Law Amending and Supplementing Certain Articles of 11 Related Laws on Planning Number 28/2018/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF 11 LAWS

RELATED TO PLANNING

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

The National Assembly promulgates this Law to amend and supplement certain articles related to planning under the Food Safety Law No. 55/2010/QH12, the Notarization Law No. 53/2014/QH13, the Medicine Law No. 105/2016/QH13, the Investment Law No. 67/2014/QH13, the Public Investment Law No. 49/2014/QH13, the Electricity Law No. 28/2004/QH11 which has been amended and supplemented by Law No. 24/2012/QH13, the Chemicals Law No. 06/2007/QH12, the Science and Technology Law No. 29/2013/QH13, the Law on Prevention and Control of Harmful Effects of Tobacco No. 09/2012/QH13, the Law on Energy Efficiency and Rational Use No. 50/2010/QH12, and the Children Law No. 102/2016/QH13.

Article 1. Amend and supplement certain articles of the Food Safety Law

1. Amending and supplementing Clause 1 of Article 4 as follows:

"1. To develop the national strategy on food safety."

2. Amend and supplement Point a Clause 1 Article 62 as follows:

"a) To take the lead in developing, submitting to competent state agencies for issuance and implementing the national strategy on food safety;"

3. Amend and supplement Point a Clause 2 Article 62 as follows:

"a) To take the lead in developing, issuing or submitting to competent state agencies for issuance and implementing policies, strategies, plans, and regulatory legal documents on food safety within the assigned management area;"

4. Amend and supplement Clause 1 Article 63 as follows:

"1. To take the lead in developing, issuing or submitting to competent state agencies for issuance and implementing policies, strategies, plans, and regulatory legal documents on food safety within the assigned management area."

5. Amend and supplement Clause 1 Article 64 as follows:

"1. To take the lead in developing, issuing or submitting to competent state agencies for issuance and implementing policies, strategies, plans, and regulatory legal documents on food safety within the assigned management area."

6. Amend and supplement Clause 4 Article 64 as follows:

"4. To issue policies for developing markets and supermarkets; to submit to competent state agencies for issuance of regulations on conditions for operating food businesses at markets and supermarkets."

7. Amend and supplement Clause 1 Article 65 as follows:

"1. To issue or submit to competent state agencies for issuance of regulatory legal documents, technical standards at the local level to ensure management throughout the entire food supply chain."

Article 2. Amend and supplement certain articles of the Notarization Law

1. Amend and supplement Clause 1 Article 18 as follows:

"1. The establishment of notary organizations must comply with the provisions of this Law."

2. Amend and supplement Clause 1 Article 24 as follows:

"1. When changing any of the contents prescribed in Clause 3 Article 23 of this Law, the Notary Office must register the changes at the Department of Justice where the Notary Office has registered its operations."

3. Amend and supplement Points b and c Clause 2 Article 69 as follows:

"b) To develop and submit to the Government for issuance of policies for developing the notary profession;

c) To take the lead and coordinate with ministries and sectors in guiding and managing the activities of notary organizations;"

4. Repeal Point b Clause 1 Article 70.

Article 3. Amend and supplement certain articles of the Medicine Law

1. Amend and supplement Point a Clause 1 Article 10 as follows:

"a) To take the lead and coordinate with ministries, ministerial-level agencies, and government agencies concerned in issuing or submitting to competent authorities for issuance and implementation of regulatory legal documents, strategies, and policies for developing the pharmaceutical industry;"

2. Amend and supplement Point c Clause 1 Article 10 as follows:

"c) To take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and relevant agencies in organizing the development of medicinal plant cultivation areas, implementing measures for conservation, rational and sustainable exploitation and utilization of medicinal plants;"

3. Amending and supplementing Clause 2 of Article 10 as follows:

"2. The Ministry of Industry and Trade shall be responsible for taking the lead and coordinating with ministries, ministerial-level agencies, and government agencies concerned in issuing or submitting to competent authorities for issuance and implementation of regulatory legal documents on pharmaceutical industrialization."

4. Amend and supplement Point a Clause 6 Article 10 as follows:

"a) To take the lead and coordinate with ministries, ministerial-level agencies, and government agencies concerned in building financial mechanisms, mobilizing and ensuring resources to implement the pharmaceutical industry development plan submitted for approval by competent authorities;"

5. Amend and supplement Point a Clause 8 Article 10 as follows:

"a) To implement regulatory legal documents, strategies, and policies for developing the pharmaceutical industry in accordance with economic and social development goals and local advantages;"

6. Amend and supplement Clause 5 Article 104 as follows:

"5. The Prime Minister shall approve the State's inspection system planning, regulations on organizational structure, facilities, and activities of State-owned drug testing institutions."

7. Repeal Article 9.

Article 4. Amending and supplementing some articles of the Investment Law

1. Amend and supplement Clause 1 Article 20 as follows:

"1. Based on the planning scheme decided or approved by the competent authority in accordance with the law on planning, ministries, ministerial-level agencies, provincial People's Committees (hereinafter referred to as provincial People's Committee) shall develop investment development plans and organize the construction of technical infrastructure systems, social infrastructure outside the industrial park, export processing zone, high-tech zone, and functional zones within economic zones."

2. Amending and supplementing Article 21 as follows:

"Article 21. Developing housing and public service facilities for workers in industrial parks, high-tech zones, and economic zones

1. Based on the planning scheme decided or approved by the competent authority in accordance with the law on planning, the provincial People's Committee shall establish planning and allocate land funds to develop housing and public service facilities for workers operating in industrial parks, high-tech zones, and economic zones.

2. For localities facing difficulties in allocating land funds to develop housing and public service facilities for workers in industrial parks, the competent state agency with approval authority shall approve the adjustment of the planning scheme to reserve a portion of the land area for developing housing and public service facilities."

3. Amending and supplementing Point c Clause 6 Article 33 as follows:

"c) Assessing the compatibility of the investment project with national-level planning, regional planning, provincial planning, urban planning, and special administrative-economic unit planning (if applicable); assessing the impact and economic-social effectiveness of the project;"

4. Amending and supplementing Point c Clause 6 Article 35 as follows:

"c) The compatibility of the project with the strategy, national-level planning, regional planning, provincial planning, urban planning, and special administrative-economic unit planning (if applicable);"

Article 5. Amending and supplementing some articles of the Public Investment Law

1. Supplement Clause 5 to Article 5 as follows:

"5. Investment in establishing, appraising, deciding or approving, announcing, and adjusting planning schemes in accordance with the law on planning."

2. Amending and supplementing Clause 2 Article 12 as follows:

"2. Consistent with the strategy for socio-economic development, the five-year socio-economic development plan of the country, and related planning schemes as prescribed by the law on planning."

3. Amending and supplementing Clause 1 Article 18 as follows:

"1. Consistent with the strategy, socio-economic development plan, and related planning schemes as prescribed by the law on planning that have been decided or approved by the competent authority."

4. Amending and supplementing Point d Clause 2 Article 21 as follows:

"d) The compatibility with the strategy, socio-economic development plan, and related planning schemes as prescribed by the law on planning;"

5. Amending and supplementing Clause 1 Article 34 as follows:

"1. The necessity of the program to implement strategic goals, socio-economic development plans, and related planning schemes as prescribed by the law on planning;"

6. Amending and supplementing Clause 2 Article 40 as follows:

"2. Related planning schemes as prescribed by the law on planning."

7. Amending and supplementing Point a Clause 1 Article 46 as follows:

"a) When adjusting objectives and changing implementation conditions in the socio-economic development strategy, plan, and related planning schemes as prescribed by the law on planning;"

8. Amending and supplementing Point b Clause 2 Article 47 as follows:

"b) Evaluating the compatibility with related planning schemes as prescribed by the law on planning;"

9. Amending and supplementing Point c Clause 1 Article 50 as follows:

"c) Related planning schemes as prescribed by the law on planning;"

10. Amending and supplementing Clause 1 Article 55 as follows:

"1. Programs and projects that have been decided on investment orientation by the competent authority, projects that establish planning schemes;"

11. Amending and supplementing Article 57 as follows:

"Article 57. Investment preparation capital, planning establishment capital, and project implementation capital in the medium-term and annual investment plan

1. Investment preparation capital shall be allocated for:

a) Establishing, appraising, and deciding on investment orientation for projects;

b) Establishing, appraising, and deciding on investment for projects.

2. Planning establishment capital shall be allocated for establishing, appraising, deciding or approving, announcing, and adjusting planning schemes in accordance with the law on planning.

3. Project implementation capital shall be allocated for land clearance, technical design establishment, construction drawing design establishment, project budget establishment, or project component budget establishment, and organizing construction for completed projects but not yet fully funded, planned completion projects, ongoing projects, and newly commenced projects.

4. Balancing investment preparation capital, planning establishment capital, and project implementation capital in accordance with the Government's regulations."

12. Amending and supplementing Clause 1 Article 96 as follows:

"1. Proposing programs and projects consistent with the socio-economic development strategy, plan, and related planning schemes as prescribed by the law on planning during each period."

Article 6. Amending and supplementing certain articles of the Law on Electricity

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

“Article 8. Power Development Planning

1. Power development planning is a national industry planning serving as the basis for power development investment activities.

2. The establishment of power development planning must comply with the provisions of the law on planning and the following principles:

a) Based on the national energy development strategy;

b) Consistent with the orientation for developing primary energy sources for power generation, including new and renewable energy sources.

3. The planning period for power development is ten years. The vision of power development planning ranges from thirty to fifty years.

2. Amendment and supplementation of Article 9 as follows:

“Article 9. Establishment, Review, Approval, Publication, Implementation, and Adjustment of Power Development Planning

1. The Ministry of Industry and Trade organizes the establishment of power development planning to be submitted to the Prime Minister for approval in accordance with the law on planning.

2. Provincial People's Committees organize the establishment of the content of plans for developing power distribution networks within provincial planning.

3. The establishment, review, approval, publication, implementation, and adjustment of power development planning shall be carried out in accordance with the law on planning.

"Article 10. Point calculation for urban classification

“Article 10. Costs for Establishing, Reviewing, Approving, Publishing, Adjusting, and Evaluating the Implementation of Power Development Planning

Costs for establishing, reviewing, approving, publishing, adjusting, and evaluating the implementation of power development planning shall be regulated by the law on planning.

4. Repeal Article 8a.

Article 7. Amending and Supplementing Certain Provisions of the Chemicals Law

1. Amend and supplement Clause 2 Article 6 as follows:

“2. The State invests in building a national chemical safety control system and a database of chemical safety information.”

2. Add Clause 5 to Article 10 as follows:

“5. The location of industrial parks and chemical production facilities must be suitable with the characteristics and nature of chemicals, production and storage technology, natural conditions, and socio-economic conditions to meet chemical safety requirements.”

3. Amend and supplement Clause 3 Article 49 as follows:

“3. To serve investigations and surveys for developing strategies and plans for chemical industry development.”

4. Amend and supplement Point a Clause 1 Article 63 as follows:

“a) Issuing regulations, strategies, and plans for chemical industry development through its authority or submitting them to the Government for issuance; technical standards on chemical safety;”

5. Repeal Article 8 and Article 9.

Article 8. Amending and Supplementing Certain Provisions of the Science and Technology Law

1. Amending and supplementing Article 10 as follows:

“Article 10. Planning the Network of Public Science and Technology Organizations

1. Planning the network of public science and technology organizations is a national industry planning.

2. The establishment of planning the network of public science and technology organizations must comply with the provisions of the law on planning and the following principles:

a) Building a unified, synchronized, and reasonably distributed network of public science and technology organizations that align with the requirements of science and technology development;

b) Linking science and technology organizations with educational institutions and organizations applying research results and technological development;

c) Ensuring the achievement of the goal of enhancing the country's scientific and technological capacity, focusing on fields of science and technology directly serving economic and social development, national defense, and security;

d) Ensuring efficient use of state resources, promoting socialized investment in science and technology development, especially in priority and key areas of science and technology.

3. The Ministry of Science and Technology organizes the establishment of planning the network of public science and technology organizations to be submitted to the Prime Minister for approval in accordance with the law on planning.

2. Amend and supplement Clause 2 Article 11 as follows:

“2. In addition to the provisions of Clause 1 of this Article, the establishment of public science and technology organizations must be consistent with the planning of the network of public science and technology organizations and the review opinions of state management agencies on science and technology according to the Government's classification.”

3. Amend and supplement Point b Clause 2 Article 16 as follows:

“b) Serving policy formulation for science and technology development, planning the network of public science and technology organizations;”

4. Amend and supplement Clause 1 Article 22 as follows:

“1. Based on the national human resource development strategy, the Minister of Science and Technology approves the plan for developing science and technology human resources based on proposals from ministries, ministerial-level agencies, government agencies, provincial people's committees, and other state agencies.”

5. Repeal Clause 2 and Clause 3 Article 67.

Article 9. Amending and supplementing some articles of the Law on Prevention and Control of Harmful Effects of Tobacco

1. Amend and supplement Clause 3 Article 4 as follows:

"3. Activities related to tobacco production and business must be consistent with the goal of gradually reducing the supply of tobacco, in line with reducing the demand for tobacco use."

2. Repeal Article 20 and Clause 1 of Article 21.

Article 10. Amending and supplementing some articles of the Law on Rational and Efficient Energy Use

1. Amend and supplement Article 6 as follows:

“Article 6. National energy development strategy, overall energy planning, energy use program

1. The national energy development strategy and energy use program must meet the following requirements:

a) Ensuring stable and safe energy supply; using energy resources reasonably and efficiently;

b) Forecasting energy supply and demand in line with the national economic and social development strategy and plans; harmonizing and balancing coal, oil and gas, electricity, and other energy industries;

c) Promoting rational and efficient energy use, prioritizing the development of clean energy technology, and increasing the proportion of renewable energy use;

d) Developing and implementing a roadmap for manufacturing energy-efficient vehicles, equipment, and construction materials.

2. Overall energy planning is a national industry planning. The establishment of overall energy planning must comply with the provisions of the law on planning and meet the requirements stipulated in Clause 1 of this Article.

3. The Prime Minister shall direct the development and implementation of the national energy development strategy and energy use program.

The Ministry of Industry and Trade shall organize the establishment of overall energy planning and submit it to the Prime Minister for approval in accordance with the provisions of the law on planning.

2. Repeal point b of Clause 1 and point b of Clause 2 of Article 25.

Article 11. Amending and supplementing some articles of the Law on Children

1. Amend and supplement Clause 5 of Article 5 as follows:

"5. When formulating policies and laws affecting children, opinions of children and relevant agencies and organizations must be considered; ensuring the integration of child-related targets and indicators in relevant planning according to the provisions of the law on planning, national socio-economic development plans, sectoral and local plans;"

2. Amend and supplement Clause 1, Article 7 as follows:

"1. The State ensures resources to implement child-related targets and indicators in relevant planning according to the provisions of the law on planning, national socio-economic development plans, sectoral and local plans; prioritizing resource allocation to protect children and ensure the realization of children's rights."

3. Amend and supplement Clause 2 of Article 45 as follows:

"2. Provincial People's Committees are responsible for allocating land, investing in building playgrounds, entertainment venues, cultural, artistic, and sports facilities for children; ensuring appropriate conditions, time, and timing for children to participate in activities at grassroots cultural and sports facilities."

4. Amend and supplement Clause 1 and Clause 2 of Article 57 as follows:

"1. Ministries, ministerial-level agencies, and government agencies within their respective functions and powers establish public child protection service facilities under their management and register the operation of other child protection service facilities with a scope of activity across multiple provinces; take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to issue or submit to competent authorities for issuance and guidance on the implementation of child protection service facility development; develop service provision procedures, standards, and inspection, supervision, and violation handling processes according to the law.

2. Provincial People's Committees establish public child protection service facilities and register the operation of other child protection service facilities with a scope of activity within their provincial territory."

5. Amend and supplement Point a of Clause 1 of Article 74 as follows:

"a) Building and implementing programs, policies, regulatory legal documents, and relevant planning according to the provisions of the law on planning, socio-economic development plans;"

6. Amend and supplement Clause 2 of Article 79 as follows:

"2. The National Assembly's Ethnic Councils and Committees have the responsibility to cooperate with the National Assembly's Committee on Culture, Education, Youth, Adolescents, and Children to review and evaluate issues related to children in draft laws, ordinances, and draft resolutions of the National Assembly, Standing Committee of the National Assembly, and the integration of child-related targets and indicators when reviewing planning according to the provisions of the law on planning, national socio-economic development plans; supervising the implementation of policies and laws related to children and the realization of children's rights."

7. Amend and supplement Clause 2 of Article 82 as follows:

"2. Participate in providing written comments on issues related to children sent to draft law, ordinance, and draft resolution preparation teams of the National Assembly, Standing Committee of the National Assembly, and other regulatory legal documents; propose the integration of child-related targets and indicators when developing relevant planning according to the provisions of the law on planning, national socio-economic development plans, sectors, and localities."

Article 12. Effective Date

This Law takes effect from January 1, 2019.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th term, fifth session, on June 15, 2018./.