Decree No. 58/2023/ND-CP amends and supplements some articles of Decree No. 37/2019/ND-CP dated May 7, 2019 of the Government detailing certain provisions of the Law on Planning.

 

 

DECREE

Amending and supplementing some articles of Decree No. Decision No. 37/2019/NĐ-CP dated May 7, 2019 of the Government detailing certain provisions of the Planning Law

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Pursuant to the Law on the Organization of the State Administration dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the State Administration and the Law on the Organization of Local Administration;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law Amending and Supplementing Some Provisions of 11 laws related to planning dated June 15, 2018;

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

Pursuant to Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly, the fifteenth session, on further strengthening the effectiveness of implementation of policies and laws on planning and some solutions to remove difficulties, obstacles, accelerate progress in planning and improve the quality of planning for the period 2021-2030;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree amending and supplementing certain articles of Decision No. 37/2019/NĐ-CP dated May 7, 2019 of the Government detailing certain provisions of the Planning Law.

 

Article 1. Amending and supplementing certain provisions of the Governmental Decree No. Decision No. 37/2019/NĐ-CP dated May 7, 2019 of the Government detailing the implementation of certain provisions of the Planning Law

1. Amend and supplement Article 1 as follows:

"Article 1. Scope of Regulation

This Decree details certain contents at Articles 10, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 30, 37, 40, 41, 45 and 49 of the Planning Law.”

2. Supplement Article 3a following Article 3 as follows:

Article 3a. Sources of support for planning activities

1. The sources of support for planning activities of domestic organizations and individuals and foreign organizations and individuals include funding, research results of agencies, organizations, experts (including voluntary experts), awards for organizations and individuals whose planning ideas are selected based on the results of planning idea competitions organized by the planning agency (if any); inputs for organizing conferences, seminars, training sessions, research, surveys, and training, and shall be received, managed, and used as follows:

a) The sources of support for planning activities of foreign agencies, organizations, and individuals shall be received, managed, and used in accordance with the laws on the management and use of official development assistance (ODA) funds, preferential loans, and non-refundable aid not included in ODA from foreign agencies, organizations, and individuals for Vietnam.

b) The sources of support for planning activities in the form of funding from domestic agencies, organizations, and individuals shall be received, managed, and used in accordance with the laws on state budget.

c) The sources of support for planning activities in the form of research results of agencies, organizations, and experts; awards for organizations and individuals whose planning ideas are selected based on the results of planning idea competitions organized by the planning agency (if any); inputs for organizing conferences, seminars, training sessions, research, surveys, and training shall be received, managed, and used in accordance with the laws on planning and other relevant laws.

2. Principles for providing support and using the sources of support for planning activities of domestic organizations and individuals and foreign organizations and individuals

a) Ensuring objectivity, transparency; achieving the goals and purposes; being economical and effective;

b) Voluntary; for the common benefit of the community and society, without personal gain;

c) Not accepting support from domestic organizations and individuals and foreign organizations and individuals for the preparation and review of planning tasks.

3. Ministries, ministerial-level agencies, provincial People's Committees under central cities, and related agencies shall decide or submit to competent authorities for decision on receiving the sources of support for planning activities of domestic organizations and individuals and foreign organizations and individuals in accordance with the law.

4. Agencies receiving, managing, and using the sources of support for planning activities of domestic organizations and individuals and foreign organizations and individuals must be responsible for the management and use of the sources of support in accordance with the laws on planning and other relevant laws.

5. The content of planning and the preparation, review, decision-making, approval, publication, evaluation, and adjustment of planning in cases where the sources of support for planning activities of domestic organizations and individuals and foreign organizations and individuals are used must be consistent with the planning tasks approved by competent state authorities and implemented in accordance with the laws on planning.

6. The sources of support for urban planning and rural planning activities of domestic organizations and individuals and foreign organizations and individuals shall be received, managed, and used in accordance with the laws on urban planning and construction laws.”

3. Supplement Article 7a, Article 7b, and Article 7c after Article 7 as follows:

Article 7a. Procedure for preparing national sectoral planning

1. National sectoral planning is prepared according to the procedure stipulated in Clause 2, Article 16 of the Planning Law.

2. Strategic environmental assessment for national sectoral planning shall be carried out in accordance with the provisions of Clauses 1, 3, 4, 5, and 6, Article 26 of the Environmental Protection Law. The planning agency is responsible for soliciting comments from the Ministry of Natural Resources and Environment in writing simultaneously with the solicitation of comments on the planning. The Ministry of Natural Resources and Environment has the responsibility to reply in writing including the content of the planning and the content of the strategic environmental assessment report for the planning.

3. The agency preparing national sectoral planning must select an organization to conduct strategic environmental assessment for the planning if it is required to do so.

Article 7b. Procedure for Compiling Regional Planning

1. Regional planning is compiled according to the procedure prescribed in Clause 3, Article 16 of the Law on Planning.

2. Reviewing components of regional planning:

a) The agency organizing the compilation of the planning component shall establish a Review Board to review the planning component. The Review Board operates in a collective manner, conducts public discussions, and votes by majority to approve the planning component. The composition and operational rules of the Review Board are decided by the agency organizing the compilation of the planning component;

b) The content of reviewing the planning component includes its compliance with the tasks of compiling the planning, its compliance with the provisions of the law on planning, and other relevant laws;

c) The review report of the planning component must clearly reflect the opinions of the Review Board regarding the review content at point b of this clause and the conclusion on whether the planning component meets the conditions or not to be submitted to the agency compiling the regional planning and to be sent to the agency compiling the planning component for consideration, explanation, and improvement of the planning component;

d) The agency organizing the compilation of the planning component is responsible for submitting the review report and the improved planning component report to the agency compiling the regional planning according to the opinions of the Review Board.

3. Strategic environmental assessment for regional planning is carried out in accordance with the provisions of Clauses 1, 3, 4, 5, and 6 of Article 26 of the Environmental Protection Law. The agency compiling the planning is responsible for soliciting comments from the Ministry of Natural Resources and Environment in writing simultaneously with the solicitation of comments on the planning. The Ministry of Natural Resources and Environment is responsible for responding in writing including the content of the planning and the content of the strategic environmental assessment report for the planning.

4. The agency compiling the regional planning selects consulting organizations for strategic environmental assessment.

Article 7c. Procedure for Compiling Provincial Planning

1. Provincial planning is compiled according to the procedure prescribed in Clause 4, Article 16 of the Law on Planning.

2. Strategic environmental assessment for provincial planning is carried out in accordance with the provisions of Clauses 1, 3, 4, 5, and 6 of Article 26 of the Environmental Protection Law. The agency compiling the planning is responsible for soliciting comments from the Ministry of Natural Resources and Environment in writing simultaneously with the solicitation of comments on the planning. The Ministry of Natural Resources and Environment is responsible for responding in writing including the content of the planning and the content of the strategic environmental assessment report for the planning.

3. The agency compiling the provincial planning selects consulting organizations for strategic environmental assessment.”

"3. Advertising contrary to historical traditions, culture, and social morals;"

a) Amend and supplement Point c Clause 1 as follows:

“c) Submitting the national overall planning, national marine space planning, and national land use planning to the National Assembly for decision; being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning dossier, ensuring compliance with the provisions of the law on state secrets and related laws;”

b) Amending and supplementing point h of Clause 2 as follows:

“h) Submitting the national sectoral planning to the Prime Minister for approval; being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning dossier, ensuring compliance with the provisions of the law on state secrets and related laws;”

c) Amending and supplementing point đ of Clause 3 as follows:

“đ) Submitting the provincial planning dossier for examination and approval by the People's Council at the provincial level; submitting the provincial planning to the Prime Minister for approval in accordance with Article 35 of the Law on Planning; being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning dossier, ensuring compliance with the provisions of the law on state secrets and related laws;”

5. Supplementing Clause 9 into Article 9 as follows:

“9. Being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning dossier, ensuring compliance with the provisions of the law on state secrets and related laws.”

6. Supplementing Clause 8 into Article 10 as follows:

“8. Being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning dossier, ensuring compliance with the provisions of the law on state secrets and related laws.”

7. Supplementing Clause 9 into Article 11 as follows:

“9. Being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning dossier, ensuring compliance with the provisions of the law on state secrets and related laws.”

8. Amending and supplementing some clauses of Article 12 as follows:

a) Supplementing point d into Clause 1 as follows:

“d) Being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning component, ensuring compliance with the provisions of the law on state secrets and related laws.”

b) Supplementing point c into Clause 2 as follows:

“c) Being responsible for the accuracy of data, documents, system of diagrams, maps, and databases in the planning component, ensuring compliance with the provisions of the law on state secrets and related laws.”

9. Amend and supplement Article 17 as follows:

Article 17. Time Limit for Compiling Planning

1. The time limit for compiling the national overall planning, national marine space planning, national land use planning, and regional planning shall not exceed 36 months from the date the task of compiling the planning is approved, including a maximum of 20 months for compiling the planning component for the national overall planning, national marine space planning, and regional planning.

2. The time limit for compiling national sectoral planning and provincial planning shall not exceed 30 months from the date the task of compiling the planning is approved.

3. In case of need to extend the time limit for compiling the planning, the competent authority approving the task of compiling the planning decides to adjust the extension but not exceeding 12 months based on the report of the ministry, equivalent ministry, or provincial people's committee.

10. Amending and supplementing some clauses of Article 28 as follows:

a) Amending and supplementing point d of Clause 7 as follows:

“d) Summarizing and balancing the demand for land use, determining the land use indicators mentioned in point b of this clause for each administrative unit at the district level;”

b) Amending and supplementing point h of Clause 7 as follows:

“h) Preparing diagrams, maps of allocation schemes and zoning of land use indicators.”

c) Amending and supplementing Clause 8 as follows:

“8. The planning scheme for inter-district regions and district regions includes the determination of the scope, nature, and main development direction of each inter-district region and district region.”

d) Amend and supplement Point b Clause 10 as follows:

“b) Delimit the area of the mine and specify the type of mineral resources to be explored and exploited.”

đ) Amend and supplement Clause 13 as follows:

“13. List of projects of the province and priority order for implementation:

a) Establish criteria to determine provincial projects expected to be prioritized during the planning period;

b) Compile a list of provincial projects expected to be prioritized.”

11. Add Article 28a following Article 28 as follows:

“Article 28a. Content and technical requirements for planning diagrams and maps

1. National-level, regional, and provincial planning diagrams and maps shall reflect planning content and be based on national topographic maps at corresponding scales.

2. The Minister of Planning and Investment shall guide the content and technical requirements for national overall planning diagrams and maps, regional planning diagrams and maps, and provincial planning diagrams and maps; and provide general technical guidance for national marine space planning diagrams and maps, national land use planning diagrams and maps, and national sectoral planning diagrams and maps.

3. The Minister of Natural Resources and Environment shall guide the content and technical requirements for national marine space planning diagrams and maps, and national land use planning diagrams and maps.

4. Ministers shall guide the content and technical requirements and quality criteria for national sectoral planning diagrams and maps within their respective management areas if necessary.”

12. Amend and supplement Clause 1 of Article 30 as follows:

“1. The objects to seek opinions on national sectoral planning include the Central Committee of the Vietnam Fatherland Front, ministries, ministerial-level agencies, provincial People's Committees, and communities, organizations, and individuals related to national sectoral planning.

The agency organizing national sectoral planning under Items 24, 27, 36, and 37 of Appendix 1 of the Planning Law shall decide to seek community opinions when necessary.”

13. Amend and supplement the name of Chapter IV as follows:

 

"Chapter IV

REVIEW, APPROVAL AND IMPLEMENTATION OF PLANNING”

 

14. Amend and supplement some clauses of Article 33 as follows:

a) Amend and supplement Point c Clause 1 as follows:

“c) Issue the review report on planning;”

b) Supplement Point d to Clause 1 as follows:

“d) Examine and decide on issuing the Operation Regulation of the Planning Review Board and authorize the Deputy Chairperson of the Planning Review Board to perform tasks within the authority and responsibility of the Chairperson of the Planning Review Board if necessary.”

c) Supplement Clause 1a following Clause 1 as follows:

“1a. Responsibilities and authorities of the Deputy Chairperson of the Planning Review Board:

a) Assist the Chairperson of the Planning Review Board in performing tasks according to the authorization of the Chairperson of the Planning Review Board and be responsible to the Chairperson of the Planning Review Board for the authorized tasks;

b) Represent the Chairperson of the Planning Review Board to organize and manage the activities of the Planning Review Board when authorized by the Chairperson of the Planning Review Board.”

d) Amend and supplement Point b Clause 2 as follows:

“b) Study and report to the head of the agency where the member of the Planning Review Board works to issue a written review opinion on the planning review dossier in accordance with Article 32 of the Planning Law and the content stipulated in Clause 2 of Article 27 of the Environmental Protection Law; participate in the Planning Review Board meeting regarding matters within the management scope of the ministry or ministerial-level agency and other issues related to the planning review dossier; vote by evaluation form at the Planning Review Board meeting on the planning review dossier and draft review report; review the contents of the planning dossier that have been incorporated and explained in the review report; be responsible to the Chairperson of the Planning Review Board, the head of the agency where the member of the Planning Review Board works, and the law for the review opinions provided on the planning review dossier;”

15. Add Article 33a following Article 33 as follows:

“Article 33a. Responsibilities of Ministries and Ministerial-Level Agencies having representatives as members of the Planning Review Board

1. Ministries and ministerial-level agencies having representatives as members of the Planning Review Board shall have the responsibility:

a) Provide written review opinions on the planning review dossier concerning matters within their management scope; provide written reviews on the incorporation and explanation of review opinions in the planning dossier according to the review report;

b) Appoint representatives to attend the Planning Review Board meetings as members of the Planning Review Board.

2. The Ministry of Natural Resources and Environment shall have the responsibility:

a) Fulfill the responsibilities stipulated in Clause 1 of this Article;

b) Provide written review opinions and be responsible for the review opinions on strategic environmental assessment reports for planning;

c) Provide written reviews and be responsible for the results of reviewing the contents of strategic environmental assessment reports for planning that have been incorporated and explained according to the review report.”

16. Amend and supplement Article 34 as follows:

“Article 34. Responsibilities and authorities of the Standing Office of the Planning Review Board

1. Receive, study, and process planning review dossiers submitted to the Planning Review Board by the planning preparation agencies.

2. Develop and submit to the Chairperson of the Planning Review Board for approval the review plan or re-review plan for planning that does not meet the conditions for decision-making or approval according to the conclusion of the Planning Review Board.

3. Provide planning review dossiers and materials to Planning Review Board members for study and provision of opinions on planning.

4. Propose the Chairperson of the Planning Review Board to allow the organization of meetings, seminars, and discussions on relevant topics before the Planning Review Board meeting.

5. Summarize the comments and evaluations of Planning Review Board members, independent expert opinions, and other opinions (if any), and report to the Planning Review Board.

6. Prepare the necessary conditions for the Planning Review Board to conduct the review meeting.

7. Submit the draft report for review of the planning scheme to the members of the Planning Scheme Review Council for comments before organizing the review session; seek opinions from the members of the Planning Scheme Review Council on the draft review report through evaluation forms at the review meeting; prepare minutes of the review meeting; complete the review report for consideration and issuance by the Chairman of the Planning Scheme Review Council.

8. Require the agency responsible for planning to incorporate, explain, and perfect the planning dossier according to the review report of the planning scheme.

9. Conduct a review of the planning dossier that has been incorporated and explained according to the review report of the planning scheme as follows:

a) Seek written comments and compile written review comments from the members of the Planning Scheme Review Council regarding the national and regional planning dossiers that have been incorporated and explained by the planning agency according to the review report of the planning scheme; affix seals; confirm in the planning dossier and documents.

b) Seek written review comments from the members of the Planning Scheme Review Council regarding the provincial planning dossiers that have been incorporated and explained by the planning agency according to the review report of the planning scheme; compile the review comments and submit them to the Minister of Planning and Investment for consideration and issuance of the consolidated review comments.

10. Utilize funds, machinery, means, and seals of their own agencies or units to perform assigned tasks.”

17. Amend and supplement Article 35 as follows:

“Article 35. Member of the Planning Scheme Review Council with Critical Comments

1. The Planning Scheme Review Council must have at least three members who are members with critical comments on the planning scheme and at least one member who is a member with critical comments on the strategic environmental assessment results for the planning scheme that requires a strategic environmental assessment report in accordance with laws on environmental protection; there should be a member who is a member with critical comments on the planning scheme diagrams and maps if necessary.

2. Members with critical comments on the planning scheme must meet one of the following conditions:

a) Have at least fifteen years of experience participating in activities related to one of the planning contents or state management of planning for those holding a bachelor's degree in a relevant field related to planning;

b) Have at least eight years of experience participating in activities related to one of the planning contents or state management of planning for those holding a master's degree in a relevant field related to planning;

c) Have at least five years of experience participating in activities related to one of the planning contents or state management of planning for those holding a doctorate in a relevant field related to planning.

3. Members with critical comments on the strategic environmental assessment results for the planning scheme must meet one of the following conditions:

a) Have at least fifteen years of experience participating in activities related to environmental protection or state management of natural resources and environment for those holding a bachelor's degree in a relevant field related to natural resources and environment;

b) Have at least eight years of experience participating in activities related to environmental protection or state management of natural resources and environment for those holding a master's degree in a relevant field related to natural resources and environment;

c) Have at least five years of experience participating in activities related to environmental protection or state management of natural resources and environment for those holding a doctorate in a relevant field related to natural resources and environment.

4. Members with critical comments on the planning scheme diagrams and maps must meet the qualification requirements stipulated by laws on surveying and mapping and other relevant laws.

5. Responsibilities and authorities of members with critical comments:

a) Participate in providing written comments on the dossier submitted for review of the planning scheme in accordance with Article 32 of the Planning Law and the provisions set out in Clause 2, Article 27 of the Environmental Protection Law; participate in discussions at the Planning Scheme Review Council meetings on specialized fields and general issues; vote by evaluation forms at the Planning Scheme Review Council meetings on the dossier submitted for review of the planning scheme and the draft review report; review the contents that have been incorporated and explained in the planning dossier according to the review report of the planning scheme; bear responsibility before the Chairman of the Planning Scheme Review Council and before the law for the comments provided during the review process of the dossier submitted for review of the planning scheme;

b) Fulfill the responsibilities and authorities of members of the Planning Scheme Review Council as stipulated in points a, c, and d of Clause 2, Article 33 of this Decree;

c) Receive remuneration for providing critical comments on the planning scheme as prescribed;

d) Members with critical comments shall not contact consulting organizations or individuals advising on the planning scheme until the critical comment work is completed.”

18. Amend and supplement Clauses 2, 3, and 4 of Article 37 as follows:

“2. Within thirty days from the date of receipt of the dossier submitted for review of the planning scheme, members of the Planning Scheme Review Council must submit written comments to the permanent office of the Planning Scheme Review Council for compilation.

3. The permanent office of the Planning Scheme Review Council seeks written opinions from experts, social-professional organizations, and other related organizations on the planning content and the results of the strategic environmental assessment for the planning scheme through written submissions or by organizing conferences, seminars, or roundtable discussions.

4. If necessary, the Planning Scheme Review Council may select independent consultants to provide critical comments on one or several aspects of the planning scheme, or on the results of the strategic environmental assessment for the planning scheme. Within thirty days from the date of receipt of the request for critical comments on the planning scheme or the strategic environmental assessment results for the planning scheme, the independent consultant must submit written comments to the permanent office of the Planning Scheme Review Council for compilation and reporting to the Planning Scheme Review Council.”

19. Amend and supplement Article 38 as follows:

“Article 38. Meeting of the Planning Scheme Review Council

1. Within ten days from the date of receiving at least three-quarters (3/4) of the written comments for review from members of the Planning Review Council, the permanent office of the Planning Review Council shall compile the comments and send them to the members of the Planning Review Council, independent reviewers (if any), and submit to the Chairman of the Planning Review Council for convening a meeting of the Planning Review Council.

2. The session to review the planning dossier for submission to the review shall be held when at least three-quarters (3/4) of the members of the Planning Review Council attend, including the Chairman of the Planning Review Council or the Vice-Chairman of the Planning Review Council if authorized, two-thirds (2/3) of the number of reviewing members, and representatives of the permanent office of the Planning Review Council attending the meeting; representatives of the planning agency and the consulting organization for planning.

3. Decision-making mechanism of the Planning Review Council

a) The Planning Review Council operates on a collective basis, conducts open discussions, and makes decisions by majority vote to approve the planning dossier submitted for review.

b) The planning dossier submitted for review is approved and meets the conditions for decision-making or approval when at least three-quarters (3/4) of the members of the Planning Review Council present at the meeting agree to approve it without requiring amendments or with conditional approval. The planning dossier is approved without requiring amendments or supplements when all members of the Planning Review Council present at the voting session agree to approve it without requiring amendments or supplements.

20. Supplement Article 38a, 38b, and 38c following Article 38 as follows:

"Article 38a. List of planning diagrams and maps accompanying the decision or approval of the plan

1. The list of planning diagrams and maps accompanying the decision on the national master plan, the national marine space plan, and the national land use plan shall be implemented according to the decision on the plan.

2. The list of planning diagrams and maps accompanying the approval decision on the national sectoral plan, regional plan, and provincial plan shall be specified as follows:

a) The list of planning diagrams issued together with the approval decision on the national infrastructure development plan as stipulated in Section IV.B.2 of Appendix I attached to this Decree;

b) The list of planning diagrams and maps issued together with the approval decision on the national resource utilization plan, national defense land use plan, and security land use plan as stipulated in Sections V.A.a.5; V.B.1, V.C.1, V.C.2, V.C.3, V.D.2; V.Đ.a.4, V.Đ.a.5, V.Đ.a.6, V.E.a.2, V.G.a.2, and V.G.a.3 of Appendix I attached to this Decree;

c) The list of planning diagrams issued together with the approval decision on the national environmental protection plan as stipulated in Sections VI.2, VI.3, VI.4, and VI.5 of Appendix I attached to this Decree;

d) The list of planning diagrams issued together with the approval decision on the national biodiversity conservation plan as stipulated in Sections VII.2, VII.3, VII.4, VII.5, VII.6, and VII.7 of Appendix I attached to this Decree;

đ) The list of planning diagrams issued together with the approval decision on the regional plan as stipulated in Sections VIII.B.2, VIII.B.3, VIII.B.4, VIII.B.5, VIII.B.6, VIII.B.7, and VIII.B.8 of Appendix I attached to this Decree;

e) The list of planning diagrams and maps issued together with the approval decision on the provincial plan as stipulated in Sections IX.B.3, IX.B.4, IX.B.5, IX.B.6, IX.B.7, IX.B.8, IX.B.9, and IX.B.10 of Appendix I attached to this Decree.

Article 38b. Completing Planning Documents in Accordance with Decision or Approval Documents

1. Within forty-five days from the date on which the competent authority decides or approves the planning, the ministries, ministerial-level agencies, and provincial People's Committees within their assigned powers and responsibilities shall review and complete the planning documents to align with the decision or approval documents, affix stamps on the consolidated planning report and planning diagrams/maps according to the model prescribed in Appendix IV of this Decree, and be responsible for the planning documents after reviewing and completing them.

2. The ministries, ministerial-level agencies, and provincial People's Committees shall send the reviewed and completed planning documents as stipulated in Clause 1 of this Article to the Ministry of Planning and Investment; update the planning document database into the national planning information system and database in accordance with Article 41 of this Decree.

Article 38c. Procedures for Establishing Implementation Plans for Planning

1. The procedures for establishing implementation plans for the national master plan and regional planning shall be carried out in the following steps:

a) The Ministry of Planning and Investment shall draft the implementation plan for the planning; seek opinions from relevant ministries, ministerial-level agencies, and localities.

b) Relevant ministries, ministerial-level agencies, and localities shall provide written responses within fifteen days from the date they receive the opinion solicitation document regarding the draft implementation plan for the planning.

c) The Ministry of Planning and Investment shall incorporate, explain, and perfect the draft implementation plan for the planning to submit to the Government for issuance concerning the national master plan; submit to the Prime Minister for issuance concerning regional planning.

2. The procedures for establishing implementation plans for the national marine space planning and national land use planning shall be carried out in the following steps:

a) The Ministry of Natural Resources and Environment shall draft the implementation plan for the planning; seek opinions from relevant ministries, ministerial-level agencies, and localities.

b) Relevant ministries, ministerial-level agencies, and localities shall provide written responses within fifteen days from the date they receive the opinion solicitation document regarding the draft implementation plan for the planning.

c) The Ministry of Natural Resources and Environment shall incorporate, explain, and perfect the draft implementation plan for the planning to submit to the Government for issuance.

3. The procedures for establishing implementation plans for national sectoral planning shall be carried out in the following steps:

a) Ministries and ministerial-level agencies assigned to organize the national sectoral planning shall draft the implementation plan for the planning; seek opinions from relevant ministries, ministerial-level agencies, and localities.

b) Relevant ministries, ministerial-level agencies, and localities shall provide written responses within fifteen days from the date they receive the opinion solicitation document regarding the draft implementation plan for the planning.

c) Ministries and ministerial-level agencies assigned to organize the national sectoral planning shall incorporate, explain, and perfect the draft implementation plan for the planning to submit to the Prime Minister for issuance.

4. The procedures for establishing implementation plans for provincial planning shall be carried out in the following steps:

a) The planning organization body shall draft the implementation plan for the planning, seek opinions from departments, sectors, district People's Committees, and related organizations (if any) within the territory within fifteen days.

b) The planning organization body shall incorporate, explain, and perfect the draft implementation plan for the planning based on the opinions of departments, sectors, district People's Committees, and related organizations, and report to the planning organization body to seek opinions from relevant ministries, ministerial-level agencies.

c) Relevant ministries and ministerial-level agencies shall provide written responses within fifteen days from the date they receive the opinion solicitation document regarding the draft implementation plan for the planning.

d) The planning organization body shall direct the incorporation, explanation, and perfection of the draft implementation plan for the planning, submit it to the Prime Minister for consideration and issuance.

5. The guidance on phased investment deployment of projects in the planning according to five-year stages and in accordance with the model prescribed in Appendix V attached to this Decree.”

21. Amend and supplement Clause 2 of Article 40 as follows:

“2. Information and data about planning documents, natural, socio-economic, environmental, defense, and security data are digitized, linked, and integrated with each other, connected to the national geographic database that has been standardized and updated regularly, forming the national planning database.”

22. Amend and supplement Clause 1 of Article 41 as follows:

“1. Ministries, ministerial-level agencies, and provincial People's Committees shall update information and planning document databases under their management into the national planning information system and database on the network within ten days from the completion of the planning documents according to the decision or approval documents.”

23. Amend and supplement Article 42 as follows:

“Article 42. Costs for Building, Synchronizing, Managing, Operating, Exploiting, and Upgrading the National Planning Information System and Database

1. The State shall ensure funding for building, synchronizing, managing, operating, exploiting, and upgrading the national planning information system and database in accordance with laws on state budget and related laws.

2. Costs for building, synchronizing, managing, operating, exploiting, and upgrading the national planning information system and database shall be sourced from the state budget and other lawful sources.”

24. Amend and supplement Clause 2 of Article 44 as follows:

“2. The Ministry of Natural Resources and Environment shall be responsible for providing comprehensive national geographic database and national topographic map system that have been standardized and regularly updated to form the framework data for the national planning information system and database, complying with state secrets regulations.”

25. Amend and supplement Appendix I as follows:

 

“Appendix I

LIST AND SCALE OF PLANNING DIAGRAMS AND MAPS

______________

 

I. NATIONAL MASTER PLAN

A. Diagram at scale 1:4,000,000

Geographic location diagram and relationship between Vietnam and the region and the world.

B. Digital and printed diagrams and maps at scales 1:100,000 - 1:1,000,000

1. Maps on current natural conditions, socio-economic status, population, important national infrastructure systems, and inter-regional connections.

2. Diagrams evaluating land use purposes comprehensively.

3. Diagrams guiding regional zoning and inter-regional connectivity.

4. Diagrams guiding the development of national technical infrastructure.

5. Diagrams guiding the development of national social infrastructure.

6. Diagram of the national orientation for urban and rural system development.

7. Diagram of the national orientation for natural resource utilization.

8. Diagram of the national orientation for environmental protection.

9. Diagram of the national orientation for disaster prevention and control, and climate change response.

10. Diagram of the national orientation for spatial development.

11. Diagram of the national orientation for land use.

12. Diagram of the spatial arrangement of priority investment projects during the planning period.

II. NATIONAL MARINE SPATIAL PLANNING

A. Diagram at scale 1:4,000,000

Geographic location diagram and relationship between Vietnam and the region and the world.

B. Digital and printed diagrams and maps at scales 1:100,000 - 1:1,000,000

1. Maps showing the current natural conditions, socio-economic status, population, and important infrastructure systems within the marine space.

2. Diagram of the national orientation for natural resource exploitation and utilization within the marine space.

3. Diagram of the national orientation for technical infrastructure development within the marine space.

4. Diagram of the national orientation for social infrastructure development within the marine space.

5. Diagram of the national orientation for urban and rural system development along coastal areas and islands.

6. Diagram of the national orientation for marine space zoning.

7. Diagram of the national orientation for marine environmental protection.

8. Diagram of the national orientation for disaster prevention and control, and climate change response within the marine space.

9. Diagram of the national orientation for marine space organization.

III. NATIONAL LAND USE PLANNING

A. Diagrams, digital maps, and printed maps at scales of 1:100,000 to 1:1,000,000

1. Map of the current national land use status.

2. Diagram of the national orientation for land use.

3. Map of the national land use planning.

B. Digital maps and printed maps at scales of 1:50,000 to 1:250,000

Regional map of the national land use planning.

IV. NATIONAL INFRASTRUCTURE SECTOR PLANNING

A. Diagram at scale 1:4,000,000

Diagram of the geographical location and relationship of the national infrastructure with regions and internationally.

B. Diagrams, digital maps, and printed maps at scales of 1:25,000 to 1:250,000

1. Map of the current status of the national infrastructure sector.

2. Diagram of the national orientation for infrastructure sector development.

3. Diagram of the spatial arrangement of priority investment projects in the sector.

C. Diagrams, digital maps, and printed maps at scales of 1:5,000 to 1:100,000

1. Map of the current land use status in key areas of the national infrastructure sector.

2. Diagram of the national orientation for land use in key areas of the national infrastructure sector.

V. NATIONAL NATURAL RESOURCE UTILIZATION PLANNING

A. Comprehensive Planning for Sustainable Exploitation and Utilization of Coastal Resources:

a) Diagrams, digital maps, and printed maps at scales of 1:50,000 to 1:250,000

1. Integrated map of natural conditions, current socio-economic status, current resources, and environmental status in coastal areas.

2. Map of current and demand for exploitation and utilization of coastal resources.

3. Diagram of functional zoning in coastal areas.

4. Map of overlapping and conflicting areas in the exploitation and utilization of coastal resources.

5. Comprehensive map of planning for sustainable exploitation and utilization of coastal resources.

b) Digital maps and printed maps of key areas (if applicable). Scale not less than 1:25,000.

B. Basic Geological Survey Planning for Mineral Resources:

Digital maps and printed maps at scale of 1:50,000

Geological and mineral survey map.

C. Exploration, Exploitation, Processing, and Utilization Planning for Mineral Resources:

Digital maps and printed maps at scales of 1:50,000 to 1:500,000

1. Map of designated areas for mineral activities, prohibited areas, temporarily prohibited areas, restricted areas, and national mineral reserve areas.

2. Detailed map of mining areas and types of construction materials requiring exploration and exploitation investment.

3. Detailed map of key areas for exploration, exploitation, processing, and utilization of mineral resources.

(*)

- Detailed designation of mining areas only applies to exploration, exploitation, processing, and utilization planning for construction materials.

- Mineral exploration and exploitation zones are delineated by straight lines connecting vertices on the national coordinate system topographic map.

D. National Water Resource Planning:

Diagrams, digital maps, and printed maps at scales of 1:100,000 to 1:1,000,000

1. Comprehensive map of the current national water resource status.

2. Diagram of the national orientation for water resource allocation and protection.

E. Forestry Planning:

a) Diagrams, digital maps, and printed maps at scales of 1:100,000 to 1:1,000,000

1. Map of the current forest status.

2. Map of the current forestry infrastructure status.

3. Map of the current land use status for forestry development.

4. Map of the planning for special-use forests, protective forests, and production forests.

5. Diagram of the national orientation for forestry infrastructure development.

6. Diagram of the national orientation for land use for forestry development.

b) Digital maps and printed maps at scale of 1:50,000

Special-purpose forest planning map.

F. Aquatic Resource Protection and Utilization Planning:

a) Diagrams, digital maps, and printed maps at scales of 1:100,000 to 1:1,000,000

1. Map of the current management, exploitation, protection, and development status of aquatic resources.

2. Diagram of the zoning for exploitation, protection, and development of aquatic resources.

b) Digital maps and printed maps at scale of 1:50,000

Map of designated areas for establishing marine conservation zones, aquatic resource protection zones, temporary no-fishing zones, artificial habitats for endangered, valuable, scientific, and endemic aquatic species.

G. National Defense Land Use Planning, National Security Land Use Planning:

a) Digital maps and printed maps at scale of 1:100,000

1. Map of the current defense/security land use status.

2. Map of the planning for defense/security land use.

3. Map of defense/security land transferred back to local authorities for economic and social development purposes.

b) Diagrams, digital maps, and printed maps at scales of 1:50,000

1. Map of the current defense/security land use status in key areas.

2. Diagram of the national orientation for defense/security land use in key areas.

VI. NATIONAL ENVIRONMENTAL PROTECTION PLANNING

Diagrams, digital maps, and printed maps at scales of 1:50,000 to 1:1,000,000

1. Maps showing the current environmental zoning; current nature conservation and biodiversity status; current centralized waste treatment facility status at national, regional, and provincial levels; current environmental monitoring and warning network status at national, regional, and provincial levels.

2. Diagram of the national orientation for environmental zoning.

3. Diagram outlining the orientation of natural conservation areas and biodiversity.

4. Diagram outlining the network orientation of national, regional, and provincial centralized waste treatment facilities.

5. Diagram outlining the network orientation for national, regional, and provincial environmental monitoring and warning systems.

VII. NATIONAL BIODIVERSITY CONSERVATION PLAN

Diagrams, digital maps, and printed maps at scales of 1:50,000 to 1:1,000,000

1. Maps of the current status of important ecological landscapes; high biodiversity areas; biodiversity corridors; nature conservation areas; biodiversity conservation facilities; important wetlands.

2. Diagram outlining the orientation for conserving important ecological landscapes.

3. Diagram outlining the orientation for conserving high biodiversity areas.

4. Diagram outlining the orientation for conserving biodiversity corridors.

5. Diagram outlining the orientation for nature conservation areas.

6. Diagram outlining the orientation for developing biodiversity conservation facilities.

7. Diagram outlining the orientation for conserving important wetlands.

VIII. REGIONAL PLANNING

A. Diagram at a scale of 1:1,000,000

Diagram showing the location and relationships of the region.

B. Diagrams, digital maps, and diagrams, printed maps at scales of 1:250,000 to 1:500,000 (depending on the shape and area of the region)

1. Maps of the current status of regional development.

2. Diagram outlining the orientation for developing urban and rural systems.

3. Diagram outlining the orientation for organizing space and functional zoning.

4. Diagram outlining the orientation for developing social infrastructure.

5. Diagram outlining the orientation for developing technical infrastructure.

6. Diagram outlining the orientation for resource utilization.

7. Diagram outlining the orientation for environmental protection.

8. Diagram outlining the orientation for disaster prevention and response to climate change.

9. Diagram showing the locations of priority investment projects during the planning period.

10. Specialized maps (if applicable).

(*) Note: Depending on the different conditions of each region, separate diagrams may be created for specific sectors or types of resources to ensure that the planning content is reflected in the diagrams.

IX. PROVINCE PLANNING

A. Diagrams and printed maps at scales of 1:250,000 to 1:1,000,000 (depending on the shape and area of the province)

Diagram showing the location and relationships of the province.

B. Diagrams, digital maps, and printed maps at scales of 1:25,000 to 1:100,000 (depending on the shape and area of the province)

1. Maps of the current status of development.

2. Diagrams evaluating land use purposes comprehensively.

3. Diagram outlining the planning scheme for urban and rural systems.

4. Diagram outlining the planning scheme for organizing space and functional zoning.

5. Diagram outlining the planning scheme for developing social infrastructure.

6. Diagram outlining the planning scheme for developing technical infrastructure.

7. Diagram, map outlining the planning scheme for land use indicators and zoning.

8. Diagram, map outlining the planning scheme for resource exploration, exploitation, utilization, and protection.

9. Diagram outlining the planning scheme for environmental protection, biodiversity conservation, disaster prevention, and response to climate change.

10. Diagram outlining the planning scheme for inter-district and district regional construction.

11. Diagram showing the locations of priority investment projects during the planning period.

12. Diagram, specialized map (if applicable).

C. Diagrams, digital maps, and printed maps at scales of 1:10,000 to 1:25,000

1. Current status map of key areas of the province (if applicable).

2. Diagram outlining the orientation for developing key areas of the province (if applicable).

(*) Note: Depending on the different conditions of each province, separate diagrams and maps may be created for specific sectors or types of resources to ensure that the planning content is reflected in the diagrams and maps.

26. Add Appendix IV and Appendix V after Appendix III.

Article 2. Replacing and abolishing certain terms and phrases in some articles, clauses, and points of Decree No. Decision No. 37/2019/NĐ-CP dated May 7, 2019 of the Government detailing the implementation of certain provisions of the Planning Law

1. Replace certain phrases as follows:

a) Replace the phrase "List and scale of planning maps" with the phrase "List and scale of schematic diagrams and planning maps" in Clause 17, Article 20; Clause 8, Article 21; Clause 10, Article 22; Clause 6, Article 23; Clause 8, Article 24; Clause 6, Article 25; Clause 6, Article 26; Clause 11, Article 27; and Clause 15, Article 28;

b) Replace the phrase "List and scale of planning maps" with the phrase "List and scale of schematic diagrams and planning maps" in Item 10, Part I of Appendix II; Item 10, Part II of Appendix II; Item 10, Part III of Appendix II; Item 10, Part IV of Appendix II; Item 10, Part V of Appendix II; Item 10, Part VI of Appendix II; Item 10, Part VIII of Appendix II; Item 10, Part IX of Appendix II; Item 8, Part X of Appendix II; Item 10, Part XI of Appendix II; Item 10, Part XII of Appendix II; Item 9, Part I of Appendix III; Item 9, Part II of Appendix III; Item 9, Part III of Appendix III; Item 9, Part IV of Appendix III; Item 8, Part V of Appendix III; Item 8, Part VI of Appendix III; Item 9, Part VII of Appendix III; and Item 9, Part VIII of Appendix III;

c) Replace the term "map" with the term "schematic diagram" in Point b, Item 6, Part II of Appendix II;

d) Replace the phrase "maps, schematic diagrams" with the phrase "schematic diagrams, maps" in Item 10, Part I of Appendix II; Item 10, Part II of Appendix II; Item 10, Part III of Appendix II; Item 10, Part IV of Appendix II; Item 10, Part V of Appendix II; Item 10, Part VI of Appendix II; Item 9, Part VII of Appendix II; Item 10, Part VIII of Appendix II; Item 10, Part IX of Appendix II; Item 8, Part X of Appendix II; Item 10, Part XI of Appendix II; Item 10, Part XII of Appendix II; Item 9, Part I of Appendix III; Item 9, Part II of Appendix III; Item 9, Part III of Appendix III; Item 9, Part IV of Appendix III; Item 8, Part V of Appendix III; Item 8, Part VI of Appendix III; Item 9, Part VII of Appendix III; and Item 9, Part VIII of Appendix III.

2. Abolish Clause 3 and Point b, Clause 4 of Article 40.

Article 3. Transitional Provisions

1. For planning implementation plans submitted to competent authorities for promulgation before the effective date of this Decree but not yet promulgated, they shall be implemented according to the laws in effect prior to the effective date of this Decree.

2. The contents of provincial planning submitted for comments in accordance with Articles 16 and 19 of the Planning Law before the effective date of this Decree shall not be required to comply with the provisions of this Decree.

3. Planning tasks approved before the effective date of this Decree but not yet submitted for comments or reviewed shall not require reapproval of the planning tasks.

4. During the transitional period, if there are changes in costs for planning activities, such changes shall be adjusted in accordance with the laws on planning, state budget, and public investment.

Article 4. Implementation provisions

1. This Decree takes effect from the date of issuance.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals are responsible for implementing this Decree.

 

 

ANNEX IV

MODEL COVER PAGE FOR COMBINED REPORT ON REVIEWED AND FINALIZED PLANNING

(Attached to Decree No. 58/2023/NĐ-CP dated August 12, 2023 issued by the Government)

­­­­­­­­­­­­­­­­­­­_______________

 

Model 01 - Cover Page for Combined Report on Reviewed and Finalized Planning by Ministry, Ministerial-Level Agency, or Provincial People's Committee to be Consistent with Decision or Approval Documents

 

Model 02 - Cover Page with Seal and Signature Confirmation for Combined Report on Reviewed and Finalized Planning by Ministry, Ministerial-Level Agency, or Provincial People's Committee to be Consistent with Decision or Approval Documents

 

 

^{______________________________}

¹ In case of a joint venture for planning consultancy, the head of the joint venture confirms