DECREE NO. 56/2019/ND-CP PROVIDES DETAILED REGULATIONS ON IMPLEMENTATION OF CERTAIN PROVISIONS RELATED TO THE TRANSPORT SECTOR IN THE LAW AMENDING AND COMPLEMENTING SOME ARTICLES OF 37 LAWS RELATED TO PLANNING.

DECREE

Detailed Implementation of Certain Provisions Related to the Field of Transportation in the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning

Detailed Implementation of Certain Provisions Related to the Field of Transportation in the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning

Detailed Implementation of Certain Provisions Related to the Field of Transportation in the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning

                                     

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning dated November 20, 2018;

At the proposal of the Minister of Transport;

The Government issues this Decree detailing the implementation of certain provisions related to the field of transportation in the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the procedures for establishing, reviewing, approving, announcing, implementing, evaluating, and adjusting technical and specialized planning as stipulated in Clause 2 Article 1, Clause 6 Article 2, Clause 10 Article 2, and Clause 2 Article 3 of the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals involved in establishing, reviewing, approving, announcing, organizing implementation, evaluating, and adjusting technical and specialized planning in the field of transportation (hereinafter referred to as planning).

Article 3. Agencies Organizing the Establishment of Planning and Agencies Establishing Planning

1. The agency organizing the establishment of planning is the Ministry of Transport.

2. The agency establishing planning is a specialized agency under the Ministry of Transport assigned the responsibility to establish technical and specialized planning in the field of transportation.

Article 4. Conditions Regarding Professional Capacity for Consulting Organizations Establishing Planning

1. Consulting organizations establishing planning must have consulting experts meeting the conditions specified in Clause 2 and Clause 3 of this Article.

2. Consulting experts who are project leaders for planning must have at least equivalent experience as project leaders for planning or have led the implementation of at least two lower-level plans or directly participated in establishing at least three plans in the same field.

3. Consulting experts participating in establishing planning must hold a bachelor's degree or higher in the same field as the planning to be established and have at least three years of professional experience in their respective fields.

Article 5. Costs for Planning Activities

Costs for establishing, reviewing, approving, announcing, evaluating, and adjusting planning are sourced from regular budget funds according to laws on state budget or other lawful sources.

Chapter II

ESTABLISHING PLANNING

Section 1

ORGANIZING THE ESTABLISHMENT OF PLANNING

Article 6. Responsibilities of the Agency Organizing the Establishment of Planning

1. Decide on the agency establishing planning.

2. Review and approve the tasks of establishing planning.

3. Solicit opinions from relevant agencies, organizations, and individuals.

4. Submit the planning for approval by the Prime Minister or decide to approve the planning within its authority.

Article 7. Responsibilities of the Agency Establishing Planning

1. Lead and coordinate with relevant agencies and organizations to build and submit the tasks of establishing planning; send review files to relevant agencies and organizations for review.

2. Select consulting organizations for establishing planning in accordance with regulations.

3. Implement the establishment of planning according to approved planning tasks.

4. Provide complete documentation and material resources as required for the Review Board and relevant agencies when participating in opinions, reviews, and approvals of planning.

Article 8. Responsibilities of Consulting Organizations for Planning

1. Bear responsibility for the content according to the contract, including quantity, time of implementation, accuracy, and quality of the planning product.

2. Coordinate with relevant agencies, organizations, and individuals during the planning process.

Article 9. Time Limit for Planning

1. The deadline for establishing the planning assignment shall not exceed three months.

2. The planning period according to the approved planning assignment.

3. The deadlines for establishing the planning assignment and for planning as stipulated in Clause 1 and 2 of this Article do not include the time for reviewing and approving the planning assignment and the time for reviewing and approving the plan.

Section 2

PLANNING ASSIGNMENT

Article 10. Content of Planning Assignment

1. Basis for establishing the planning assignment:

a) National sectoral plans, regional plans, and provincial plans related to the subject;

b) Relevant legal normative documents;

c) Reports on reviewing and evaluating the implementation of previous planning periods.

2. Content of the planning assignment:

a) Basis for planning;

b) Views and objectives of planning;

c) Scope, subjects, and period of planning;

d) Determination of key tasks of the plan;

đ) Forecast of prospects and development needs during the planning period;

e) Requirements regarding the content and methods of planning;

g) Requirements and tasks for strategic environmental assessment;

h) Requirements for planning products (components, quantities, standards, formats of documentation);

i) Deadline for planning, planning schedule, and responsibilities of agencies in organizing the planning process;

k) Budget estimate for planning.

Article 11. Organization of Reviewing the Planning Assignment

1. The agency responsible for organizing the planning bears the responsibility for organizing the review of the planning assignment in the form of establishing a Review Board or entrusting a competent unit to conduct the review.

2. Documents submitted for reviewing the planning assignment include the following:

a) Petition for reviewing the planning assignment;

b) Report explaining the planning assignment;

c) Other relevant materials (if any).

3. Content of reviewing the planning assignment:

a) Compliance with legal bases;

b) Suitability, scientific nature, and reliability of the content and methods of planning;

c) Consistency between the content of the planning assignment and the budget estimate and funding sources for planning;

d) Feasibility of the planning schedule.

4. The time limit for reviewing the planning assignment shall not exceed forty-five days from the date the Review Board or the competent unit receives all documents for review.

5. Report on reviewing the planning assignment:

a) The report on reviewing the planning assignment must reflect the contents as prescribed in Clause 3 of this Article;

b) Within ten days from the end of the review, the Review Board or the competent unit must submit the Report on reviewing the planning assignment to the planning agency;

c) Within fifteen days from receiving the Report on reviewing the planning assignment, the planning agency has the responsibility to study, explain, incorporate comments from the review, and revise and complete the documents for approval of the planning assignment.

Article 12. Approval of the Planning Assignment

1. Documents submitted for approval of the planning assignment include the following:

a) Petition for approval of the planning assignment;

b) Draft Decision on approving the planning assignment;

c) Report on reviewing the planning assignment;

d) Report on explanations and incorporation of Review Board comments (if any) on the content of the planning assignment;

đ) Report explaining the planning assignment that has been revised and completed;

e) Other documents (if any).

2. The Decision on approving the planning assignment includes the main contents as follows:

a) Name of the plan, planning period, scope, and subjects of the plan;

b) Views, goals, and principles of planning;

c) Requirements regarding the content and methods of planning;

d) Deadline for planning;

đ) Quantity and standards, formats of planning documentation;

e) Costs for planning;

g) Responsibilities for resolving issues arising during the planning process;

h) Other contents assigned by the agency approving the planning assignment.

Section 3

CONTENT OF THE PLAN AND PUBLIC CONSULTATION ON THE PLAN

Article 13. Content of Planning

1. The main content of planning for road transport infrastructure structure, detailed planning for groups of seaports, wharfs, port terminals, buoy berths, water areas, seaport land and water areas, planning for development of inland container terminal systems, railway line planning, railway station planning shall be carried out in accordance with the provisions of Clause 2, Article 1, Clause 6, Article 2, and Clause 10, Article 3 of the Law Amending and Supplementing Certain Provisions of 37 Related Laws on Planning.

2. Depending on the nature and requirements of the planning, the agency organizing the planning shall determine the scope, objects, and detailed content of the plans mentioned in Clause 1 of this Article and related works in the planning task.

Article 14. Soliciting Opinions on Planning

1. The subjects soliciting opinions on planning include relevant ministries, sectors, and provincial People's Committees. Depending on the nature of the planning, the agency organizing the planning decides to solicit opinions from agencies, organizations, individuals, or publish on the electronic information website of the agency organizing the planning and the planning agency to perfect the draft planning.

2. Soliciting opinions from ministries, sectors, provincial People's Committees, and related organizations on planning shall be carried out as follows:

a) The agency organizing the planning sends the opinion solicitation dossier including the planning report and the map showing the content of the planning.

b) Agencies asked for opinions have the responsibility to reply in writing within 15 days from the date of receipt of the opinion solicitation dossier.

c) The planning agency compiles opinions and explains, absorbs opinions, reports to the agency organizing the planning for review before submitting the planning for examination.

Chapter III

REVIEWING, APPROVING AND ANNOUNCING PLANNING

Section 1

REVIEWING PLANNING

Article 15. Authority to Review Planning

The agency organizing the planning establishes a Review Board to organize the review of planning.

Article 16. Review Board for Planning

1. The Review Board for Planning consists of the Chairman of the Board and members of the Board. The Chairman of the Board is the leader of the Ministry of Transport. Members of the Review Board are representatives of ministries, sectors, and some localities within the scope of planning, representatives of the planning agency, and some agencies under the Ministry of Transport, experts in planning (if necessary), including two members as critical reviewers.

The specific composition of the Review Board and organizations and individuals participating in critical reviews in the Review Board are decided by the agency organizing the planning or the Chairman of the Board. The Review Board for Planning operates in a collective manner.

2. The Chairman of the Review Board has the following responsibilities and authorities:

a) To be responsible for the activities of the Review Board. Organize and chair meetings of the Review Board.

b) Assign tasks to members of the Review Board.

c) Approve the report on the results of the planning review.

d) Decide on selecting consulting organizations for review and critical reviewers.

3. Members of the Review Board have the following responsibilities and authorities:

a) Attend meetings of the Review Board.

b) Study the dossier submitted for review, participate in discussions at the Review Board meeting on their specialized fields and general issues.

c) Have the right to retain their own opinions.

4. Organizations and individuals participating in critical reviews have the following responsibilities and authorities:

a) Attend meetings of the Review Board.

b) Study the dossier submitted for review, provide critical comments in writing to the Review Board for compilation.

c) Receive remuneration for critical reviews of planning according to regulations.

Article 17. Documents for Review of Planning

1. The documents for review of planning include the following main documents:

a) Proposal for approval of planning;

b) Planning report;

c) Draft decision on approval of planning;

d) Report summarizing opinions from relevant agencies, organizations, and individuals regarding the planning; copies of opinions from related ministries, agencies, and localities; report explaining and incorporating opinions on the planning;

đ) Strategic environmental assessment report;

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

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

Article 18. Soliciting Opinions During the Review Process of Planning

1. Within ten working days from the date of receiving the documents for review of planning, if the documents meet the conditions for organizing the review, the Planning Review Board shall send the documents for review of planning to the members of the Planning Review Board to solicit their opinions.

2. Within fifteen working days from the date of receiving the documents for review of planning, the members of the Planning Review Board shall submit their opinions in writing to the permanent office of the Planning Review Board for consolidation.

3. In necessary cases, the Planning Review Board decides to solicit opinions from experts, professional associations, and other related organizations; decides to select independent consulting organizations to provide feedback on one or more aspects of the planning. Within thirty working days from the date of receiving the documents requesting feedback on the planning, the consultants must submit their opinions in writing to the Planning Review Board for consolidation.

Article 19. Meeting for Review of Planning

1. Within fifteen working days from the date of receiving the participation opinions of the members of the Planning Review Board.

The Planning Review Board must consolidate the opinions and present to the Chairman of the Planning Review Board about organizing the meeting for reviewing the planning.

2. The Planning Review Board conducts the meeting for reviewing the planning when fulfilling the following conditions:

a) At least two-thirds (two-thirds) of the members of the Planning Review Board attend the meeting;

b) Representatives of the agency organizing the planning, the planning establishment agency, and the consulting organization establishing the planning are present.

3. The Planning Review Board operates under a collective system, openly discusses, and votes by majority to approve the planning and adopt the minutes of the meeting for reviewing the planning.

4. The planning is eligible for submission for decision or approval when at least three-quarters (three-quarters) of the participating members vote to approve the planning.

Article 20. Handling of Planning After the Meeting for Review

1. In the case where the planning is eligible for submission for decision or approval without requiring amendments or supplements, within fifteen working days from the end of the meeting for reviewing the planning, the Planning Review Board shall submit to the Chairman of the Planning Review Board for approval of the report on the results of the review of the planning to be sent to the planning establishment agency to complete the documents for approval of the planning.

2. In the case where the planning is eligible for approval but requires amendments or supplements, the handling procedure is as follows:

a) Within ten working days from the end of the meeting for reviewing the planning, the Planning Review Board sends a conclusion document to the planning establishment agency for study and amendment;

b) Within twenty working days, the planning establishment agency amends and completes the planning according to the conclusions of the Planning Review Board and resubmits it to the Planning Review Board, accompanied by a document explaining the incorporation of the Planning Review Board's opinions;

c) The Planning Review Board accepts the amended planning project documents, reviews the amended content, and requests opinions from the members of the Planning Review Board (if necessary);

d) In the case where the planning is eligible for approval, the Planning Review Board prepares a report on the review of the planning to be submitted to the Chairman of the Planning Review Board for approval, to be sent to the planning establishment agency to complete the documents for approval of the planning;

đ) In the case where the planning does not fully meet the requirements for amendment and supplementation set by the Planning Review Board, the Planning Review Board issues a guidance document for amendment and supplementation to be sent to the planning establishment agency within ten working days from the date of receiving the amended planning documents.

3. In the case where the planning is not eligible for submission for approval, within ten working days from the end of the meeting for reviewing the planning, the Planning Review Board shall send the conclusion document of the Planning Review Board to the planning establishment agency for review and adjustment of the planning documents.

Section 2

APPROVAL AND ANNOUNCEMENT OF PLANNING

Article 21. Submission and Approval of Planning

1. The authority to approve planning is stipulated in Clause 2, Article 1, Clause 5, Clause 6, Clause 10, Article 2, and Clause 2, Article 3 of the Law Amending and Supplementing Certain Articles of 37 Related Laws on Planning.

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

a) A proposal requesting approval of the planning;

b) An integrated report and a summary report of the completed planning;

c) A report on the results of the review; a strategic environmental assessment report;

d) A draft Decision approving the planning;

đ) Other documents (if applicable);

3. Planning is approved by a decision approving the planning.

4. The contents of the approval of planning include the main provisions stipulated in Clause 2, Article 1, Clause 6, Article 2, Clause 10, Article 2, and Clause 2, Article 3 of the Law Amending and Supplementing Certain Articles of 37 Related Laws on Planning.

Article 22. Publication of Planning

1. The time for publication of planning shall be carried out in accordance with the law on planning, except for contents related to state secrets as prescribed by the law on protecting state secrets.

2. The Ministry of Transport and the agency drafting the planning shall organize the publication of planning within their jurisdiction.

3. Publication of planning through mass media shall be conducted in one of the following forms:

a) Organizing a press conference to announce the content of the planning and the approval decision;

b) Announcing on national radio and television stations or provincial radio and television stations about the approval of planning and the list of priority investment projects during the planning period; publishing a summary of the planning content in one or several central and local newspapers;

c) Publicly displaying diagrams, maps, and the approval decision at the agency organizing the planning and the drafting agency;

d) Organizing a meeting to disseminate the approved planning content;

đ) Publishing printed materials (books, videos, etc.) on the content of the planning;

e) Posting on the website of the agency organizing the planning or the drafting agency.

Chapter IV

IMPLEMENTATION, EVALUATION, AND ADJUSTMENT OF PLANNING

Article 23. Implementation of Planning

The implementation of planning shall be carried out within the scope and tasks assigned in the approval decision of the competent authority.

Article 24. Evaluation and Review of Planning Implementation

1. The evaluation of planning implementation shall be conducted according to the planning period, when adjusting planning, or upon request of the agency organizing the planning.

2. Contents of the evaluation of planning implementation:

a) Results of achieving the planning objectives;

b) Relevant impacts on economic and social development, defense and security within the planning area;

c) Evaluation of the implementation of priority investment projects during the planning period based on criteria: List and investment plan of projects (by funding source) already implemented; List of projects that have commenced operation and their economic and social benefits, environmental impact; List of priority investment projects during the planning period not yet implemented, reasons for non-implementation, difficulties, and obstacles;

d) Evaluation of policies and measures for implementing the planning.

3. Planning shall be reviewed periodically every five years or in special cases as decided by the competent authority approving the planning to adjust it appropriately to the economic and social development situation in each stage. The drafting agency is responsible for organizing the review of planning; the results of the review must be reported in writing to the competent authority approving the planning.

Article 25. Adjustment of planning

1. Adjustment of the planning scheme shall be carried out when there is one of the following grounds:

a) There is an adjustment of national-level planning, higher-level planning, or same-level planning that changes the planning objectives;

b) There are changes to the input factors in the initial planning task such as transport demand, socio-economic development...;

c) Due to the impact of natural disasters, climate change, war, which alters the planning objectives, orientation, territorial spatial organization;

d) Due to abnormal fluctuations in socio-economic conditions limiting the resources for implementing the plan;

đ) Adjusting the plan to achieve higher effectiveness than the initial planning scheme or during detailed research, reasonable and effective aspects are discovered, or when studying projects during the implementation of the plan, issues arise proposing higher effectiveness;

e) Due to requirements for ensuring national defense and security; due to the development of science and technology changing fundamentally the implementation of the plan.

2. Partial adjustment of planning shall be made when meeting one of the following criteria:

a) Major works with the scope, capacity expected to be adjusted changing by less than 25% of the total land area requirement, capacity of the plan;

b) Linear works with the land use area adjusted changing by less than 15% of the total land area requirement, but the length of the route changing under 15%;

c) Partially adjusting the contents of the plan without affecting the planning objectives, viewpoints, development directions, approved implementation solutions, and ensuring the consistency of plans in the region.

Article 26. Procedures, formalities, and authority for adjusting planning

1. The procedures and formalities for adjusting planning are carried out as stipulated for the establishment, review, approval, publication, and provision of information on planning as provided for in this Decree.

2. The procedures and formalities for partially adjusting planning are carried out as follows:

a) The Ministry of Transport assigns the planning establishment agency to carry out the establishment and submission of the report on partial adjustment of planning.

b) The Ministry of Transport reviews and solicits opinions from relevant ministries, sectors, and localities.

c) Submit to the competent authority for approval of partial adjustment of planning.

3. The authority approving the planning has the authority to approve the adjustment of planning.

4. The planning establishment agency is responsible for establishing the adjustment of planning.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Transitional Provisions

1. Approved transportation planning with equivalent scope and scale to technical and specialized planning as prescribed in this Decree shall be implemented and adjusted until such technical and specialized planning is established, reviewed, and approved as prescribed in this Decree.

2. Technical and specialized transportation planning shall be established, reviewed, and approved in accordance with the provisions of this Decree.

Article 28. Effective Date

This Decree shall take effect from the date of issuance.

Article 29. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.