Law on Planning No. 21/2017/QH14

LAW
PLANNING

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Planning Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the establishment, examination, decision or approval, publication, implementation, evaluation, and adjustment of planning within the national planning system; the responsibility for state management of planning.

Article 2. Applicability

This Law applies to agencies, organizations, and individuals participating in the establishment, examination, decision or approval, publication, implementation, evaluation, and adjustment of planning within the national planning system, and other agencies, organizations, and individuals related thereto.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Planningis the arrangement and distribution of spatial activities for economic and social development, defense, and security, linked with infrastructure development, resource utilization, and environmental protection on defined territory to effectively utilize national resources for sustainable development goals during a specified period.

2. National Master Planningis a national-level planning with strategic orientation towards regional zoning and inter-regional linkage including land, islands, archipelagos, maritime and airspace; urban and rural systems; infrastructure; resource utilization and environmental protection; disaster prevention and mitigation, climate change response, ensuring defense, security, and international integration.

3. National Marine Space Planningis a national-level planning that details the national master plan regarding functional zoning and rational spatial arrangement of sectors and fields on coastal lands, islands, archipelagos, maritime and airspace under the sovereignty, sovereign rights, and jurisdiction of Vietnam.

4. National Land Use Planningis a national-level planning that details the national master plan concerning land allocation and zoning for sectors, fields, and localities based on land potential.

5. National Sectoral Planningis a national-level planning that details the national master plan by sector based on connecting sectors and regions related to infrastructure, resource utilization, environmental protection, and biodiversity conservation.

6. Regionis a part of the national territory comprising several adjacent provinces or centrally-administered cities associated with certain river basins or sharing similar natural conditions, socio-economic factors, history, population, infrastructure, and interactive relationships creating sustainable linkages among them.

7. Regional Planningis detailed planning at the regional level reflecting the national master plan concerning spatial activities for economic and social development, defense, and security; urban systems and rural population distribution; multi-provincial region construction; infrastructure; river basin water sources; resource utilization and environmental protection based on connecting provinces.

8. Provincial Planningis detailed planning at the provincial level reflecting the national master plan and regional planning concerning spatial activities for economic and social development, defense, and security; urban systems and rural population distribution; infrastructure; land distribution; resource utilization and environmental protection based on connecting national-level, regional, urban, and rural planning.

9. Technical and Specialized Planningis detailed planning at the national, regional, or provincial levels. Technical and specialized planning includes the types of planning specified in Appendix 2 of this Law.

10. Integrated Planningis an approach combining and coordinating synchronously between sectors and fields related to infrastructure, resource utilization, and environmental protection in establishing planning within a defined territorial scope to achieve balanced, harmonious, effective, and sustainable development goals.

11. Planning Activitiesinclude organizing the establishment, examination, decision or approval, publication, implementation, evaluation, and adjustment of planning.

12. Planning Establishment Agencyis an agency or organization assigned by the Government, Prime Minister, Ministries, ministerial-level agencies, or provincial People's Committees to be responsible for establishing planning within the national planning system.

13. Planning Databaseis a collection of information reflecting the basic content of planning built, updated, and maintained for management, exploitation, and use through electronic means.

14. Planning Diagrams and Mapsare drawings representing the content of planning.

Article 4. Basic Principles in Planning Activities

1. In accordance with this Law, other relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party.

2. Ensuring consistency and synchronization between planning and national economic and social development strategies and plans, combining sectoral management with territorial management; ensuring national defense and security; protecting the environment.

3. Ensuring compliance, continuity, inheritance, stability, and hierarchy within the national planning system.

4. Ensuring people's participation, involvement of agencies, organizations, communities, and individuals; ensuring harmony among national interests, regional interests, local interests, and individual interests, with national interests being paramount; ensuring gender equality.

5. Ensuring scientific rigor, application of modern technology, connectivity, forecasting, feasibility, cost-effectiveness, and efficient use of national resources; ensuring objectivity, transparency, conservation.

6. Ensuring independence between the planning agency and the Planning Review Board.

7. Ensuring adequate resources for planning implementation.

8. Ensuring unified state management over planning, reasonable delegation of authority among state agencies.

Article 5. National Planning System

1. National-level planning.

National-level planning includes overall national planning, marine space planning, national land use planning, and national sectoral planning.

2. Regional planning.

3. Provincial planning.

4. Special administrative-economic unit planning.

Special administrative-economic unit planning shall be prescribed by the National Assembly.

5. Urban planning, rural planning.

Article 6. Relationship Between Types of Planning

1. Overall national planning serves as the basis for marine space planning, national land use planning, national sectoral planning, regional planning, provincial planning, special administrative-economic unit planning, urban planning, and rural planning nationwide.

2. National sectoral planning must align with overall national planning, marine space planning, and national land use planning.

Where national sectoral planning conflicts with marine space planning, national land use planning, or where there are conflicts among national sectoral plans, adjustments must be made and implemented according to marine space planning, national land use planning, and overall national planning.

3. Regional planning must align with national-level planning; provincial planning must align with regional planning and national-level planning.

Where regional planning or provincial planning conflicts with national sectoral planning, adjustments must be made and implemented according to national sectoral planning and overall national planning.

Where regional planning conflicts with each other, or provincial planning conflicts with each other, adjustments must be made and implemented according to higher-level planning; where provincial planning conflicts with regional planning, adjustments must be made and implemented according to regional planning and national-level planning.

4. Urban planning and rural planning must align with national-level planning, regional planning, and provincial planning.

Article 7. Procedures for planning activities

1. Planning:

a) Preparing, reviewing, and approving planning tasks;

b) Organizing the planning process.

2. Reviewing the plan.

3. Deciding or approving the plan.

4. Announcing the plan.

5. Implementing the plan.

Article 8. Planning period

1. The planning period is the time frame determined as the basis for forecasting and calculating economic and social indicators for planning purposes.

2. The planning period for national system plans is ten years. The vision for national-level plans ranges from thirty to fifty years. The vision for regional and provincial plans ranges from twenty to thirty years.

Article 9. Costs for planning activities

1. Costs for preparing, reviewing, deciding or approving, announcing, and adjusting plans shall be funded from public investment capital according to the laws on public investment.

2. Costs for evaluating plans shall be funded from regular budget revenues according to the laws on state budget.

Article 10. State policies on planning activities

1. The State manages economic and social development and ensures national defense, security, environmental protection according to plans that have been decided or approved.

2. The State promulgates mechanisms and policies to encourage and mobilize resources to promote sustainable development in conjunction with environmental protection and climate change response according to plans that have been decided or approved.

3. The State promulgates mechanisms and policies to encourage organizations and individuals within Vietnam and foreign organizations and individuals to support resources for planning activities ensuring objectivity, transparency, and fairness.

4. The State promulgates mechanisms and policies to encourage and create favorable conditions for organizations and individuals of all economic sectors to participate in planning activities.

5. The State promulgates mechanisms and policies to strengthen international cooperation in planning activities.

Article 11. International cooperation in planning activities

1. International cooperation in planning activities aims to ensure that planning activities meet international integration requirements and comply with basic principles of planning activities stipulated in Article 4 of this Law.

2. Main international cooperation activities in planning include sharing experiences, applying new science and technology, training, and attracting human resources for planning activities.

3. International cooperation in planning activities must be consistent with Vietnam's foreign policy and principles of peace, cooperation, friendship, and common development based on respect for independence, sovereignty, territorial integrity, mutual benefit, and compliance with Vietnamese laws and relevant international treaties to which the Socialist Republic of Vietnam is a member.

Article 12. Rights and responsibilities of agencies, organizations, communities, and individuals in participating in opinions and supervising planning activities

1. Agencies, organizations, and communities have the right to participate in opinions and supervise planning activities; individuals have the right to participate in opinions about planning activities.

2. Agencies, organizations, and individuals whose opinions are sought are responsible for responding within the required timeframe.

3. Agencies assigned the responsibility to organize planning, review, decide or approve, implement, and adjust plans must create conditions for agencies, organizations, and communities to participate in opinions and supervise planning activities; create conditions for individuals to participate in opinions about planning activities.

4. Opinions from agencies, organizations, communities, and individuals regarding planning activities must be studied, adopted, explained, and made public and transparent according to the provisions of the law.

Article 13. Prohibited Acts in Planning Activities

1. Establishing, reviewing, deciding, approving, or adjusting plans that are not in accordance with the provisions of this Law and related laws.

2. Establishing, reviewing, deciding, approving, or adjusting plans for specific goods, services, or products development, setting quantities or amounts of goods, services, or products to be produced or consumed.

3. Selecting consulting organizations or independent review organizations without the necessary qualifications or expertise suitable for the tasks assigned or contrary to the provisions of the law.

4. Obstructing the participation of opinions from agencies, organizations, communities, or individuals.

5. Failing to publish, publishing late, or publishing incomplete plans or refusing to provide information about plans, except in cases where the information belongs to state secrets; intentionally publishing incorrect plans; intentionally providing incorrect information about plans; destroying, falsifying, or distorting plan files, documents.

6. Implementing plans that have been decided or approved incorrectly.

7. Illegally interfering or obstructing planning activities.

Chapter II
ESTABLISHING PLANNING

Section 1

ORGANIZING THE ESTABLISHMENT OF PLANS

Article 14. Authority to Organize the Establishment of Plans

1. The Government organizes the establishment of national master plans, national marine space plans, and national land use plans.

2. The Prime Minister organizes the establishment of regional plans.

3. Ministries and ministerial-level agencies organize the establishment of national sectoral plans.

4. Provincial People's Committees organize the establishment of provincial plans.

Article 15. Tasks of Plan Establishment

1. The tasks of plan establishment include the following main contents:

a) Basis for establishing plans;

b) Requirements regarding the content and methods of establishing plans;

c) Costs of establishing plans;

d) Time limit for establishing plans;

đ) Responsibilities of relevant agencies in organizing the establishment of plans.

2. The authority to organize the review and approval of plan establishment tasks is stipulated as follows:

a) The Government organizes the review and approval of tasks for establishing national master plans, national marine space plans, and national land use plans;

b) The Prime Minister organizes the review and approval of tasks for establishing national sectoral plans, regional plans, and provincial plans.

3. The Government shall provide detailed regulations on this Article.

Article 16. Procedures for Establishing Plans

1. The procedures for establishing national master plans, national marine space plans, and national land use plans are carried out as follows:

a) The agency responsible for establishing plans takes the lead and coordinates with ministries, ministerial-level agencies, and related localities to develop the plan establishment tasks to be submitted to the Government for approval;

b) The agency responsible for establishing plans selects consulting organizations to establish plans; leads and coordinates with ministries, ministerial-level agencies, and related localities to study and develop plans; analyzes, evaluates, and forecasts factors, conditions, resources, development contexts, assesses the current economic and social development of the country, proposes guiding viewpoints and goals, and prioritized development directions as the basis for establishing plans;

c) Ministries, ministerial-level agencies, and related localities select consulting organizations to develop the plan contents assigned to them and organize the review of these contents before submitting them to the agency responsible for establishing plans;

d) The agency responsible for establishing plans leads and coordinates with ministries, ministerial-level agencies, and related localities to consider and resolve inter-sectoral, inter-regional, and inter-provincial issues to ensure the consistency, synchronization, and effectiveness of plans; propose adjustments and supplements to the plan contents developed by ministries, ministerial-level agencies, and related localities;

đ) Ministries, ministerial-level agencies, and related localities adjust, supplement, and complete the plan contents assigned to them and submit them to the agency responsible for establishing plans;

e) The agency responsible for establishing plans completes the plans and seeks opinions according to the provisions of Article 19 of this Law;

g) The agency responsible for establishing plans incorporates and explains opinions and completes the plans to be submitted to the Plan Review Board;

h) The agency responsible for establishing plans completes the plans according to the conclusions of the Plan Review Board and reports to the Government for consideration and submission to the National Assembly for decision.

2. The procedures for establishing national sectoral plans are carried out as follows:

a) The agency responsible for organizing the establishment of plans leads and coordinates with related ministries and ministerial-level agencies to develop the plan establishment tasks to be submitted to the Prime Minister for approval;

b) The agency responsible for establishing plans selects consulting organizations to establish plans; develops plans and seeks opinions according to the provisions of Article 19 of this Law;

c) The agency responsible for establishing plans incorporates and explains opinions and completes the plans to be submitted to the Plan Review Board;

d) The agency responsible for establishing plans completes the plans according to the conclusions of the Plan Review Board and reports to the Minister for consideration and submission to the Prime Minister for approval.

3. The procedures for establishing regional plans are carried out as follows:

a) The agency responsible for establishing plans leads and coordinates with ministries, ministerial-level agencies, and related localities to develop the plan establishment tasks to be submitted to the Prime Minister for approval;

b) The agency responsible for establishing plans selects consulting organizations to establish plans; leads and coordinates with ministries, ministerial-level agencies, and related localities to study and develop plans; analyzes, evaluates, and forecasts factors, conditions, resources, development contexts, assesses the current economic and social development of the region, proposes guiding viewpoints and goals, and prioritized development directions as the basis for establishing plans;

c) Ministries, ministerial-level agencies, and related localities select consulting organizations to develop the plan contents assigned to them and organize the review of these contents before submitting them to the agency responsible for establishing plans;

d) The agency responsible for establishing plans leads and coordinates with ministries, ministerial-level agencies, and related localities to consider and resolve inter-regional and inter-provincial issues to ensure the consistency, synchronization, and effectiveness of plans; proposes adjustments and supplements to the plan contents developed by ministries, ministerial-level agencies, and related localities;

đ) Ministries, ministerial-level agencies, and related localities adjust, supplement, and complete the plan contents assigned to them and submit them to the agency responsible for establishing plans;

e) The agency responsible for establishing plans completes the plans and seeks opinions according to the provisions of Article 19 of this Law;

g) The agency responsible for establishing plans incorporates and explains opinions and completes the plans to be submitted to the Plan Review Board;

h) The agency responsible for establishing plans completes the plans according to the conclusions of the Plan Review Board and submits them to the Prime Minister for approval.

4. The procedures for establishing provincial plans are carried out as follows:

a) The planning agency shall take the lead and coordinate with relevant agencies, organizations, and the People's Committee at the district level to develop the planning task, report to the People's Committee at the provincial level for consideration and submit to the Prime Minister for approval;

b) The planning agency shall select consulting organizations for planning; take the lead and coordinate with relevant agencies, organizations, and the People's Committee at the district level to study and develop the plan; analyze, evaluate, and forecast factors, conditions, resources, development context, assess the current socio-economic development status of the locality, propose guiding viewpoints and goals, priority directions for development as the basis for planning;

c) Relevant agencies, organizations, and the People's Committee at the district level shall propose contents to be included in the plan within their areas of responsibility and send them to the planning agency;

d) The planning agency shall take the lead and coordinate with relevant agencies, organizations, and the People's Committee at the district level to consider and handle inter-sectoral and inter-district issues to ensure the consistency, synchronization, and effectiveness of the plan; propose adjustments and supplements to the plan content developed by relevant agencies, organizations, and the People's Committee at the district level;

đ) Relevant agencies, organizations, and the People's Committee at the district level shall adjust, supplement, and complete the assigned plan content and send it to the planning agency;

e) The agency responsible for establishing plans completes the plans and seeks opinions according to the provisions of Article 19 of this Law;

g) The planning agency shall incorporate feedback, explain opinions, and perfect the plan for submission to the Planning Approval Council;

h) The planning agency shall perfect the plan according to the conclusions of the Planning Approval Council and submit it to the People's Committee at the provincial level;

i) The People's Committee at the provincial level shall submit the plan for consideration and approval by the People's Council at the provincial level and then submit it to the Prime Minister for approval;

Article 17. Consulting Organizations for Planning

1. The planning agency, Ministries, ministerial-level agencies, and localities assigned must select consulting organizations for planning in accordance with the provisions of the law on bidding.

2. Consulting organizations for planning must have legal personality and must meet the conditions regarding professional capacity suitable for the tasks they undertake as prescribed by the Government.

Article 18. Strategic Environmental Assessment in Planning

1. The planning agency has the responsibility to organize the preparation of strategic environmental assessment reports in accordance with the provisions of the law on environmental protection.

2. Strategic environmental assessment reports must be prepared and reviewed simultaneously with the planning and review processes.

3. The content of strategic environmental assessment reports for plans shall be implemented in accordance with the provisions of the law on environmental protection.

Article 19. Soliciting Opinions on Plans

1. The planning agency has the responsibility to solicit opinions from Ministries, ministerial-level agencies, and People's Committees at all levels of the locality concerned and other agencies, organizations, communities, and individuals related to the plan, except for national sectoral plans which shall be solicited by the organization responsible for planning. For regional plans and provincial plans, the planning agency must solicit opinions from the People's Committees of adjacent provinces.

2. Soliciting opinions from agencies, organizations, and individuals shall be conducted through sending documents and posting on the electronic information website of the planning agency. Agencies and organizations solicited have the responsibility to respond in writing.

3. Soliciting community opinions on plans shall be conducted through posting on the electronic information website of the planning agency, public posting, display at public places, distributing survey questionnaires, organizing meetings, seminars, and other forms as prescribed by the law on democratic practices in communes, wards, and towns.

4. Submitted opinions must be studied, incorporated, explained, and reported to the competent authority for consideration before reviewing, deciding, or approving the plan. The planning agency has the responsibility to publish and disclose submitted opinions and the incorporation and explanation of those opinions.

5. The Government shall provide detailed regulations on soliciting opinions for each type of plan.

Section 2

CONTENT OF THE PLAN

Article 20. Basis for planning

1. National economic and social development strategies, industry and sector development strategies during the same development phase.

2. Higher-level plans.

3. Previous period plans.

Article 21. Requirements for planning content

1. Ensuring requirements for planning and development across the entire national territory, aiming towards sustainable development goals linked to environmental protection, disaster prevention and response, and climate change adaptation; rational and efficient allocation, exploitation, and utilization of natural resources, and preservation of historical-cultural relics, cultural heritage, and natural heritage for current and future generations.

2. The spatial distribution during the planning process must ensure consistency between infrastructure structure, land allocation, and environmental protection, as well as ecosystem services.

3. Ensuring connectivity, synchronization, and system integration among industries and regions nationwide, among localities within regions, maximizing the use of existing infrastructure structures; fully leveraging the potential and advantages of each region and locality, tied with social progress and equity, ensuring social welfare and national defense and security.

4. Ensuring balance among socio-economic factors, national defense, security, and environmental protection during the planning process.

5. Minimizing negative impacts caused by socio-economic activities and the environment on livelihoods, elderly people, persons with disabilities, ethnic minorities, women, and children. The planning process must be integrated with other policies promoting development in difficult areas, particularly difficult areas, and ensuring sustainable livelihoods for people in these areas.

6. Ensuring harmonious combination between state interests and community interests; between interests of different regions and localities.

7. Ensuring participation rights of agencies, organizations, communities, and individuals in the planning process.

8. Ensuring scientific rigor and application of modern technology in the planning process; meeting standards, technical regulations, and being consistent with national development and international integration requirements.

9. The content of each type of plan must be consistent, interconnected, and reflected through planning reports and planning-related diagrams, maps, and databases.

Article 22. Content of the National Master Plan

1. The content of the National Master Plan determines the distribution and organization of space for national and international socio-economic activities, national defense, security, and environmental protection, including mainland, islands, archipelagos, maritime zones, and airspace.

2. The National Master Plan includes the following main contents:

a) Analysis and assessment of natural conditions, current national development status, domestic and international development trends, major development policies and directions, related plans and programs, development resources; trends in science and technology development; national military and security areas; conservation areas; areas requiring preservation, restoration, and recovery of historical-cultural relics and scenic spots; objects already inventoried as relics; restricted exploitation and usage areas and encouraged development areas as prescribed by relevant laws;

b) Determining development viewpoints and objectives;

c) Forecasting development trends and scenarios;

d) Spatial development orientation for socio-economic activities;

đ) Spatial development orientation for the sea;

e) National land use orientation;

g) Airspace exploitation and use orientation;

h) Regional zoning and linkage orientation;

i) National urban and rural development orientation;

k) National social infrastructure development orientation;

l) National technical infrastructure development orientation;

m) Resource use, environmental protection, disaster prevention and response, and climate change adaptation orientation;

n) List of important national projects and their priority order for implementation;

o) Implementation solutions and resources for the plan.

3. The Government shall provide detailed regulations on the content of the National Master Plan as stipulated in Clause 2 of this Article; regulations on integrating plans into the National Master Plan.

The establishment, review, approval, and adjustment of technical and specialized plans to implement the provisions of Clause 2 of this Article shall be carried out in accordance with relevant laws.

Article 23. Contents of the National Marine Space Planning

1. The contents of the National Marine Space Planning determine the functional zoning, arrangement, allocation, and organization of space for various industries and sectors on coastal land, islands, archipelagos, maritime areas, and airspace under the sovereignty, sovereign rights, and jurisdiction of Vietnam.

2. The National Marine Space Planning includes the following main contents:

a) Analysis and assessment of natural factors, resources, direct influencing contexts, and current spatial usage of activities on coastal land, islands, archipelagos, maritime areas, and airspace under the sovereignty, sovereign rights, and jurisdiction of Vietnam.

b) Determination of prohibited exploitation zones, conditional exploitation zones, encouraged development areas, and special protection zones for national defense, security, environmental protection, and ecosystem conservation purposes within coastal land, islands, archipelagos, maritime areas, and airspace under the sovereignty, sovereign rights, and jurisdiction of Vietnam.

c) Forecasting trends in resource and environmental changes, impacts of climate change on resources and environment; demands for resource exploitation and usage, and environmental protection requirements within coastal land, islands, archipelagos, maritime areas, and airspace under the sovereignty, sovereign rights, and jurisdiction of Vietnam during the planning period.

d) Forecasting context and development scenarios; evaluation of opportunities and challenges for marine space utilization activities.

đ) Determination of development viewpoints and objectives.

e) Orientation for the spatial arrangement of activities within coastal land, islands, archipelagos, maritime areas, and airspace under the sovereignty, sovereign rights, and jurisdiction of Vietnam.

g) Zoning of coastal land, islands, archipelagos, maritime areas, and airspace under the sovereignty, sovereign rights, and jurisdiction of Vietnam.

h) Implementation solutions and resources for the planning.

i) List of important national projects and their priority order for implementation.

3. The Government shall provide detailed regulations on the contents of the National Marine Space Planning as stipulated in Clause 2 of this Article; and specify the integration of planning into the National Marine Space Planning.

The establishment, review, approval, and adjustment of technical and specialized plans to implement the provisions of Clause 2 of this Article shall be carried out in accordance with relevant laws.

Article 24. Contents of the National Land Use Planning

1. The contents of the National Land Use Planning determine the allocation and organization of land space for economic and social development, national defense, security, environmental protection, disaster prevention and response, and adaptation to climate change based on land potential and land usage needs of cross-regional and cross-provincial sectors.

a) Analysis and assessment of natural factors, resources, direct influencing contexts, and current land usage status of various sectors.

b) Forecasting trends in land usage changes.

c) Determination of land usage viewpoints and objectives for the new period.

d) Orientation for the allocation of agricultural land space and land use indicators.

đ) Orientation for the allocation of non-agricultural land space and land use indicators.

e) Identification of unused land space.

g) Implementation solutions and resources for the planning.

3. The Government shall provide detailed regulations on the contents of the National Land Use Planning as stipulated in Clause 2 of this Article.

Article 25. Content of National Industry Planning

1. The content of national industry planning determines the direction of development, spatial distribution, and organization of resources for inter-sectoral, inter-regional, and inter-provincial industries.

2. The list of national industry plans is specified in Appendix 1 of this Law.

Based on economic and social conditions and management requirements at each period, the Government reviews the list of national industry plans and submits it to the Standing Committee of the National Assembly for consideration and decision on amendments and supplements.

3. The national infrastructure planning includes the following main contents:

a) Analysis and assessment of natural factors, resource conditions, context, and current distribution and use of space in the national infrastructure sector;

b) Forecasting trends in development and scenarios directly impacting the national infrastructure during the planning period;

c) Assessment of inter-industry and inter-regional linkages; determination of the requirements for economic and social development of the sector; opportunities and challenges for the development of the national infrastructure sector;

d) Determination of viewpoints and development goals for the national infrastructure sector;

đ) Development plan for the national infrastructure sector across the country and regions;

e) Guidelines for land use for the development of the national infrastructure sector and environmental protection activities, climate change response, and conservation of ecology, landscapes, and nationally ranked heritage sites;

g) List of important national projects and priority investment projects in the national infrastructure sector and their implementation priorities;

h) Solutions and resources for implementing the planning.

a) Analysis and assessment of natural conditions, investigation, survey, and exploration of current resource extraction and use;

b) Evaluation of the impact of resource extraction and use;

c) Analysis and assessment of policies and directions for economic and social development related to resource extraction and use, environmental protection, and relevant plans;

d) Forecasting scientific and technological progress and economic and social development affecting resource protection, extraction, and use during the planning period;

đ) Viewpoints and goals for resource extraction and use to serve economic and social development;

e) Determination of restricted, prohibited, and encouraged areas for resource extraction and use;

g) Guidelines for environmental protection, disaster prevention, and climate change response;

h) Solutions and resources for implementing the planning.

5. The national environmental protection planning includes the following main contents:

a) Assessment of current environmental quality, landscape, biodiversity, waste generation, climate change impacts, and environmental management and protection;

b) Viewpoints, goals, tasks, and solutions for environmental protection;

c) Environmental zoning; nature conservation and biodiversity; waste management; environmental monitoring and warning;

d) List of important national projects and priority investment projects for environmental protection and their implementation priorities;

đ) Solutions and resources for implementing the planning.

6. The national biodiversity conservation planning includes the following main contents:

a) Assessment of current biodiversity status, trends, and management and conservation;

b) Viewpoints, goals, tasks, and solutions for biodiversity conservation;

c) High biodiversity areas; important ecological landscapes; nature reserves; biodiversity corridors; biodiversity conservation facilities;

d) List of important national projects and priority investment projects for biodiversity conservation and their implementation priorities;

đ) Solutions and resources for implementing the planning.

The establishment, review, approval, and adjustment of technical and specialized planning to implement the provisions set out in Clauses 3, 4, 5, and 6 of this Article shall be carried out in accordance with relevant laws.

Article 26. Content of Regional Planning

1. The content of regional planning determines the direction of development, spatial arrangement, and allocation of resources for economic and social activities, national defense, security, environmental protection with inter-sectoral, inter-regional, and inter-provincial characteristics.

2. Regional planning includes the following main contents:

a) Analysis and evaluation of the current status of natural factors and specific resources of the region;

b) Views, goals for regional development;

c) Directions for developing advantageous industries in the region; plans for developing, arranging, selecting, and distributing resources for development within the region's territory;

d) Directions for construction, including determining urban and rural systems; economic zones; industrial parks, export processing zones, high-tech zones; tourist areas; research and training zones; sports and recreation zones; conservation zones; areas requiring preservation, restoration, and recovery of historical-cultural relics and scenic spots that have been inventoried; concentrated production areas;

e) Directions for infrastructure development;

f) Directions for environmental protection, exploitation, and protection of water resources in river basins, disaster prevention and response to climate change within the region's territory;

g) List of projects and their priority order for implementation;

h) Solutions and resources for implementing the planning.

3. The Government shall provide detailed regulations on the content of regional planning as stipulated in Clause 2 of this Article; and regulations on integrating planning into regional planning.

The establishment, review, approval, and adjustment of technical and specialized plans to implement the provisions of Clause 2 of this Article shall be carried out in accordance with relevant laws.

Article 27. Content of Provincial Planning

1. The content of provincial planning reflects national-level projects determined at the national level planning; regional and inter-provincial projects determined at the regional planning; directions for development, spatial arrangement, and resource allocation for economic and social activities, national defense, security, and environmental protection at the provincial and inter-district levels; and directions for territorial layout at the district level.

2. Provincial planning includes the following main contents:

a) Analysis, evaluation, and forecasting of special development factors of the province; assessment of the current state of economic and social development, land use status, and the current state of urban and rural systems;

b) Views, goals, and selection of development options;

c) Directions for developing important industries within the territory; selection of organizational models for economic and social activities;

d) Plans for urban system planning, including national and regional cities already determined in regional planning within the territory; plans for developing the provincial capital city and other cities, towns, and townships within the territory; plans for developing industrial park systems; industrial parks, export processing zones, high-tech zones; tourist areas; research and training zones; sports and recreation zones; conservation zones; areas requiring preservation, restoration, and recovery of historical-cultural relics and scenic spots already determined in national and regional planning within the territory; plans for developing industrial clusters; plans for organizing rural territories, developing concentrated agricultural production areas; plans for distributing residential points; determination of military and security areas; plans for developing difficult and particularly difficult areas, areas with driving roles;

e) Plans for developing transportation networks, including expressway, national highway, railway networks; inland waterways and maritime routes; seaports, international and national airports; provincial and inter-provincial road networks already determined in national and regional planning within the territory; provincial road networks;

f) Plans for developing power grid networks, including power supply facilities and transmission networks already determined in national and regional planning within the territory; transmission and distribution networks;

g) Plans for developing telecommunications networks, including international, national, and inter-provincial telecommunications lines already determined in national and regional planning within the territory; plans for developing passive telecommunications infrastructure; important telecommunications facilities related to national security and provincial telecommunications facilities;

h) Plans for developing irrigation and water supply networks, including regional and inter-provincial irrigation and water supply networks already determined in national and regional planning within the territory; inter-district irrigation and water supply networks;

i) Plans for developing waste treatment zones, including regional and inter-provincial hazardous waste treatment zones already determined in national and regional planning within the territory; inter-district waste treatment zones;

j) Plans for developing social infrastructure, including national, regional, and inter-provincial social infrastructure projects already determined in national and regional planning within the territory; cultural, sports, tourism, trade center, exhibition hall, and other provincial social infrastructure facilities;

l) Plans for multi-district and district area construction;

m) Plans for environmental protection, resource utilization, biodiversity conservation, disaster prevention, and response to climate change within the territory;

n) List of provincial projects and their priority order for implementation;

o) Solutions and resources for implementing planning.

3. The Government shall provide detailed regulations on the content of provincial planning as stipulated in Clause 2 of this Article; and regulations on integrating planning into provincial planning.

The establishment, review, approval, and adjustment of technical and specialized plans to implement the provisions of Clause 2 of this Article shall be carried out in accordance with relevant laws.

Article 28. Content of urban planning and rural planning

The content of urban planning and rural planning, as well as the establishment, review, approval, implementation, and adjustment of urban planning and rural planning shall be carried out in accordance with the laws on urban planning and construction laws.

The publication and disclosure of urban planning and rural planning shall be implemented in accordance with this Law, laws on urban planning, and construction laws.

Chapter III
REVIEW, DECISION OR APPROVAL, ANNOUNCEMENT AND PROVISION OF PLANNING INFORMATION

Section 1

REVIEW OF PLANNING

Article 29. Authority to establish the Planning Review Board

1. The Prime Minister shall establish the Planning Review Board to review national-level and regional planning.

2. The Ministry of Planning and Investment shall establish the Planning Review Board to review provincial planning.

Article 30. Planning Review Board

1. The members of the national-level and regional Planning Review Board include the Chairman and other members of the Board. The Chairman of the Planning Review Board is the Prime Minister or Deputy Prime Minister. Members of the Planning Review Board include representatives from Ministries, agencies at the level of ministries, localities, and other organizations and individuals. The permanent office of the Planning Review Board shall be determined by the Chairman of the Planning Review Board.

2. The members of the provincial Planning Review Board include the Chairman and other members of the Board. The Chairman of the Planning Review Board is the Minister of Planning and Investment. Members of the Planning Review Board include representatives from Ministries, agencies at the level of ministries, localities, and other organizations and individuals. The permanent office of the Planning Review Board shall be determined by the Chairman of the Planning Review Board.

3. The Planning Review Board operates under a collective responsibility system and is responsible for reviewing planning according to assigned tasks. The permanent office of the Planning Review Board shall organize the collection of opinions from experts, social-professional organizations, and other related organizations before submitting them to the Planning Review Board.

In cases where necessary, the Planning Review Board may select independent advisory reviews. Independent advisory reviews must meet the conditions regarding professional capacity suitable for the work undertaken in accordance with relevant laws and regulations and government provisions.

4. The Government shall provide detailed regulations on this matter.

Article 31. Documents for submission to the Planning Review Board

1. The documents for submission to the Planning Review Board include the following main materials:

a) Memorandum;

b) Planning report;

c) Draft decision or approval document for planning;

d) Report summarizing comments from agencies, organizations, communities, and individuals on the planning; copies of comments from Ministries, agencies at the level of ministries, and related localities; reports explaining and incorporating comments on the planning;

đ) Strategic environmental assessment report;

e) System of planning diagrams, maps, and data.

2. The Planning Review Board will only organize the review when it receives all the documents specified in Clause 1 of this Article. In cases where necessary, the Planning Review Board has the right to request the agency submitting the planning for review to provide additional information and explanations on related contents.

Article 32. Content of Planning Review

The content of planning review focuses on the following issues:

1. Compliance with approved planning tasks;

2. Adherence to the planning preparation procedures stipulated in Article 16 of this Law;

3. Integration of planning contents assigned to related Ministries, agencies at the level of ministries, and localities;

4. Compliance with the provisions set forth in Section 2 Chapter II of this Law.

Article 33. Report on the Review of Planning

1. The report on the review of national master planning, national marine space planning, and national land use planning must clearly reflect the opinions of the Planning Review Council regarding the content of the planning review as stipulated in Article 32 of this Law and conclusions on whether the planning meets the conditions or does not meet the conditions to be submitted to the National Assembly for decision.

2. The report on the review of national sectoral planning, regional planning, and provincial planning must clearly reflect the opinions of the Planning Review Council regarding the content of the planning review as stipulated in Article 32 of this Law and conclusions on whether the planning meets the conditions or does not meet the conditions to be submitted to the Prime Minister for approval.

3. The report on the review of national master planning, national marine space planning, national land use planning, regional planning, and accompanying documents must be sent to the planning authority no later than 15 days from the end date of the review. The planning authority is responsible for studying, explaining, and incorporating the review opinions to revise and complete the dossier for submission for decision or approval of the planning.

The report on the review of national sectoral planning, provincial planning, and accompanying documents must be sent to the organizing planning authority no later than 15 days from the end date of the review. The organizing planning authority is responsible for directing the planning authority to study, explain, and incorporate the review opinions to revise and complete the dossier for approval of the planning.

In case the conclusion is that the planning does not meet the conditions for submission for decision or approval, the Planning Review Council shall return the dossier to the authority submitting the planning for review and specify the reasons.

Section 2

DECISION OR APPROVAL OF PLANNING

Article 34. Authority to Decide or Approve Planning

1. The National Assembly decides on national master planning, national marine space planning, and national land use planning.

2. The Prime Minister approves national sectoral planning, regional planning, and provincial planning.

For the planning of the capital city, the Prime Minister approves it after obtaining the opinion of the National Assembly.

Article 35. Dossier for Decision or Approval of Planning

The dossier for decision or approval of planning includes the following main documents:

1. Petition;

2. Planning report;

3. Draft decision or approval document for planning;

4. Report summarizing comments from agencies, organizations, communities, and individuals on the planning; copies of comments from Ministries, ministerial-level agencies, and related localities; reports explaining and incorporating comments on the planning;

5. Strategic environmental assessment report;

6. Report on the review of planning; copies of opinions from experts, professional associations, and other related organizations; independent consultant's critique report (if any);

7. Report explaining and incorporating review opinions;

8. System of planning diagrams, maps, and data.

Article 36. Procedure and Formalities for Deciding National Master Planning, National Marine Space Planning, and National Land Use Planning

1. At least 60 days before the opening day of the National Assembly session, the Government sends the dossier for decision on planning to the National Assembly agency for review.

2. The reviewing agency has the right to request the Government and related agencies, organizations, and individuals to report on issues within the scope of the planning. Agencies, organizations, and individuals requested have the responsibility to provide full information and documents to serve the review.

3. The focus of the review is on the following issues:

a) The consistency of the planning content with the Party's guidelines and policies; constitutionality and legality; consistency within the planning system; compatibility with international treaties to which the Socialist Republic of Vietnam is a party;

b) The consistency of the planning with the provisions of Section 2 Chapter II of this Law;

c) The feasibility of the planning and the conditions ensuring human resources and financial resources for implementing the planning.

4. The National Assembly examines and adopts a resolution on national master planning, national marine space planning, and national land use planning.

Article 37. Content of the Decision or Approval of the Plan

The content of the decision or approval of the plan includes the main provisions stipulated in Clause 2 of Article 22, Clause 2 of Article 23, Clause 2 of Article 24, Clauses 3, 4, 5, and 6 of Article 25, Clause 2 of Article 26, and Clause 2 of Article 27 of this Law, corresponding to each type of plan.

Section 3

ANNOUNCEMENT AND PROVISION OF PLAN INFORMATION

Article 38. Announcement of the Plan

1. Within the latest fifteen days from the date the competent authority decides or approves the plan, all contents of the plan must be publicly announced, except for those contents related to state secrets as prescribed by laws on the protection of state secrets.

2. The plan shall be announced in the form prescribed in Article 40 of this Law.

Article 39. Responsibility for Organizing the Announcement of the Plan

1. The Ministry of Planning and Investment organizes the announcement of the national overall plan and regional plans.

2. The Ministry of Natural Resources and Environment organizes the announcement of the national marine space plan and the national land use plan.

3. Ministries and ministerial-level agencies organize the announcement of national sectoral plans within their organizational jurisdiction.

4. Provincial People's Committees organize the announcement of provincial plans.

Article 40. Forms of Announcing the Plan

1. The plan must be regularly posted continuously on the electronic information website of the agency organizing the preparation of the plan and the agency preparing the plan.

2. In addition to implementing the provisions of Clause 1 of this Article, the plan may also be announced through the following forms:

a) Information on mass media;

b) Displaying models, system diagrams, maps, and planning database systems;

c) Organizing conferences and seminars;

d) Publishing publications.

3. The Government shall provide detailed regulations on clause 2 of this Article.

Article 41. National System of Information and Database on Plans

1. The national system of information and database on plans is built and operated uniformly throughout the country to serve planning activities.

The national system of information and database on plans includes planning files, data on natural conditions, socio-economic conditions, environment, climate change, defense, and security, linked with the standardized and regularly updated national geographic database system.

2. Responsibilities for building the national system of information and database on plans are as follows:

a) The Ministry of Planning and Investment organizes the construction, management, and exploitation of the national system of information and database on plans;

b) The Ministry of Natural Resources and Environment provides the standardized and regularly updated national geographic database to create the framework data for the national system of information and database on plans;

c) Ministries and ministerial-level agencies provide relevant data within their management scope to update the national system of information and database on plans;

d) Provincial People's Committees provide relevant data within their local management scope to update the national system of information and database on plans.

3. The Government shall provide detailed regulations on this Article.

Article 42. Provision of Plan Information to Agencies, Organizations, and Individuals

1. Information about plans that have been decided or approved must be fully, promptly, and accurately provided to agencies, organizations, and individuals upon request, except for contents related to state secrets as prescribed by laws on the protection of state secrets.

2. The Ministry of Planning and Investment is responsible for providing information about national plans, regional plans, and provincial plans.

3. The Ministry of Natural Resources and Environment is responsible for providing information about the national land use plan and the national marine space plan.

4. Ministries and ministerial-level agencies are responsible for providing information about national sectoral plans within their organizational jurisdiction.

5. Provincial People's Committees are responsible for providing information about provincial plans.

Article 43. Forms of Providing Planning Information

1. By written document or direct information upon request of agencies, organizations, or individuals.

2. Posting on electronic information websites and mass media in accordance with Article 40 of this Law.

3. Providing publications on planning.

Article 44. Archiving Planning Files

1. Planning files to be archived include:

a) Files for review of planning as stipulated in Article 31 of this Law;

b) Files for decision-making or approval of planning as stipulated in Article 35 of this Law;

c) Review reports on planning for national master plans, national marine space plans, and national land use plans;

d) Decision-making or approval documents on planning.

6. The procedure for the Standing Committee of the National Assembly to consider the draft legislative direction proposal for the National Assembly's term shall be carried out in accordance with the provisions of Article 23 of this Regulation."

2. The archiving of planning files shall be carried out in accordance with laws on archiving.

Chapter IV
IMPLEMENTATION, EVALUATION, AND ADJUSTMENT OF PLANNING

Section 1

IMPLEMENTATION OF PLANNING

Article 45. Implementation Plan for Planning

1. The implementation plan for planning is issued after the planning has been decided or approved.

2. The implementation plan for planning includes the following main contents:

a) Public investment projects;

b) Investment projects using sources of capital other than public investment capital;

c) Land use plans;

d) Determination of resources and their utilization for implementing planning.

Article 46. Policies and Measures for Implementing Planning

Policies and measures for implementing planning are issued in accordance with the implementation plan for planning and include the following main contents:

1. Attracting investment for development according to the planning that has been decided or approved;

2. Developing human resources;

3. Developing science and technology;

4. Ensuring social welfare;

5. Protecting the environment;

6. Ensuring financial resources;

7. Ensuring national defense and security.

Article 47. Resources for Implementing Planning

1. Ministries and ministerial-level agencies within their respective functions and powers allocate or submit to competent authorities for allocation of resources to implement planning.

2. The Ministry of Planning and Investment takes the lead and coordinates with the Ministry of Finance to submit to competent authorities for allocation of capital for public investment projects in accordance with laws on public investment and state budget.

3. The Ministry of Natural Resources and Environment takes the lead and coordinates with ministries, ministerial-level agencies, and provincial People's Committees to submit to competent authorities for issuance of land use plans to implement national and regional planning.

4. Provincial People's Committees issue or submit to competent authorities for issuance of land use plans and allocation of resources to implement provincial planning.

Article 48. Reports on Planning Activities

1. Ministries, ministerial-level agencies, and provincial People's Committees send reports on planning activities to the Ministry of Planning and Investment before October 31 each year to compile reports to the Government before December 31 each year.

2. The Government is responsible for reporting to the National Assembly on planning activities every five years.

Section 2

EVALUATION OF IMPLEMENTATION OF PLANNING

Article 49. Responsibilities for Evaluating Implementation of Planning

1. Evaluation of implementation of planning is conducted regularly or urgently based on evaluation criteria prescribed by the Government.

2. Responsibilities for evaluating implementation of planning are defined as follows:

a) The Ministry of Planning and Investment evaluates the implementation of national master plans and regional planning;

b) The Ministry of Natural Resources and Environment evaluates the implementation of national marine space plans and national land use plans;

c) Ministries and ministerial-level agencies evaluate the implementation of national sectoral planning within their authority;

d) Provincial People's Committees evaluate the implementation of provincial planning.

3. Authorities evaluating the implementation of national master plans, national marine space plans, and national land use plans submit evaluation reports to the Government. In necessary cases, the Government reports to the National Assembly.

Authorities evaluating the implementation of national sectoral planning, regional planning, and provincial planning submit reports to the Prime Minister.

Article 50. Content of the Implementation Evaluation of the Plan

1. Summarize, analyze, and assess the situation and results of implementing the plan; evaluate the level of achievement compared to the plan or compared to the previous period's achievements.

2. Identify factors and causes affecting the implementation situation and results of the plan; propose solutions to enhance the effectiveness of planning activities during the current planning period and the subsequent planning period; recommend adjustments to the plan (if necessary).

Section 3

 ADJUSTMENT OF THE PLAN

Article 51. Principles for Adjusting the Plan

1. The competent authority that decides or approves the plan has the authority to decide or approve the adjustment of the plan.

2. The competent authority responsible for organizing the establishment of the plan shall be responsible for organizing the adjustment of the plan.

3. The adjustment of the plan shall not change the objectives of the plan, except in cases provided for in Clauses 1, 3, and 4 of Article 53 of this Law.

Article 52. Review of the Plan

1. The plan shall be reviewed periodically every five years to adjust it appropriately with the development of the economy and society in each stage.

2. The authority responsible for organizing the establishment of the plan shall be responsible for organizing the review of the plan.

3. The results of the plan review must be reported in writing to the competent authority that decides or approves the plan.

Article 53. Basis for Adjusting the Plan

The adjustment of the plan shall be carried out when there is one of the following bases:

1. There is an adjustment of the strategic goals for economic and social development, industry development strategies, or sectoral strategies that change the goals of the plan.

2. There is an adjustment of higher-level plans that change the content of the plan or conflict with plans at the same level.

3. There is a change or adjustment of administrative boundaries that affects the nature and spatial scale of the plan.

4. Due to the impact of natural disasters, climate change, or war, which changes the goals, orientation, and spatial organization of the plan.

5. Due to abnormal fluctuations in economic and social conditions that limit resources for implementing the plan.

6. Due to advancements in science and technology that fundamentally change the implementation of the plan.

7. Due to requirements for national defense and security.

Article 54. Procedures, Formalities, and Authority for Adjusting the Plan

1. The Government shall submit to the National Assembly for approval the policy on adjusting the national master plan, the national marine space plan, and the national land use plan.

Ministries and ministerial-level agencies shall submit to the Prime Minister for approval the policy on adjusting the national sectoral plan within their jurisdiction.

The Ministry of Planning and Investment shall submit to the Prime Minister for approval the policy on adjusting the regional plan.

Provincial People's Committees shall submit to the Prime Minister for approval the policy on adjusting the provincial plan.

2. The procedures, formalities for adjusting, announcing, and providing information on the adjusted plan shall be carried out similarly to those for establishing, reviewing, deciding, approving, announcing, and providing information on the plan as stipulated in Chapter II and Chapter III of this Law.

3. The authority responsible for organizing the establishment of the plan shall be responsible for updating and reflecting in the plan the contents that have been adjusted.

Chapter V
STATE MANAGEMENT OF PLANNING

Article 55. State Management Responsibilities for Planning by the Government, Ministries, and Equivalent Ministries

1. The Government shall uniformly manage state affairs concerning planning; issue plans, policies, solutions, and allocate resources to implement the national master plan, the national marine space plan, and the national land use plan.

2. The Prime Minister shall issue plans, policies, solutions, and allocate resources to implement the national sectoral plan, regional plan, and provincial plan.

3. The Ministry of Planning and Investment shall be the lead agency assisting the Government in managing state affairs concerning planning and shall have the following responsibilities and authorities:

a) Issue or submit to competent state agencies for issuance and implementation of legal normative documents on planning;

b) Submit to competent state agencies for issuance of plans, policies, solutions, and allocation of resources to implement the national master plan and regional plan;

c) Propose the Prime Minister to establish the National Master Plan and Regional Plan Review Council;

d) Guide ministries, equivalent ministries, and provincial People's Committees in drafting and implementing planning;

đ) Issue standards for planning activities;

e) Lead and coordinate with relevant agencies in international cooperation activities related to planning;

g) Lead and coordinate in organizing and managing training, capacity building, research, and application of science and technology in planning activities;

h) Coordinate with relevant agencies and organizations to disseminate and educate laws on planning.

4. Ministries and Equivalent Ministries, within their respective duties and authorities, shall be responsible for coordinating with the Ministry of Planning and Investment in managing state affairs concerning planning and shall have the following responsibilities and authorities:

a) Propose the Prime Minister to issue plans, policies, solutions, and allocate resources to implement the national sectoral plan; establish the National Sectoral Plan Review Council;

b) Implement the national sectoral plan; contents of the national master plan, national marine space plan, national land use plan, and regional plan according to their authority;

c) Inspect, audit, resolve complaints and denunciations, and handle violations of laws on planning;

d) Reward agencies, organizations, and individuals for outstanding achievements in planning activities.

5. The Ministry of Natural Resources and Environment shall have the responsibilities and authorities stipulated in Clause 4 of this Article and the following responsibilities and authorities:

a) Lead and coordinate with ministries, equivalent ministries, and provincial People's Committees to submit to competent authorities for decision or approval of land use plans to implement the national-level planning, regional planning;

b) Propose the Government to issue plans, policies, solutions, and allocate resources to implement the national marine space plan and the national land use plan;

c) Propose the Prime Minister to establish the National Marine Space Plan Review Council, the National Defense Land Use Plan Review Council, and the National Security Land Use Plan Review Council.

6. The Ministry of Finance shall have the responsibilities and authorities stipulated in Clause 4 of this Article and the following responsibilities and authorities:

a) Lead and coordinate with ministries, equivalent ministries, and provincial People's Committees to propose the Government to issue policies and solutions to ensure financial resources for planning implementation;

Article 56. State Management Responsibilities Regarding Planning of Provincial People's Committees

Within their assigned tasks and powers, provincial People's Committees shall manage state affairs related to planning at the local level and have the following responsibilities:

1. Issue plans, policies, solutions, and allocate resources for implementing provincial planning according to their authority or submit them to competent authorities for issuance;

2. Implement provincial planning;

3. Coordinate in establishing national-level and regional planning related to provincial planning;

4. Organize the dissemination and education on laws related to planning;

5. Inspect, investigate, resolve complaints and denunciations, and handle violations of laws related to planning;

6. Reward agencies, organizations, and individuals who have achieved success in planning activities.

Chapter VI
IMPLEMENTING PROVISIONS

Article 57. Amending and Supplementing Certain Provisions of Relevant Laws Pertaining to Planning Activities

1. Amend and supplement Clause 2 of Article 50 of the Law on Information Technology No. 67/2006/QH11 as follows:

"2. The Ministry of Information and Communications shall publish a list and develop programs for the development of key information technology products during each period in accordance with the strategy for the development of the information technology industry."

2. Amend and supplement certain provisions of the Law on Organization of Local Administration No. 77/2015/QH13 as follows:

a) Repeal Point g of Clause 3 of Article 19;

b) Amend and supplement Point a of Clause 2 of Article 128 as follows:

"a) In accordance with relevant planning that has been decided or approved by competent authorities;"

3. Amend and supplement certain provisions of the Law on Animal Health No. 79/2015/QH13 as follows:

a) Amend and supplement Point b of Clause 1 of Article 5 as follows:

"b) Establish a system for tracing the origin of animals and animal products; establish a network of slaughterhouses, preliminary processing, and manufacturing facilities for animal products in an industrial direction linked to breeding areas;"

b) Amend and supplement Point b of Clause 1 of Article 9 as follows:

"b) Establish regional and facility disease safety plans for animals, integrate them into provincial planning and organize their implementation; establish, issue, and implement plans for preventing, controlling, and eradicating animal diseases, and monitor these diseases;"

c) Amend and supplement Clause 3 and Clause 4 of Article 40 as follows:

"3. The Minister of Agriculture and Rural Development shall stipulate the establishment of animal quarantine stations at transportation hubs nationwide."

"4. The provincial People's Committee shall decide on the establishment and organization of animal and animal product quarantine operations at transportation hub quarantine stations within its jurisdiction based on the regulations of the Minister of Agriculture and Rural Development under Clause 3 of this Article."

d) Amend and supplement Point b of Clause 1 of Article 76 as follows:

"b) Direct the establishment of centralized slaughterhouse networks and plan the implementation of centralized animal slaughtering;"

đ) Amend and supplement Point a of Clause 2 of Article 76 as follows:

"a) Coordinate with relevant departments to implement centralized slaughterhouse networks;"

4. Amend and supplement Article 58 of the National Reserve Law No. 22/2012/QH13 as follows:

"Article 58. Comprehensive Planning of the National Reserve Warehouse System

1. The preparation of comprehensive planning for the national reserve warehouse system must comply with the principles set forth in the Law on Planning and ensure consistency with the national reserve strategy; be synchronized and consistent with production sources, population density; ensure safety.

2. Comprehensive planning for the national reserve warehouse system includes contents prescribed by the Law on Planning and meets the following requirements:

a) Consistent with the goals and requirements of the national reserve;

b) Ensuring the continuity of the national reserve warehouse system along routes and territorial regions;

c) Ensuring modernization development;

d) Consistent with investment capital capacity;

đ) Clearly define implementation solutions and timelines.

3. The preparation, review, approval, publication, implementation, and adjustment of comprehensive planning for the national reserve warehouse system shall be carried out in accordance with the law on planning and other relevant laws."

5. Amend and supplement Article 8 of the Vocational Education Law No. 74/2014/QH13 as follows:

"Article 8. Network Planning of Vocational Education Institutions

1. The preparation of network planning for vocational education institutions must comply with the principles set forth in the Law on Planning and ensure the structure of industries, trades, training levels, and regional and provincial structures; the diversity and synchronization of the vocational education system, linking training with production, business, and services; gradually improving training quality to serve industrialization, modernization, and international integration.

2. Network planning for vocational education institutions includes contents prescribed by the Law on Planning and the following contents:

a) The structure of the network of vocational education institutions and training scale by industry, trade, training level, and type of vocational education institution;

b) Distribution of vocational education institutions by region and locality;

c) Development of the teaching staff and management personnel of vocational education;

d) Investment in infrastructure and training equipment.

3. The preparation, review, approval, publication, implementation, and adjustment of national network planning for vocational education institutions shall be carried out in accordance with the law on planning and other relevant laws.

4. Ministries, ministerial-level agencies, and provincial People's Committees shall base themselves on national network planning for vocational education institutions to develop and approve network planning for vocational education institutions of their ministries, ministerial-level agencies, and localities, and bear responsibility for directing the implementation.

The integration of network planning for vocational education institutions of ministries, ministerial-level agencies, and localities into the national planning system shall be carried out in accordance with the law on planning."

6. Add Clause 5 to Article 82 of the Law on Medical Examination and Treatment No. 40/2009/QH12 as follows:

"5. The planning of the system of medical examination and treatment facilities nationwide and specialized medical examination and treatment facilities shall be integrated into the national health care facility network planning; the planning of local medical examination and treatment facilities shall be integrated into the provincial planning as prescribed by the law on planning."

7. Amend and supplement some articles of the Law on Telecommunications No. 41/2009/QH12 as follows:

a) Amend and supplement point a, Clause 2, Article 8 as follows:

“a) In accordance with the strategy for economic and social development, the national master plan, the national socio-economic development plan during each period; comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member;”

b) Amend and supplement Clause 3, Article 8 as follows:

“3. The Ministry of Information and Communications shall develop the national telecommunications development plan and integrate it into the national information and communication infrastructure plan in accordance with the law on planning and other relevant laws.”

c) Amend and supplement point đ, Clause 1, Article 14 as follows:

“đ) Allocate telecommunications resources in accordance with the regulations on telecommunications resource management;”

d) Amend and supplement Clause 3, Article 38 as follows:

“3. Amendments and supplements to telecommunications licenses during their validity period shall be carried out upon the request of the organization granted the license or at the request of the Ministry of Information and Communications, in compliance with the regulations on telecommunications resource management, interconnection, tariff rates, technical standards, and technical norms for telecommunications.”

đ) Amend and supplement Clause 1, Article 60 as follows:

“1. The shared use of technical infrastructure for transportation, energy supply, public lighting, water supply, drainage, telecommunications, and other technical infrastructure projects shall be implemented based on the principles of efficiency, economy, ensuring landscape and environmental requirements, and being consistent with plans approved or decided by competent authorities.”

8. Amend and supplement some Articles of the Law on Thrift and Combating Wastefulness No. 44/2013/QH13 as follows:

a) Amend and supplement point d, Clause 2, Article 5 as follows:

“d) Planning that has been decided or approved by competent authorities; socio-economic development plans; industry and regional development plans; land use plans; investment project lists and investment capital sources; exploitation plans and activities for natural resources;”

b) Amend and supplement Article 33 as follows:

“Article 33. Establishment, review, approval of planning, plans, and investment project lists

1. The establishment, review, and approval of planning within the national planning system; socio-economic development plans; industry, regional, sectoral, and product development plans; land use plans must be consistent with the socio-economic development orientation and capacity of the economy.

2. The establishment, review, and approval of investment project lists must be consistent with planning that has been decided or approved by competent authorities; socio-economic development plans; industry, regional, sectoral, and product development plans; land use plans.”

c) Amend and supplement Clause 1, Article 34 as follows:

“1. The establishment and review of investment projects must be consistent with planning decided or approved by competent authorities; socio-economic development plans; industry and regional development plans; land use plans; investment project lists, in accordance with construction standards and technical norms.”

9. The economic and social development planning, comprehensive economic and social development planning in the Law on National Defense No. 39/2005/QH11, the Law on Radio Frequency No. 42/2009/QH12, the Education Law No. 38/2005/QH11, amended and supplemented according to the Law Amending and Supplementing Some Provisions of the Education Law No. 44/2009/QH12, the Law on the Sea of Vietnam No. 18/2012/QH13, the Law on Disaster Prevention and Control No. 33/2013/QH13, the Housing Law No. 65/2014/QH13, the Law on Public Security Organs No. 73/2014/QH13, the Law on Natural Resources, Environment, and Islands No. 82/2015/QH13, the Law on Access to Information No. 104/2016/QH13, the Tourism Law No. 09/2017/QH14, the Decree on Plant Varieties No. 15/2004/PL-UBTVQH11, the Decree on Animal Breeds No. 16/2004/PL-UBTVQH11, the Population Decree No. 06/2003/PL-UBTVQH11, amended and supplemented according to the Decree Amending Article 10 of the Population Decree No. 08/2008/PL-UBTVQH12, and other replaced regulatory legal documents shall be replaced by planning decided or approved by competent authorities.

Article 58. Effective Date

1. This Law takes effect from January 1, 2019.

2. The provisions of this Law on the establishment and review of national-level planning, regional planning, and provincial planning take effect from March 1, 2018.

The Government ensures funding for the establishment and review of planning as stipulated in this clause in accordance with the law on public investment and the state budget law.

Article 59. Transitional Provisions

1. Planning decisions or approvals made in accordance with the law before the effective date of this Law shall be implemented as follows:

a) National-level planning, regional planning, and provincial planning shall be implemented until the end of the planning period; if the content of such planning does not comply with this Law, it must be adjusted in accordance with this Law;

b) Technical and specialized planning as specified in Appendix 2 of this Law shall continue to be implemented in accordance with relevant laws; if the content of such planning does not comply with higher-level planning decided or approved in accordance with this Law, it must be adjusted to comply with higher-level planning;

c) Planning integrated into national-level, regional, and provincial planning shall be implemented until such national-level, regional, and provincial planning is decided or approved in accordance with this Law, except as provided in point b of this clause;

d) Planning on specific goods, services, and products development, setting quantities and volumes of goods, services, and products to be produced and consumed, decided or approved, shall cease to be effective no later than December 31, 2018.

2. National master plans, regional plans, provincial plans that have been established and reviewed before this Law takes effect but have not yet been decided or approved shall be implemented according to the provisions of this Law.

3. Projects that have been approved by competent authorities according to the published plans before this Law takes effect shall continue to be implemented until the end of their term in accordance with relevant laws.

4. The Government shall review and promulgate the list of plans specified in point c and point d of Clause 1, Article 2 of this Law and at point 39 of Appendix 2 before December 31, 2018.

5. The Government shall review and submit to the National Assembly for amendment and supplementation of regulations related to planning in Codes, Laws within the list specified in Appendix 3 of this Law and other normative legal documents to ensure consistency with the Planning Law and take effect no later than January 1, 2019.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th session, fourth meeting on November 24, 2017.

ANNEX

(Issued together with the Planning Law number 21/2017/QH14)

ANNEX I

NATIONAL SECTOR PLANNING LIST

ANNEX II

TECHNICAL AND SPECIALIZED PLANNING LIST

ANNEX III

LIST OF CODES AND LAWS WITH PROVISIONS RELATED TO PLANNING THAT NEED AMENDMENT AND SUPPLEMENTATION