Decree No. 53/2019/NĐ-CP provides detailed regulations on the establishment, review, approval, and adjustment of water resources planning; dyke systems; and flood prevention for river sections with dikes.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for the establishment, examination, approval, and adjustment of water resources planning; dike and flood control planning for river systems with dikes (hereinafter referred to as planning).

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals participating in the establishment, examination, approval, and adjustment of water resources planning; dike and flood control planning for river systems with dikes and other agencies, organizations, and individuals related thereto.

Article 3. Explanation of Terms

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

The agency responsible for planning is the specialized agency assisting the Minister of Agriculture and Rural Development in performing state management functions over water resources, disaster prevention and mitigation.

Costs for establishing, examining, deciding or approving, announcing, and adjusting planning; evaluating planning shall be carried out according to Article 9 of the Law on Planning.

Chapter II

ESTABLISHING PLANNING

Article 5. Procedures for establishing, examining, and approving planning

1. The Minister of Agriculture and Rural Development assigns the task of establishing planning to the agency responsible for planning.

2. The agency responsible for planning organizes the construction, or hires consultants to establish the task of establishing planning, and submits it to the Minister of Agriculture and Rural Development for organization of examination and approval of the task of establishing planning.

3. The agency responsible for planning selects consulting organizations to establish planning, review planning; constructs planning and sends it for comments according to the provisions of Article 11 of this Decree.

4. The agency responsible for planning incorporates, explains comments and perfects planning for submission to the planning examination council.

5. The agency responsible for planning perfects planning according to the conclusions of the planning examination council, reports to the Minister of Agriculture and Rural Development for consideration and submission to the Prime Minister for approval.

Article 6. Tasks of establishing planning

The tasks of establishing planning include the following main contents:

1. Name of planning.

2. Basis for establishing planning.

3. Planning period, boundary limits of planning.

4. Views, objectives, contents, methods of establishing planning.

5. Time limit for establishing planning.

6. Components, quantity, and standards, specifications of planning products.

7. Costs for establishing planning.

Article 7. Examination of the task of establishing planning

1. The Minister of Agriculture and Rural Development decides to establish the examination council for the task of establishing planning.

2. The examination council for the task of establishing planning has at least nine members, including the Chairman, Vice-Chairman, and members of the council; the Chairman is the Leader of the Ministry of Agriculture and Rural Development, the members of the council are representatives of the Ministry of Finance, the Ministry of Planning and Investment, specialized agencies under the Ministry of Agriculture and Rural Development, and experts in planning.

3. The examination meeting for the task of establishing planning shall be held when at least two-thirds (2/3) of the members of the examination council are present, including the Chairman or Vice-Chairman.

4. Decision-making mechanism of the examination council

a) The examination council for the task of establishing planning works in a collective manner, openly discusses, and votes by ballot according to the majority principle;

b) The task of establishing planning is eligible for approval when at least three-quarters (3/4) of the members of the examination council present at the meeting vote in favor of its approval or approval with amendments.

5. Documents for examination of the task of establishing planning include:

a) Request for approval of the task of establishing planning;

b) Draft decision on approval of the task of establishing planning;

c) Task of establishing planning;

d) Other documents (if any).

6. Contents of examination of the task of establishing planning:

a) The appropriateness of legal bases;

b) The appropriateness, scientific nature, reliability of the content and method of establishing planning;

c) The appropriateness between the content of the task of establishing planning and the budget and funding sources for establishing planning;

d) The feasibility of the plan for establishing planning.

7. The examination council for the task of establishing planning shall not exceed thirty days when all examination documents are available.

8. Minutes of the examination meeting for the task of establishing planning

a) The minutes of the examination meeting for the task of establishing planning must clearly reflect the opinions of the council members and the conclusion of the Chairman;

b) Within ten days from the date of the examination council meeting, the council is responsible for completing the minutes of the examination meeting for the task of establishing planning;

c) Within fifteen days from the date of receipt of the minutes of the examination meeting for the task of establishing planning, the agency responsible for planning completes the documents and submits them to the Minister of Agriculture and Rural Development for approval.

Article 8. Approval of planning assignment tasks

1. Competence to approve planning assignment tasks The Minister of Agriculture and Rural Development shall approve planning assignment tasks.

2. Documents for submission to approve planning assignment tasks include:

a) Request for approval of the task of establishing planning;

b) Draft Decision of the Minister of Agriculture and Rural Development approving the planning assignment tasks along with the planning assignment tasks;

c) Minutes of the meeting to review the planning assignment tasks;

d) Other documents (if any).

3. The approval decision on planning assignment tasks shall include the following main contents:

a) Name of the plan, period of the plan, scope of the plan boundary;

b) Requirements regarding viewpoints, objectives, principles of planning;

c) Requirements regarding content, methods of planning;

d) Time limit for planning;

đ) Provisions on components, quantity, and standards, specifications of planning dossier;

e) Costs for planning.

Article 9. Selection of consulting organizations to establish planning assignment tasks, planning consulting organizations, and planning review consulting organizations

1. The planning establishment agency has the responsibility to organize the selection of consulting organizations to build planning assignment tasks, planning consulting organizations, and planning review consulting organizations.

2. The selection of consulting organizations to establish planning assignment tasks, planning consulting organizations, and planning review consulting organizations shall be carried out in accordance with the provisions of the law on bidding and other relevant laws.

3. Requirements for the capacity of consulting organizations to establish planning assignment tasks

a) Consulting organizations establishing planning assignment tasks must be organizations that have established or reviewed at least one plan in the same field, having at least one consultant meeting the conditions stipulated in point b, Clause 3, Article this;

b) The leading consultant in establishing planning assignment tasks must hold a bachelor's degree or higher in water resources engineering or related fields necessary for the planned plan, with at least 10 years of experience in the field of planning.

4. Requirements for the capacity of consulting organizations to establish plans

a) Consulting organizations establishing plans must be organizations with legal personality, having established at least one plan in the same field, having at least one consultant meeting the conditions stipulated in point b, Clause 3, Article this and at least five consultants meeting the conditions stipulated in point c, Clause 4, Article this;

b) Leading consultants in specialized planning projects must hold a bachelor's degree or higher in water resources engineering or related fields necessary for the planned plan, having led at least one plan in the same field or directly participated in at least two plans in the same field;

c) Leading consultants in the main topics of the plan must hold a bachelor's degree or higher in water resources engineering or related fields necessary for the planned plan and have directly participated in at least one plan in the same field.

5. Requirements for the capacity of consulting organizations to review plans

a) Consulting organizations reviewing plans must be organizations that have reviewed at least one plan in the same field, having at least one consultant meeting the conditions stipulated in point b, Clause 5, Article this;

b) The leading consultant in the task of reviewing plans must hold a bachelor's degree or higher in water resources engineering or related fields necessary for the planned plan, with at least 10 years of experience in the field of planning.

Article 10. Principles and Content of Planning

1. The principles and content of water conservancy planning shall be implemented in accordance with the provisions of Clause 3 and Clause 4, Article 14 of the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning.

2. The principles and content of dike planning shall be implemented in accordance with the provisions of Point a, Clause 9, Article 13 of the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning and Article 15 of the Dike Law.

3. The principles and content of flood prevention planning for river sections with dikes shall be implemented in accordance with the provisions of Clause 3 and Clause 4, Article 13 of the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning.

Article 11. Soliciting Opinions on Planning

1. The entities solicited for opinions on planning include the Ministries of Planning and Investment, Finance, Natural Resources and Environment, Construction, Industry and Trade, Transport, and other ministries and agencies related to planning; People's Committees of provinces within the scope of planning; relevant organizations and individuals.

2. In cases where the planning scheme involves borders, islands, national defense, security, the Ministry of Agriculture and Rural Development shall seek opinions from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs before submitting the planning scheme for solicitation of opinions.

3. Soliciting opinions from ministries, agencies at the level of ministries, provincial people's committees, and relevant organizations on planning shall be carried out as follows:

a) The Ministry of Agriculture and Rural Development shall send the opinion solicitation dossier including the planning report, strategic environmental assessment report, system diagrams, and maps showing the planning scheme.

b) The entities asked for opinions shall have the responsibility to reply in writing within thirty days from the date of receipt of the opinion solicitation dossier.

4. Soliciting opinions from other relevant agencies, organizations, and individuals shall be conducted by posting the draft planning scheme on the website of the planning agency (except for contents related to state secrets as prescribed by law) for at least thirty days from the date of posting the opinion solicitation dossier.

5. The planning agency shall compile opinions and provide explanations and incorporate them before submitting the planning scheme for review.

Chapter III

REVIEW AND APPROVAL OF PLANNING

Article 12. Planning Review Board

1. The Minister of Agriculture and Rural Development decides to establish the Planning Review Board and the Supporting Team of the Board.

2. The Planning Review Board shall consist of at least eleven members, including:

a) The Chairman of the Board is a leader of the Ministry of Agriculture and Rural Development;

b) The Vice-Chairman of the Board;

c) Members of the Board include representatives of the Ministries of Planning and Investment, Finance, Natural Resources and Environment, Construction, Industry and Trade, representatives of provincial people's committees within the scope of planning, representatives of the planning agency, some departments under the Ministry of Agriculture and Rural Development, experts in planning, including two members as critical reviewers.

3. Responsibilities and Authorities of the Planning Review Board

a) The Chairman of the Board is responsible for the activities of the Planning Review Board; organizing and chairing meetings of the Board; assigning tasks to members of the Board; reporting the results of the planning review;

b) Critical reviewers have the responsibility to attend all meetings of the Board; studying the dossier submitted for planning review; preparing written critical opinions to be sent to the Supporting Team of the Board before the Board meeting;

c) Members of the Board shall attend meetings of the Board; study the dossier submitted for planning review; prepare written opinions at Board meetings regarding their specialized fields and other tasks assigned by the Chairman of the Board; they have the right to reserve their opinions.

4. The Supporting Team of the Planning Review Board has the responsibility to receive, study, and process dossiers; providing the dossier for planning review to members of the Board for study and participation in opinions; organizing Board meetings upon request of the Chairman of the Board; drafting minutes of the Board meetings, drafting the Report on Planning Review.

Article 13. Documents for Review of Planning Scheme

1. Summary report; comprehensive planning report; system of planning maps.

2. Strategic environmental assessment report.

3. Comprehensive report on comments from agencies, organizations, communities, and individuals regarding the planning scheme; copies of comments from ministries, ministerial-level agencies, and relevant localities; report on explanations and adoption of comments on the planning scheme.

4. Review report of the consulting organization.

5. Other documents (if any).

Article 14. Content of Review of Planning Scheme

1. Compliance with approved planning tasks.

2. Scientific nature and reliability of planning methods and solutions.

3. Consistency among main topics of the planning scheme to be established.

4. Integration with infrastructure planning schemes and related planning schemes.

5. Feasibility of the planning scheme.

Article 15. Review of Planning Scheme

1. The agency drafting the planning scheme sends the review documents to the Review Council through the Council's Working Group to send to members of the Review Council.

2. Within twenty days from the date of receipt of the review documents, the reviewing members must submit their written opinions to the Review Council through the Council's Working Group to organize a meeting.

In case necessary, the Review Council solicits expert opinions, social-professional organizations, and other related organizations on the content of the planning scheme through organizing conferences, seminars, specialized roundtables, and consolidating opinions to report to the Review Council; the Review Council has the right to request the agency submitting the review to provide additional information and explain related contents.

3. The review meeting shall be held when at least two-thirds (2/3) of the members of the Review Council are present, including the Chairman or Vice-Chairman and two reviewing members.

4. Decision-making mechanism of the examination council

a) The Review Council operates in a collective manner, conducts public discussions, and votes by ballot according to the majority rule;

b) The planning scheme is eligible for approval when at least three-quarters (3/4) of the members of the Review Council present vote to approve it or approve it with amendments.

5. Report on the Results of Reviewing the Planning Scheme

a) Within ten days from the date of the Review Council meeting, the Council is responsible for completing the report on the results of reviewing the planning scheme;

b) The report on the results of reviewing the planning scheme must clearly reflect the opinions of the Council members and the conclusion of the Chairman of the Review Council.

6. In case the planning scheme is approved or approved with amendments by the Review Council, within thirty days from the date of receipt of the report on the results of reviewing the planning scheme, the agency drafting the planning scheme is responsible for completing the documents and reporting to the Minister of Agriculture and Rural Development. In case the planning scheme is not approved by the Review Council, within ninety days from the date of receipt of the report on the results of reviewing the planning scheme, the agency drafting the planning scheme is responsible for revising and completing the documents and reporting to the Ministry of Agriculture and Rural Development.

Article 16. Approval of Planning Scheme

The Minister of Agriculture and Rural Development submits to the Prime Minister for approval of the planning scheme, including the following documents:

1. Request for approval of the planning scheme.

2. Draft Decision of the Prime Minister approving the planning scheme, mainly including: Planning period, scope of planning, viewpoints, objectives, planning solutions, implementation budget, and organizational structure.

3. Report on reviewing the planning scheme.

4. Report on explanations and adoption of comments from the Review Council on the content of the planning scheme.

5. Comprehensive report on comments from agencies, organizations, communities, and individuals regarding the planning scheme; copies of comments from ministries, ministerial-level agencies, and People's Committees of provinces within the scope of the planning scheme; report on explanations and adoption of comments on the planning scheme.

6. Report on the planning scheme explanation that has been revised and completed.

7. Report on the results of reviewing the strategic environmental assessment report.

8. System of diagrams and maps about the planning scheme.

Chapter IV.

AMENDMENT OF THE PLAN

Article 17. Authority to Amend the Plan

The Prime Minister decides to approve the amendment of the plan for water conservancy; dike and flood control along river courses with dikes.

Article 18. Basis for Amending the Plan

The amendment of the plan for water conservancy; dike and flood control along river courses with dikes shall be carried out when there is one of the bases stipulated in Article 53 of the Law on Planning.

Article 19. Procedures and Formalities for Amending the Plan

1. In cases where the amendment changes the objectives of the plan, it shall be implemented according to the provisions of Chapter II and Chapter III of this Decree.

2. In cases where the amendment is partial and does not change the overall objectives and specific objectives (if any) of the approved plan, it shall be carried out as follows:

a) Ministries, ministerial-level agencies, and provincial People's Committees within the scope of planning shall prepare and submit requests for amendment to the Ministry of Agriculture and Rural Development.

b) The request for amendment includes: A document requesting the amendment of the plan; An explanatory report on the amendment and other relevant documents (if any).

c) The Ministry of Agriculture and Rural Development shall compile and submit to the Prime Minister for decision.

Chapter V

IMPLEMENTATION

Article 20. Ministry of Agriculture and Rural Development

1. Issuing or submitting to competent state agencies for issuance and organizing the implementation of legal normative documents on planning for water conservancy; dike and flood control along river courses with dikes.

2. Submitting to competent state agencies for issuance of plans, policies, solutions, and allocation of resources for planning activities.

3. Leading and coordinating with ministries, sectors, and provincial People's Committees to implement the plan; supervising and evaluating the implementation of the plan annually.

4. Organizing the publication, public disclosure, archiving, and provision of information about the plan in accordance with the law.

5. Establishing national standards, issuing national technical regulations, and economic-technical norms for planning activities.

6. Leading and coordinating with related agencies in international cooperation on planning activities.

7. Leading and coordinating in organizing and managing training, capacity building, research, and application of science and technology in planning activities.

8. Coordinating with related agencies and organizations to disseminate and educate the law on planning.

9. Inspecting, auditing, resolving complaints and denunciations, and handling violations of the law on planning.

10. Awarding units, organizations, and individuals who have achievements in planning activities.

Article 21. Ministries and Ministerial-Level Agencies

Ministries and ministerial-level agencies within their functions and tasks shall coordinate with the Ministry of Agriculture and Rural Development to organize and implement planning activities.

Article 22. Provincial People's Committee

1. Coordinate with the Ministry of Agriculture and Rural Development in planning activities.

2. Ensuring that the contents of water conservancy, dike, and flood control along river courses with dikes in provincial planning are consistent with the plan for water conservancy; dike and flood control along river courses with dikes.

3. Coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Agriculture and Rural Development to determine the structure of investment capital from the State budget and other lawful sources in implementing the plan.

4. Coordinate with the Ministry of Agriculture and Rural Development and other ministries and sectors to inspect, supervise, and evaluate the implementation of the plan in their respective areas.

5. Regularly report annually to the Ministry of Agriculture and Rural Development on planning activities in their respective areas.

6. Inspect, audit, resolve complaints and denunciations, and handle violations of the law on planning in their respective areas.

7. Award units, organizations, and individuals who have achievements in planning activities in their respective areas.

Chapter VI.

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Decree takes effect from the date of issuance.

Article 24. Responsibility for Implementation

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

2. The Ministry of Agriculture and Rural Development within its functions and tasks shall be responsible for organizing and guiding the implementation of this Decree./.