Circular No. 50/2015/TT-BCT stipulates the contents, procedures, and processes for drafting, reviewing, approving, announcing, and managing industrial and trade development plans.

CIRCULAR

Regarding the content, procedures, and processes for drafting, reviewing, approving,

announcing, and managing industry and trade development plans

Chapter on industry and commerce

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on drafting, approving, and managing comprehensive economic and social development plans, and Decree No. 04/2008/NĐ-CP dated January 11, 2008 of the Government amending and supplementing certain articles of Decree No. 92/2006/NĐ-CP on drafting, approving, and managing comprehensive economic and social development plans;

At the proposal of the Director of the Planning Department,

The Minister of Industry and Trade stipulates the content, procedures, and processes for drafting, reviewing, approving, announcing, managing, and supervising the implementation of industry and trade development plans as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the content, procedures, and processes for drafting, reviewing, approving, announcing, managing industry and trade development plans, including: National industry and trade development plan, Regional industry and trade development plan (economic region, key economic region, economic corridor, economic belt); Provincial industry and trade development plan.

This Circular does not apply to power development plans, renewable energy development plans, industrial zone and cluster development plans.

Article 2. Applicability

1. State management agencies responsible for industry and trade development planning.

2. Organizations and individuals related to the drafting, reviewing, approving, announcing, and managing industry and trade development plans under the Ministry of Industry and Trade or provincial People's Committees (hereinafter referred to collectively as provincial level).

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Drafting unit: is the agency/unit assigned by the Ministry of Industry and Trade or provincial People's Committee to lead the drafting of the plan and monitor its implementation according to the sector and field.

2. Reviewing unit: is the agency/unit within the drafting organization assigned to organize the review of the plan.

3. Consulting for drafting the plan: is a consulting organization with legal personality, having the function of consulting for plan drafting, industry associations, or experts with the capacity and experience in drafting plans suitable to the nature of the planning project.

Article 4. Types of industry and trade development plans

1. Types of industry development plans include:

- Comprehensive industry development plan;

- Development plan for specific industrial production sectors;

- Exploration, exploitation, and processing plan for various types of minerals (excluding construction materials);

2. Types of trade development plans include:

- Comprehensive trade development plan;

- Infrastructure development plan for the trade system: market systems, supermarkets, commercial centers, exhibition centers, information centers, logistics centers, warehousing systems, oil reserve and distribution systems, gas distribution systems, alcohol and beer sales systems, tobacco sales systems, and other conditional business forms under the jurisdiction of the Ministry of Industry and Trade.

Article 5. Planning Phase

Depending on the type and scale, the planning phase for the development of the industry and trade sector shall be established for a minimum period of 10 years and a vision of at least 5 to 10 years thereafter.

Article 6. Responsibilities for Planning

1. The Ministry of Industry and Trade is responsible for establishing plans for the development of the industry and trade sectors, the national commercial infrastructure system, pipeline systems for petroleum products and natural gas, petroleum storage facilities and natural gas storage facilities with a capacity of 5,000 cubic meters or more, and retail fuel service stations along national highways spanning two or more provinces.

2. Provincial People's Committees are responsible for establishing plans for the industry and trade sectors within their province, provincial-managed commercial infrastructure, petroleum storage facilities with a capacity under 5,000 cubic meters, retail fuel service stations within provincial jurisdiction, and natural gas business systems (storage facilities with a capacity under 5,000 cubic meters, refueling stations, and natural gas sales systems within provincial jurisdiction).

Article 7. Selection of Consulting Firms for Planning

1. The selection of consulting firms for planning shall be carried out in accordance with the laws on bidding.

2. Consulting firms for planning shall be responsible for the content, quality, and progress of implementing the planning project according to the Contract signed with the planning authority.

3. The main unit responsible for planning shall coordinate with the consulting firm during the planning process, ensuring compliance with the approved planning framework and mission, and shall be responsible for all aspects of the planning project content.

Chapter II

CONTENT OF THE PLAN

Article 8. Content of the Comprehensive Plan for the Development of the Industry Sector and Plans for the Development of Industrial Production Sectors

The plan for the development of industrial production sectors must ensure consistency with the comprehensive plan for the development of the industry sector. The comprehensive plan for the development of the industry sector and plans for the development of industrial production sectors include the following main contents:

1. Necessity; purpose; requirements; legal basis; grounds for planning; objects and scope of planning;

2. Economic and social conditions, natural conditions for developing the sector;

3. Current status of sector development;

4. Evaluation of the implementation of the previous planning phase (if applicable);

5. Analysis and forecasting of development trends; forecasting domestic and international factors affecting sector development;

6. Development planning including the system of viewpoints, goals, and development orientations; justification of planning schemes, justification of selecting the optimal scheme to ensure the achievement of planning goals; planning according to the selected scheme;

7. Planning schemes are presented on maps;

8. Justification of the list of major investment programs and projects;

9. Investment capital needs, projected capital structure for major programs and projects;

10. Land and water surface usage needs (if applicable);

11. Strategic environmental assessment/pollution control measures in accordance with environmental protection laws;

12. Implementation measures for the plan;

13. Organization of implementation.

Article 9. Content of the Exploration, Exploitation, and Processing Plan for Various Types of Mineral Resources

The exploration, exploitation, and processing plan for various types of mineral resources includes the following main contents:

1. Necessity; Purpose; Requirements; Legal Basis; Grounds for Planning; Objects and Scope of Planning;

2. Investigation, research, synthesis, and evaluation of the situation regarding exploration, exploitation, processing, and utilization of each type and group of minerals in the mining area;

3. Evaluation of the results of the previous planning period;

4. Determination of mineral resource demand and the ability to meet such demand during the planning period;

5. Determination of viewpoints, orientations, and objectives for mineral exploration and exploitation during the planning period;

6. Development of various development scenarios;

7. Establishment of exploration areas, including both scattered and small-scale areas. Exploration areas are delineated by straight lines connecting points forming closed angles on topographic maps with appropriate scales in the national coordinate system;

8. Detailed demarcation of mining areas, types of minerals requiring investment in exploitation, and exploitation schedules. Mining areas are delineated by straight lines connecting points forming closed angles on topographic maps with appropriate scales in the national coordinate system;

9. Determination of exploitation scale, capacity, and exploitation technology requirements;

10. Justification of the establishment of a list of major investment programs and projects;

11. Investment capital needs, projected capital structure;

12. Land usage needs;

13. Strategic environmental assessment in accordance with environmental protection laws;

14. Implementation measures for the plan;

15. Organization of implementation.

Article 10. Contents of the Comprehensive Plan for the Development of the Commerce Industry

The Comprehensive Plan for the Development of the Commerce Industry includes the following main contents:

1. Necessity; purpose; requirements; legal basis; grounds for planning; objects and scope of planning;

2. Economic and social conditions, natural conditions for developing commerce;

3. Current status of development of the commerce industry, commercial infrastructure system;

4. Evaluation of the implementation of the previous planning phase (if applicable);

5. Analysis and forecast of trends in commerce development;

6. Development planning (including the system of viewpoints, goals, directions for development; arguments for planning schemes, arguments for selecting the optimal scheme to ensure the implementation of planning goals; planning according to the selected scheme);

7. Planning scheme for developing the commercial infrastructure system reflected on the planning map;

8. Arguments for selecting major investment programs and projects; List of priority investment programs and projects;

9. Investment capital requirements, projected structure of funding sources for major investment programs and projects;

10. Land and water surface usage needs (if any) for developing the commercial infrastructure system;

11. Strategic environmental assessment / environmental protection measures in accordance with laws on environmental protection;

12. Implementation measures for the plan;

13. Organization of implementation.

Article 11. Contents of the Development Plan for the Commercial Infrastructure System

The development plan for commercial infrastructure includes the following main contents:

1. Necessity; purpose; requirements; legal basis; grounds for planning; objects and scope of planning;

2. Current status of commerce development;

3. Current status of development of the commercial infrastructure system (types, scale, distribution); capacity of the commercial infrastructure system to meet economic and social development, commerce development; current status of state management over commercial infrastructure);

4. Evaluation of the implementation of previous planning periods (if any) or the implementation of related plans;

5. Analysis and forecast of development trends;

6. Development planning for the commercial infrastructure system (including the system of viewpoints, goals, directions for development; arguments for planning schemes, arguments for selecting the optimal scheme to ensure the implementation of planning goals; planning according to the selected scheme);

7. Planning scheme for developing the commercial infrastructure system reflected on the planning map;

8. Arguments for the list of priority investment programs and projects;

9. Investment capital requirements, projected structure of funding sources for major investment programs and projects;

10. Land and water surface usage needs (if any) for developing the commercial infrastructure system;

11. Strategic environmental assessment / environmental protection measures in accordance with laws on environmental protection;

12. Implementation measures for the plan;

13. Organization of implementation.

Chapter III

BUILDING THE PLAN FOR ESTABLISHING THE COMPREHENSIVE PLAN

Article 12. Establishing the List and Registering Funding for Annual Planning

1. For plans established and managed by the Ministry of Industry and Trade:

a. Annually and every five years, based on actual management requirements for planning, their functions and tasks, and other tasks assigned by the Government and the Prime Minister to the Ministry of Industry and Trade, units submit registration plans for five-year and annual planning to the Department of Planning.

b. The Department of Planning is responsible for compiling the five-year and annual planning establishment plan (including new establishment and adjustment) to be submitted to the Minister of Industry and Trade for submission to the Government Office, the Ministry of Planning and Investment, and the Ministry of Finance for consolidation and budget balancing in accordance with the law.

2. For plans established and managed by provincial People's Committees:

Annually and every five years, in accordance with the progress of the province's planning, the Department of Industry and Trade builds the five-year and annual planning establishment plan for the industry and trade sector of the province to be submitted to the Department of Planning and Investment and the Department of Finance for review and budget balancing in accordance with current regulations, then submitted to the provincial People's Committee.

Article 13. Selecting the Planning List and Assigning Tasks

1. For plans established and managed by the Ministry of Industry and Trade:

Based on the state budget allocated, the Department of Planning balances the planning tasks, selects the planning list of plans that need to be established in the year according to the level of priority, reports to the leadership of the Ministry for approval and assigns tasks to the leading agency to organize implementation.

2. For plans established and managed by provincial People's Committees:

Based on the budget allocated, the provincial People's Committee balances the planning tasks, selects the planning list of plans that need to be established in the year according to the level of priority, and assigns tasks to the leading agency to organize implementation according to the registered schedule.

Chapter IV

ORGANIZING THE ESTABLISHMENT OF PLANNING

Section 1

OUTLINE AND BUDGET ESTIMATE FOR PLANNING TASKS

Article 14. Basis for drafting the Outline and Budget Estimate for Planning Tasks

1. Legal documents, Resolutions, decisions on economic and social development policies of the Party, National Assembly, Government, People's Councils related to the Region, locality, sector, and field requiring planning; Directives from the Government, Prime Minister, Provincial People's Committees, or the Ministry managing the sector that require planning.

2. Relevant existing valid plans.

3. Legal documents on funding for planning work and financial management regulations related thereto.

Article 15. Outline and Budget Estimate

1. The leading unit responsible for planning shall be responsible for drafting the outline and budget estimate and submitting them for approval in accordance with the provisions.

2. The planning outline includes the following main contents:

a) Legal basis for planning;

b) Necessity;

c) Objectives, requirements, subjects, scope of the Plan;

d) Research methods (specifying the methods and ways to implement the planning contents as stipulated in this Circular);

đ) Detailed description of the planning contents as prescribed;

e) Resources for implementation;

f) Requirements for product documentation;

g) Requirements for implementation progress consistent with proposed contents.

3. The budget estimate for planning projects is prepared in accordance with the provisions of guiding documents on funding for planning work and current financial management regulations relevant thereto.

Article 16. Review of the Outline and Budget Estimate

1) For industrial and trade sector plans under the Prime Minister’s approval authority, the review of the outline and budget estimate is conducted through the establishment of a Review Board.

The number and composition of the Review Board for the outline and budget estimate of the planning project are decided by the Minister of Industry and Trade based on the proposal of the leading unit responsible for planning. The Review Board must include representatives from the Ministry of Planning and Investment, the Ministry of Finance, the Department of Planning, the Department of Finance, and related units under the Ministry of Industry and Trade.

Conditions for convening meetings and voting on the Review Board's assessment of the outline, tasks, and budget estimate are applied correspondingly to the Review Board for planning projects as stipulated in Clause 2, Article 27 and Article 28 of this Circular.

2) For industrial and trade sector plans under the approval authority of the Minister of Industry and Trade, the review of the outline and budget estimate is conducted through soliciting written reviews from relevant agencies, including the opinions of the Ministry of Planning and Investment, the Ministry of Finance, the Department of Planning, the Department of Finance, and related units under the Ministry of Industry and Trade.

3) For industrial and trade sector plans under the approval authority of the Chairman of the Provincial People's Committee, the review of the outline and budget estimate is conducted through soliciting written reviews from relevant agencies, including the opinions of the Ministry of Industry and Trade, the Department of Planning and Investment, the Department of Finance, and related units.

4) The results of the review of the outline and budget estimate are documented in writing, including the following main contents:

a) Legal basis for planning;

b) Necessity, purpose, and role of the plan;

c) Evaluation of the suitability of the outline, budget estimate, and planning funding sources with the objectives and requirements of the planning project;

d) Conclusion of the Review Board (in cases where a Review Board is established) or recommendations of the reviewing unit (in cases of soliciting written reviews).

Article 17. Approval of the outline and budget estimate

1. The Minister of Industry and Trade shall approve the outline and budget estimate for planning projects organized by the Ministry; the Chairman of the Provincial People's Committee shall approve the outline and budget estimate for planning projects organized by the Provincial People's Committee.

2. The leading unit responsible for planning shall be responsible for submitting to the competent authority for approval the outline, planning tasks, and budget estimate.

The files submitted for approval include:

a) PETITION FOR APPROVAL;

b) Report on the results of the review of the outline, planning tasks, and budget estimate as stipulated in Clause 4, Article 16 of this Circular.

c) The completed outline and budget estimate according to the conclusion of the report on the results of the review.

d) Draft Decision approving the outline, planning tasks, and budget estimate according to the model prescribed in Appendix 1.

Section 2

ESTABLISHING PLANNING

Article 18. Basis for Planning

1. The approved outline, planning tasks, and budget estimate.

2. The basis for planning includes:

a) National socio-economic development strategy;

b) Resolutions and Decisions on socio-economic development policies of the Party, National Assembly, Government, and People's Councils related to the planning;

c) Socio-economic development planning of the locality (for industry planning organized by the provincial People's Committee);

c) Relevant previous planning phases (if applicable);

d) Related sectoral and field planning;

đ) Construction planning and land use planning related to the planning;

e) Statistical data system, basic survey results, surveys, and relevant data systems and materials;

g) Forecasting results on domestic and international scientific and technological progress and growth.

Article 19. Planning Process

1. During the planning process, the following steps must be carried out:

a) Investigation, survey, collection, processing of data and information;

b) Preparation of specialized reports;

c) Drafting of consolidated reports;

d) Organizing seminars and soliciting opinions;

c) Completing the consolidated planning report based on incorporating and explaining comments and submitting for approval.

2. Consulting units responsible for planning must submit specialized reports, explanations, incorporation of opinions, and draft consolidated reports to the leading unit responsible for planning after completing the corresponding steps as stipulated in Clause 1 of this Article.

Article 20. Solicitation of Opinions on Draft Consolidated Planning Reports

1. The leading unit responsible for planning must solicit written opinions from relevant agencies on the draft consolidated planning report to complete it before submission for review, specifically:

a) For planning projects organized by the Ministry of Industry and Trade, opinions from related ministries and sectors, opinions from the provincial People's Committees concerned, and opinions from the Department of Planning and related units under the Ministry of Industry and Trade must be sought.

b) For industrial and commercial planning projects organized by localities, opinions from the Ministry of Industry and Trade, provincial departments, and the People's Committees at the county level within the province must be sought.

2. Additionally, opinions from other agencies, organizations, units, and individuals (enterprises, business associations) may be sought to complete the draft consolidated planning report.

Article 21. Preparation of Strategic Environmental Assessment Report for Planning Projects

1. For planning projects that require preparation of a strategic environmental assessment report, the leading unit responsible for planning shall be responsible for preparing or hiring consultants to prepare the Strategic Environmental Assessment Report during the planning process.

2. Hiring consultants, preparation, review, and approval of the Strategic Environmental Assessment Report shall be carried out in accordance with laws on environmental protection.

Chapter V

ORGANIZATION OF REVIEW AND APPROVAL OF PLANNING

Section 1

REVIEWING PLANNING

Article 22. Competence to review planning schemes

The Ministry of Industry and Trade shall review planning projects organized by the Ministry of Industry and Trade. The People's Committee of the province shall review planning projects organized by localities.

Article 23. Review Board

1. The Minister of Industry and Trade decides on the establishment of the Review Board for planning projects organized by the Ministry of Industry and Trade. The Chairman of the People's Committee of the province decides on the establishment of the Review Board for planning projects organized by the People's Committee.

2. Composition of the Review Board:

- For planning projects organized by the Ministry of Industry and Trade, the Chairperson of the Board is the Leader of the Ministry of Industry and Trade, the Vice-Chairperson of the Board is the Leader of the Unit responsible for organizing the planning scheme; members of the Board include at least two opposing committee members who are experts in relevant fields and have experience in planning work; representatives from ministries, sectors, the Department of Planning, and units under the Ministry of Industry and Trade related to the project.

- For provincial-level planning projects, the Chairperson of the Board is the Leader of the People's Committee of the province, two Vice-Chairpersons of the Board are the Leaders of the Department of Planning and Investment and the Department of Industry and Trade; members of the Review Board include at least two opposing committee members who are experts in relevant fields and have experience in planning work; representatives from departments, sectors, and related units.

2. The Review Board organizes meetings to review planning projects and is responsible before the Head of the Organizing Agency for the conclusions of the review.

3. In cases where necessary, the planning organizing agency may hire consulting organizations or individuals with the ability to review planning projects prior to submitting them to the Review Board.

Article 24. Organization of Planning Reviews

The reviewing unit has the responsibility to:

1. Conduct checks on the validity and completeness of the documents submitted for review. In cases where the documents are incomplete or invalid, within three (03) working days from the date of receipt of the documents, the reviewing unit shall notify the planning consultancy unit (if any) in writing.

2. Propose the number and structure of the Review Board for planning projects and draft decisions on establishing the Review Board (according to the model specified in Appendix 2), to be reviewed and decided upon by the Head of the Organizing Agency.

3. Develop and submit to the Chairperson of the Review Board for approval the plan for organizing the review.

4. Send the documents to the members of the Review Board at least five (05) working days before convening the Review Board meeting.

5. Compile the opinions of the members of the Review Board.

6. Draft the Review Report.

7. Guide the planning consultancy unit to implement the conclusions of the Review Board and organize a re-review (if necessary).

8. Prepare the Petition for Approval of the Planning Scheme and draft Decision on Approval of the Planning Scheme.

9. Perform other tasks related to the review of planning projects.

Article 25. Documents for Review of Planning Projects

1. The documents for review of planning projects include:

a) The petition of the leading unit organizing the planning scheme regarding the process of organizing the planning scheme, the adoption of opinions from ministries, sectors, localities, and related units, and the main contents of the planning scheme;

b) Decision approving the outline and budget estimate;

c) Comprehensive report and summary report of the planning scheme (completed after soliciting opinions from relevant agencies) printed on A4 paper, bound into a volume, with signatures and seals of the Head of the planning organizing agency and the planning consultancy agency (if any) on the back cover;

d) A draft Decision approving the planning;

d) Special reports (indicating author's name); tables and data sheets (indicating source of information);

e) Current status map and planning map;

g) Report on the results of reviewing the Strategic Environmental Assessment report (if required according to regulations);

h) Contributing documents from relevant ministries, sectors, localities, agencies, and organizations (copies);

i) Summary of explanations and adoption of opinions from relevant agencies and units.

2. The number of sets of review documents for planning schemes based on the number of Review Board members as required by the reviewing unit.

Article 26. Meeting to Review Planning Project

1. Conditions for conducting the meeting to review the planning project:

a) At least two-thirds (2/3) of the members of the Review Board must attend, including the Chairman of the Review Board or the Vice-Chairman of the Review Board (authorized by the Chairman), and one (01) member responsible for critical review.

b) Representatives of the consulting firm drafting the plan (if applicable).

3. The Chairman of the Review Board shall consider and decide on inviting non-member representatives to attend the review meeting. These representatives may participate in discussions but are not allowed to vote.

4. The agenda for the meeting to review the planning project shall be carried out according to the guidelines in Appendix 3.

Article 27. Voting on the Evaluation of the Planning Project by the Review Board

1. The Review Board shall vote on the evaluation of the planning project using the Evaluation Form of the Review Board members (according to the model in Appendix 4).

2. The planning project is approved when at least two-thirds (2/3) of the Review Board members attending the review meeting vote in favor of approval or conditional approval with amendments (but not less than fifty percent (50%) of the total number of Review Board members).

Article 28. Handling of the Planning Project After the Review Meeting

Within ten (10) working days from the date of conclusion of the review meeting, the organizing unit shall send the Review Board's conclusion document to the consulting firm drafting the plan to implement the following contents:

1. In case the planning project is approved without requiring amendments, the organizing unit shall prepare the documentation for approval of the plan.

2. In case the planning project is approved but requires amendments based on the Review Board's conclusion:

a) The consultant is responsible for making the necessary amendments according to the Review Board's conclusion, reporting and incorporating the Review Board's opinions.

b) The organizing unit is responsible for: Receiving the amended planning project documentation along with the explanation document regarding the incorporation of the Review Board's opinions and submitting it for the Review Board members' comments (if required by the Review Board); Studying the documentation, compiling the Review Board members' opinions (if any), and preparing a report for the Review Board Chairman's consideration and decision.

In case the planning project does not meet the requirements, the main drafting unit shall issue a document requesting the consulting firm to complete the planning project documentation.

3. In case the planning project is not approved, the consulting firm drafting the plan shall be responsible for:

- Reconstructing the plan;

- Bearing all costs incurred during the reconstruction and re-review process of the planning project.

Article 29. Report on the Review of the Planning Project

Within ten (10) working days from the date of receiving the completed planning project documentation as required by the Review Board, the organizing unit shall prepare the Review Report containing the main contents specified in Appendix 5 and submit it to the Review Board Chairman for approval.

Section 2

APPROVAL OF THE PLAN

Article 30. Submission and Approval of Planning

1. Responsibilities for submission and approval of planning:

a) Planning within the approval authority of the Prime Minister shall be submitted for approval by the Ministry of Industry and Trade.

b) Planning within the approval authority of the Minister of Industry and Trade shall be submitted for approval by the unit responsible for drafting the planning under the Ministry.

c) Sectoral planning for industry and trade at provincial level shall be submitted for approval by the Department of Planning and Investment.

2. Documents for submission and approval of planning projects include:

a) A proposal requesting approval of the planning;

b) The consolidated report and summary report of the completed planning, printed on A4 paper, bound with cover page signed and stamped by the head of the planning agency and the consulting organization (if any);

c) System of maps and diagrams as prescribed;

d) Report on the results of the review of the Strategic Environmental Assessment report (if any);

đ) Report on the review of the planning project;

e) Draft Decision on approval of planning (according to the model in Appendix 6)

Chapter VI

AMENDMENT AND SUPPLEMENTATION OF PLANNING

Article 31. Forms of amendment and supplementation of planning

1. Comprehensive amendment of planning:

a) Comprehensive amendment of planning shall be carried out when the development goals and directions change. The period for reviewing comprehensive amendment of planning is every five years, except in special cases where planning must be amended according to the requirements of the competent authority approving the planning.

b) Comprehensive amendment of planning must ensure practical requirements, be consistent with the trend of socio-economic development and coordination with related planning; ensure continuity, not significantly affecting ongoing investment projects.

2. Partial amendment of planning:

a) Partial amendment of planning shall be carried out when the proposed amendments do not affect the development goals and directions, nor the content and implementation plan of the approved development planning.

b) Partial amendment of planning must clearly define the scope, extent, and content of the amendment; ensure the continuity and consistency of the planning, its coordination with related planning; clarify the reasons for the need to amend; economic, social, and environmental effects of the amendment; measures to address issues arising from the amendment.

3. Supplementing investment projects into planning

a) Investment projects not included in the planning, or those expanding capacity must go through procedures to supplement the planning before proceeding with investment preparation steps.

b) Projects requesting supplementation into planning must clearly demonstrate the necessity of supplementation, assess the impact of the project on the overall planning, supply-demand balance, suitability regarding location, scale, capacity, technical requirements, environmental protection plans, investment project progress, business operation plans, preliminary effectiveness of the investment project, and implementation measures.

Article 32. Implementation of comprehensive amendment of planning

1. The procedure for comprehensive amendment of planning shall be carried out as if it were a new planning project as stipulated in this Circular.

2. The main unit responsible for drafting the planning must prepare a review and evaluation report on the implementation of the approved planning, serving as the basis for amending the planning.

Article 33. Implementation of Review for Partial Adjustment of Planning

1. The main unit responsible for planning shall submit the dossier for partial adjustment of planning to organizations to seek review opinions from relevant agencies.

2. The dossier for seeking review opinions on partial adjustment of planning includes:

a) Approval document permitting the adjustment of planning;

b) Draft proposal for approval of partial adjustment of planning;

c) Report explaining the partial adjustment of planning;

d) System of maps and diagrams illustrating the adjustment of planning.

3. Consolidate review opinions and complete the partially adjusted planning.

Article 34. Implementation of Supplementary Review for Project Inclusion in Planning

1. The main unit responsible for planning shall organize the review of the dossier for supplementary planning. The form of review may be conducted through a Council or by organizing the collection of review opinions from relevant agencies. Members of the Review Council or agencies collecting opinions must include the Department of Planning (for planning within the approval authority of the Prime Minister and the Minister of Industry and Trade) and the Department of Planning and Investment (for planning within the approval authority of the Chairman of the Provincial People's Committee).

2. The dossier for seeking review opinions on supplementary planning includes:

a) Approval document for the policy of supplementing projects into planning and agreement on project construction location by localities;

b) Report explaining the supplementary planning by the investor;

c) System of maps and diagrams illustrating (if applicable);

Article 35. Submission and Approval of Partial Adjustment of Planning

1. Authority to Approve Partial Adjustment of Planning

The person with the authority to approve planning shall consider and decide on the approval of partial adjustments of corresponding planning.

2. Responsibility for Submitting for Approval of Partial Adjustment of Planning

The responsibility for submitting for approval of partial adjustment of planning is implemented correspondingly with the responsibility for submitting for approval of planning as stipulated in Clause 1, Article 30 of this Circular.

3. Dossier for Requesting Approval of Partial Adjustment of Planning:

a) Proposal requesting approval of partial adjustment of planning;

b) Completed report explaining the partial adjustment of planning, printed on A4 paper, bound into a booklet, with signatures and seals of the head of the agency submitting for approval of planning and the consulting organization (if any) on the back cover;

c) System of maps and diagrams illustrating the adjustment of planning;

d) Explanation of the adoption of opinions from related agencies (with copies of contributing documents attached);

đ) Resolution of the Provincial People's Council (for partial adjustment of provincial-level industry planning projects);

e) Draft Decision approving partial adjustment of planning (according to the model at Appendix 7).

Article 36. Submission and Approval of Adjustment and Supplemental Projects into Planning

1. Authority to Approve Adjustment and Supplemental Projects into Planning

The person with the authority to approve planning shall consider and decide on the approval of adjustment and supplemental projects into planning.

2. Responsibility for Submitting for Approval of Adjustment and Supplemental Projects into Planning

The responsibility for submitting for approval of adjustment and supplemental projects into planning is implemented correspondingly with the responsibility for submitting for approval of planning as stipulated in Clause 1, Article 30 of this Circular.

3. Dossier for Requesting Approval of Adjustment and Supplemental Projects into Planning:

a) Proposal requesting adjustment and supplementation of projects into planning;

b) Review report

d) Explanation of the adoption of opinions from related agencies (with copies of contributing documents attached);

e) Draft Decision approving adjustment and supplementation of projects into planning (according to the model at Appendix 8).

Chapter VII

ANNOUNCEMENT OF PLANNING

Article 37. Forms of Publicizing Planning

The public disclosure of planning (excluding planning containing secret contents that cannot be disclosed according to the provisions of the law) shall be implemented through one or more of the following forms:

1. Organizing conferences, seminars, press conferences to announce the planning with the participation of representatives from related organizations and agencies, the Vietnam Fatherland Front, people's representatives in the planning area, and news agencies.

2. Announcing on mass media such as radio, television, newspapers, and official websites of planning management agencies.

3. Printing in the form of books or discs for wide distribution of the planning content and system of planning maps, regulations on implementing planning management (if applicable).

Article 38. Content of Publicizing Planning

The content of publicizing and disclosing industrial and trade sector planning projects includes:

1. Decision document approving the planning.

2. Planning maps.

3. List of main investment programs and projects (name of program/project, construction location; scale/capacity; expected progress...).

Article 39. Responsibility for Publicizing Planning

1. The Ministry of Industry and Trade is responsible for publicizing national, regional industrial and trade sector planning, and planning according to the Prime Minister’s approval decision.

2. Provincial People's Committees are responsible for publicizing industrial and trade development planning approved by the provincial level.

Chapter VIII

PLANNING MANAGEMENT

Article 40. Hierarchical Management of Planning

1. The Ministry of Industry and Trade is responsible for state management of national and regional industrial and commercial development planning, and planning according to the Prime Minister’s approval decision.

2. Provincial People's Committees are responsible for managing the implementation of industrial and commercial development planning approved by the provincial level.

Article 41. Reporting and Inspection System for Planning Implementation

1. Units under the Ministry of Industry and Trade are responsible for inspecting and preparing reports on the implementation of planning assigned by the Minister to lead, sending to the Department of Planning and Synthesis for reporting to the Minister before December 20th each year.

2. Departments of Industry and Trade are responsible for compiling and reporting to the provincial People's Committee and the Ministry of Industry and Trade on the implementation of approved planning before December 10th each year.

3. The annual inspection system for planning implementation follows the current regulations of the Government and the Prime Minister.

Chapter IX

IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Circular takes effect from February 15, 2016.

2. This Circular replaces Decision No. 55/2008/QĐ-BCT dated December 30, 2008, of the Minister of Industry and Trade on the content, procedures, and processes for drafting, reviewing, and approving planning for industrial development and Circular No. 17/2010/TT-BCT dated May 5, 2010, of the Ministry of Industry and Trade on the content, procedures, and processes for drafting, reviewing, and approving planning for commercial sector development.

3. This Circular does not apply to planning projects that have been approved for planning task outlines and budget estimates prior to the date this Circular takes effect.

4. Planning projects that have not been approved for planning task outlines and budget estimates at the time this Circular takes effect shall implement according to the guidance provided in this Circular.

During implementation, if there are difficulties or obstacles, please reflect them to the Department of Planning, Ministry of Industry and Trade for research, revision, and supplementation to ensure suitability./.