal from the planning agency;
b) Comprehensive report and summary report of the planning scheme (completed after soliciting opinions from relevant agencies) printed on A4 paper, bound, cover page signed and stamped by the head of the planning organization and the consulting organization (if any);
c) Specialized reports (clearly indicating the author's name); tables and data charts (clearly indicating the source of information);
d) Map system and diagrams as prescribed in Decree No. 92/2006/NĐ-CP;
đ) Report on the results of reviewing the Strategic Environmental Assessment report (if any);
e) Decision approving the outline, tasks, and budget estimate of the planning scheme;
g) Written contributions from relevant Ministries, sectors, localities, agencies, and organizations;
h) Review report at the grassroots level (explaining the adoption of opinions from relevant agencies and units).
2. The minimum number of sets of documents for reviewing the planning scheme is as follows:
a) For overall socio-economic development planning schemes for regions and special territories: 20 sets;
b) For industry, sector, and key product development planning schemes organized by Ministries and government agencies: 15 sets;
c) For overall socio-economic development planning schemes at the provincial level: 15 sets;
d) For overall socio-economic development planning schemes at the district level: 12 sets;
đ) For industry, sector, and key product development planning schemes at the provincial level: 12 sets. The permanent unit for planning scheme review may request the planning organization to provide additional documents based on the requirements of the Review Board.
3. In case the documents are not valid, within five (05) working days from the date of receipt of the documents, the permanent unit for planning scheme review shall notify the planning organization in writing.
Article 17. Soliciting Opinions During the Organization of Planning Project Review
1. Within five (05) working days from the date of the decision to establish the Review Board, the permanent unit for planning scheme review sends the documents for reviewing the planning project to the members of the Review Board to solicit their opinions.
2. Within fifteen (15) working days from the date of receipt of the documents for reviewing the planning project, the members of the Review Board must send their written comments to the permanent unit for planning scheme review for consolidation.
Article 18. Meeting to Review Planning Projects
1. Within fifteen (15) working days from the date of receipt of opinions of the members of the Review Board, the permanent review unit shall consolidate the opinions and submit to the Chairman of the Review Board for organizing the meeting to review the planning project.
2. Conditions for conducting the meeting to review the planning project:
a) At least two-thirds (2/3) of the members of the Review Board must attend, including the Chairman of the Review Board, one (01) member for counter-opinion and the permanent member of the Review Board;
b) Representatives of the agency drafting the plan and the consulting agency (if any).
3. The Chairman of the Review Board shall consider and decide on inviting non-members of the Review Board to attend the meeting to review the planning project. Invited representatives may participate in the discussion but are not allowed to vote.
4. The agenda of the meeting to review the planning project shall be carried out according to the guidance in Appendix 4.
5. Documents adopted at the meeting to review the planning project include:
a) Minutes of the meeting to review the planning project;
b) Minutes of the ballot assessing the planning project by the Review Board;
c) Conclusion of the Review Board.
Article 19. Voting to Assess Planning Projects by the Review Board
1. The Review Board shall vote to assess the planning project using the Assessment Voting Form of the Review Board member (according to the model in Appendix 5).
2. The assessment result of the planning project shall be compiled based on the following principles:
a) The planning project is approved when at least two-thirds (2/3) of the members attending the review meeting, but not less than fifty percent (50%) of the total members of the Review Board, vote in favor of approval.
The planning project must be revised and supplemented if there is at least one request for revision and supplementation;
b) The planning project is not approved when more than one-third (1/3) of the members attending the review meeting vote against its approval.
Article 20. Handling of Planning Projects After the Review Meeting
Within ten (10) working days from the date of conclusion of the meeting to review the planning project, the permanent review unit shall send the conclusion of the Review Board to the agency drafting the plan and coordinate with the agency to implement the following contents:
1. In case the planning project is approved without any requirement for revision or supplementation, the permanent review unit shall coordinate with the agency drafting the plan to prepare the dossier for approval of the plan.
2. In case the planning project is approved but requires revision and supplementation,
a) The permanent review unit for planning has the responsibility:
- To receive the dossier of the planning project that has been revised and supplemented and request the opinion of the Review Board members (if required by the Review Board);
- To study the dossier, consolidate the opinions of the Review Board members (if any), and prepare a report for submission to the Chairman of the Review Board for consideration and decision. In case the planning project does not meet the requirements, the permanent review unit for planning shall issue a document requesting the agency drafting the plan to complete the dossier of the planning project.
b) The agency drafting the plan has the responsibility:
- To complete the dossier of the planning project according to the conclusion of the Review Board;
- To submit the completed dossier of the planning project to the permanent review unit for planning along with a document explaining the adoption of the Review Board's opinions.
3. In case the planning project is not approved, the agency drafting the plan shall have the responsibility: - To study and develop the plan again; - To bear all costs arising during the drafting and re-review of the planning project.
Article 21. Report on the Review of Planning Project
Within ten (10) working days from the date of receipt of the planning project dossier completed by the planning agency according to the requirements of the Review Board, the permanent review unit shall prepare the Report on the Review with the main contents prescribed in Appendix 6 and submit it for approval by the Chairman of the Planning Review Board.
For planning projects organized by the Ministry of Planning and Investment and those within the approval authority of the Chairman of the Provincial People's Committee, the Report on the Review of the Planning Project must include opinions on the following contents: The suitability of objectives, key projects, and consistency with the scale, progress, steps, priority order, and resource availability for the planning.
Section 2
APPROVAL OF THE PLAN
Article 22. Soliciting Opinions of the Ministry of Planning and Investment on Planning Projects before Approval
1. Projects requiring solicitation of opinions:
a) Projects under the approval authority of
b) Projects under the approval authority of the Minister, Head of Ministries at the level of ministries, and government agencies.
2. Contents for soliciting opinions include: The suitability of objectives, key projects, and consistency with the scale, progress, steps, priority order, and resource availability for the planning.
3. Documents sent by the organizing agency to the Ministry of Planning and Investment for soliciting opinions include:
a) A letter requesting opinions from the organizing agency;
b) Summary report on the planning;
c) System of maps and diagrams;
d) Report on the Review of the Planning Project;
đ) Explanation of the adoption of opinions from related agencies contributing to the planning (with copies of opinion-providing documents attached);
e) Draft Decision on Approval of the Planning (according to the model in Appendix 7).
4. Within fifteen (15) working days from the date of receipt of the dossier, the Ministry of Planning and Investment shall provide written opinions on the contents stipulated in Clause 2 of this Article.
Article 23. Submitting Planning Projects to the People's Council
Comprehensive planning projects for socio-economic development at the provincial level (having opinions of the Ministry of Planning and Investment as prescribed in Article 22 of this Circular) and sectoral and product development planning projects at the provincial level (having opinions of the Provincial Department of Planning and Investment in the Report on the Review of the Planning Project as prescribed in Article 21 of this Circular) must be submitted to the Provincial People's Council for examination and decision in accordance with Article 11 of the Law on the Organization of the People's Councils and People's Committees before being approved.
Article 24. Submission and Approval of Planning
1. Authority to Approve Planning
The authority to approve comprehensive socio-economic development planning is stipulated in Clause 18, Article 1 of Decree No. 04/2008/NĐ-CP.
2. Responsibilities for Submitting for Approval:
a) Comprehensive socio-economic development planning for socio-economic regions and special territories shall be submitted for approval by the Ministry of Planning and Investment;
b) Sectoral and product development planning within the approval authority of
c) Comprehensive socio-economic development planning at the provincial level shall be submitted for approval by the Provincial People's Committee;
d) Sectoral and product development planning within the approval authority of Ministers of Ministries and sectors shall be submitted for approval by the permanent review units under the Ministries and government agencies;
đ) Sectoral and product development planning of provinces, comprehensive socio-economic development planning at the district level shall be submitted for approval by the Provincial Department of Planning and Investment.
3. Dossier for Submitting for Approval of Planning Projects Includes:
a) A proposal requesting approval of the planning;
b) Summary report and concise report on the planning that has been completed, printed on A4 paper, bound into volumes, with the back cover signed and stamped by the Head of the Planning Agency and the consulting organization (if any);
c) System of maps and diagrams as prescribed;
d) Report on the results of the review of the Strategic Environmental Assessment report (if any);
đ) Report on the review of the planning project;
e) Document of the Ministry of Planning and Investment as prescribed in Article 22 of this Circular;
g) Resolution of the Provincial People's Council on the planning project as prescribed in Article 23 of this Circular;
h) Draft Decision on Approval of the Planning.
Chapter IV
AMENDMENT OF THE PLAN
Article 25. Cases for Adjusting the Master Plan
The master plan shall be adjusted in the following cases:
1. There is a change in the national economic and social development strategy, the overall master plan at a higher level, or there is a change in administrative boundaries that significantly affects the nature, function, and scale of the planning territory;
2. The formation of key projects with national significance that significantly affect land use, the environment, and the arrangement of infrastructure works;
3. The implementation of the master plan adversely affects economic and social development, national defense, security, social welfare, and the ecological environment, cultural heritage, as determined through reviews and assessments of the master plan's implementation and community opinions;
4. There is a fluctuation in climatic, geological, hydrological conditions, national defense, and security that impacts the goals and directions of development in industries, sectors, and localities;
5. At the request of the authority responsible for approving the master plan.
Article 26. Forms of Adjusting the Master Plan
1. Comprehensive amendment of planning:
a) Comprehensive adjustment of the master plan is carried out when the development goals and directions change. The review period for comprehensive adjustment of the master plan is every five years, except in special cases where the master plan must be adjusted according to the requirements of the authority responsible for approving the master plan.
b) Comprehensive adjustment of the master plan must ensure practical requirements, align with the trend of economic and social development, and maintain consistency and integration with related master plans; ensure continuity, not significantly impacting ongoing investment and development projects.
2. Partial amendment of planning:
a) Partial adjustment of the master plan is carried out when the proposed adjustment content does not affect the development goals and directions, and the approved content and implementation plan of the development master plan.
b) Partial adjustment of the master plan must clearly define the scope, extent, and content of the adjustment; ensure the continuity and consistency of the master plan, its integration with other related master plans, clarify the reasons for the adjustment; the economic, social, and environmental effects of the adjustment; solutions to address issues arising from the adjustment of the master plan.
Article 27. Proposing Adjustment of the Master Plan
1. Authority to Propose Adjustment
a) The agency organizing the master plan proposes adjustments for master plans within the approval authority of
b) The agency drafting the master plan proposes adjustments for master plans within the approval authority of the Minister, the head of ministries equivalent to ministries, government agencies, and the Chairman of the People's Committee of the province.
2. Content of the Proposal for Adjustment Includes:
a) Reasons for adjusting the master plan;
b) Proposed content of the adjustment;
c) Budget estimate for implementing the adjustment of the master plan.
3. Approval of the Proposal for Adjustment of the Master Plan
The authority responsible for approving the master plan as stipulated in Clause 18, Article 1 of Decree No. 04/2008/NĐ-CP has the authority to consider and decide on allowing the adjustment of the master plan. Approval for allowing the adjustment of the master plan is notified in writing.
Article 28. Implementation of Comprehensive Adjustment of the Master Plan
1. The procedure for comprehensive amendment of planning shall be carried out as if it were a new planning project as stipulated in this Circular.
2. The agency drafting the master plan must prepare a report reviewing and evaluating the implementation of the approved master plan, serving as the basis for the adjustment of the master plan.
Article 29. Review of Partial Adjustment of Planning
1. The planning establishment agency shall submit the partial adjustment planning dossier to the permanent unit for planning review to organize the collection of opinions from relevant agencies.
2. The dossier for seeking review opinions on partial adjustment of planning includes:
a) The approval document allowing the adjustment of planning in accordance with Clause 3, Article 27 of this Circular;
b) Draft proposal for approval of partial adjustment of planning;
c) Report explaining the partial adjustment of planning
d) System of maps and diagrams illustrating the adjustment of planning.
3. Consolidation of opinions and completion of the partially adjusted planning dossier. The permanent unit for planning review is responsible for consolidating the contributions and coordinating with the planning establishment agency to complete the partially adjusted planning dossier.
Article 30. Submission and Approval of Partial Adjustment of Planning
1. Authority to Approve Partial Adjustment of Planning
The person with the authority to approve planning shall consider and decide on the approval of partial adjustments of corresponding planning.
2. Responsibility for Submitting for Approval of Partial Adjustment of Planning
The responsibility for submitting and approving the partial adjustment of planning is carried out correspondingly with the responsibility for submitting and approving planning as stipulated in Clause 2, Article 24 of this Circular.
3. Dossier requesting approval of partial adjustment of planning
a) Proposal requesting approval of partial adjustment of planning;
b) Completed report explaining the partial adjustment of planning printed on A4 paper, bound into a booklet, with signatures and seals of the Head of the agency submitting for approval, the planning agency, and the consulting organization (if any) on the back cover;
c) System of maps and diagrams illustrating the adjustment of planning;
d) Explanation of the adoption of opinions from related agencies (with copies of contributing documents attached);
d) Resolution of the Provincial People's Council (for the partial adjustment of provincial-level comprehensive socio-economic development planning projects and provincial-level sectoral, field, and key product planning projects);
e) Draft Decision on approval of partial adjustment of planning (according to Model 8 in the Appendix).
Chapter V
ANNOUNCEMENT OF PLANNING
Article 31. Forms of Announcing Planning
The public disclosure of planning (excluding planning containing secret contents that cannot be disclosed according to the provisions of the law) shall be implemented through one or more of the following forms:
1. Organizing conferences, seminars, press conferences to announce planning with the participation of representatives from related organizations and agencies, the Fatherland Front, people's representatives in the planning area, and news media.
2. Announcing on mass media such as radio, television, newspapers, and official websites of planning management agencies.
3. Printing in the form of books or discs for wide distribution of the planning content and system of planning maps, regulations on implementing planning management (if applicable).
Article 32. Content of Announcing Planning
The content of announcing and publicizing comprehensive socio-economic development planning projects includes:
1. Decision document approving the planning.
2. Planning maps.
3. List of priority investment projects (project name, construction location; scale/capacity; expected schedule...).
Chapter VI
IMPLEMENTATION
Article 33. Effective Date
This Circular takes effect from December 15, 2013.
2. This Circular replaces the following Circulars:
a) Circular No. 01/2007/TT-BKH dated February 7, 2007 of the Ministry of Planning and Investment guiding the implementation of certain Articles of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on planning, approval, and management of comprehensive socio-economic development planning;
b) Circular No. 03/2008/TT-BKH dated July 1, 2008 of the Ministry of Planning and Investment guiding the implementation of certain Articles of Decree No. 04/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 planning, approval, and management of comprehensive socio-economic development planning.
3. Any previous provisions contrary to this Circular are hereby abolished.
Article 34. Transitional Provisions
1. Planning projects that have been approved for planning task outlines and budget estimates before the effective date of this Circular continue to be implemented according to previous guidelines.
2. Planning projects that have not been approved for planning task outlines and budget estimates at the time this Circular becomes effective shall be implemented according to the guidelines set forth in this Circular.
During implementation, if there are difficulties or obstacles, agencies and organizations are requested to report to the Ministry of Planning and Investment for study, amendment, and supplementation to ensure compliance./.
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