Circular No. 08/2019/TT-BKHĐT guides on standard rates for planning activities

CIRCULAR

Guidelines on standard rates for planning activities

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Pursuant to the Planning Law dated November 24, 2017;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

Article 1. Scope

Pursuant to Decree No. 37/2019/NĐ-CP dated May 7, 2019 of the Government detailing a number of articles of the Planning Law;

At the proposal of the Director of the Institute for Strategy and Development and the Director of the Department of Planning Management;

The Minister of Planning and Investment issues this Circular guiding standard rates for planning activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular details standard rates for planning activities using public investment funds pursuant to Point d Clause 3 Article 55 of the Planning Law.

Article 2. Standard rates for planning activities of special administrative-economic units shall be implemented in accordance with the laws on special administrative-economic units.

Article 3. Standard rates for urban planning and rural planning activities shall be implemented in accordance with the laws on urban planning and construction laws.

Article 4. Standard rates for technical and specialized planning activities specified in Appendix 2 of the Planning Law shall be implemented in accordance with relevant laws.

Article 5. Organizations and individuals conducting planning activities not within the scope regulated by this Circular may choose to apply the provisions of this Circular. In case of choosing to apply, organizations and individuals must comply with related provisions of this Circular.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals participating in the preparation, review, decision-making, approval, announcement, or adjustment of national-level planning, regional planning, provincial planning, and other related agencies, organizations, and individuals.

Article 3. Explanation of terms and abbreviations

1. Standard industry is the selected industry serving as a reference for establishing standard rates for the operation of social infrastructure network planning, defense and security infrastructure.

2. Standard region is the selected regional territory serving as a reference for establishing standard rates for regional planning activities. The parameters of the standard region are stipulated in Point 2 of Appendix I.

3. Standard province is the selected provincial territory serving as a reference for establishing standard rates for provincial planning activities. The parameters of the standard province are stipulated in Point 3 of Appendix I.

4. Standard planning component is the selected component serving as a reference for establishing standard rates for integrated components in planning, including industry planning components and territorial planning components.

5. Content proposal is the content determined in the planning assignment tasks to allocate relevant agencies and organizations to develop and incorporate into national industry planning and provincial planning.

6. Standard content proposal is the selected content serving as a reference for establishing standard rates for activities in developing content proposals.

7. Converted working days is the maximum number of working days of a consultant at the highest level in the consultant group required to complete a task.

8. Consultant level is divided into four levels as prescribed in Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, Invalids and Social Affairs and designated as: Level 1 Consultant (CG1), Level 2 Consultant (CG2), Level 3 Consultant (CG3), Level 4 Consultant (CG4).

Article 4. Principles for Applying Standards

Article 1. The standard rates prescribed in this Circular are the maximum rates for implementing the contents of work in planning preparation, review, decision-making, approval, announcement, and adjustment of planning.

Article 2. Standard rates for planning social infrastructure networks, defense and security infrastructure, regional planning, and provincial planning are determined based on the standard industry, standard region, and standard province, and adjusted according to the guidance provided in Appendix I of this Circular.

Article 3. Based on the requirements of the planning preparation assignment, if it is necessary to carry out basic investigation works, the applicable standard rates shall be applied in accordance with current laws, and submitted to the competent authority for decision.

Article 5. Standards for planning activities

Standards for planning activities are defined in two (02) stages:

1. Standards for the preparation, review, and approval of planning tasks include:

a) Direct activity standards;

b) Indirect activity standards.

2. Standards for planning activities including the establishment, review, decision-making or approval, announcement, and adjustment of plans include:

a) Direct activity standards;

b) Indirect activity standards;

c) Standards for establishing plan components and content proposals;

d) Standards for strategic environmental assessment activities.

Chapter II

STANDARDS FOR PLANNING ACTIVITIES

Article 6. Standards for direct activities

1. Standards for directly establishing the national master plan are stipulated in Appendix III of this Circular.

2. Standards for directly establishing the national marine space plan are stipulated in Appendix IV of this Circular.

3. Standards for directly establishing the national land use plan are stipulated in Appendix V of this Circular.

4. Standards for directly establishing the national sectoral plan are stipulated in Appendix VI of this Circular.

5. Standards for directly establishing the standard regional plan are stipulated in Appendix VII of this Circular.

6. Standards for directly establishing the standard provincial plan are stipulated in Appendix VIII of this Circular.

Article 7. Standards for indirect activities

1. Standards for indirect activities in the establishment, review, decision-making or approval, announcement of plans, and establishment of plan components are determined according to current laws, including:

a) Selection of consulting organizations;

b) Organization of conferences, seminars, roundtable discussions, consultations, and opinion solicitation;

c) Organization of reviews;

d) Decision-making or approval of plans;

đ) Announcement of plans;

e) Field surveys;

g) General management.

2. Standards for reviewing contents as stipulated in Article 32 of the Planning Law are specified in Appendix XI.

3. Detailed standards for each indirect activity are determined based on the necessary workload in the planning assignment.

Article 8. Standards for establishing plan components, building content proposals for inclusion in plans

1. Standards for establishing standard plan components in the national master plan, national marine space plan, and regional plan are stipulated in Appendix IX of this Circular.

2. Standards for building standard content proposals for inclusion in the national sectoral plan and provincial plan are stipulated in Appendix X of this Circular.

3. Guidelines for applying standards for establishing plan components are provided in Appendix II; guidelines for building content proposals for inclusion in plans are provided in Appendix I.

Article 9. Standards for strategic environmental assessment activities

Standards for strategic environmental assessment activities for plans that must undergo such assessments are carried out in accordance with environmental protection laws.

Article 10. Standards for plan adjustment activities

Standards for each plan adjustment activity for approved plans or those decided to be implemented are conducted according to the standards for new plan establishment activities.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Effective Date

1. This Circular shall take effect from July 1, 2019.

2. This Circular abolishes Circular No. 01/2012/TT-BKHĐT dated February 9, 2012, issued by the Minister of Planning and Investment guiding the determination of costs for the establishment, review, and announcement of the national socio-economic development master plan; sectoral and key product development plans.

Article 12. Implementation Organization

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and related organizations and individuals are responsible for implementing this Circular.

2. In cases where legal documents serving as bases or references in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented legal documents or the replacing documents.

3. During the implementation process, if there are difficulties, obstacles, or emerging issues, agencies, organizations, or individuals are requested to report in writing to the Ministry of Planning and Investment for guidance./.