Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning under the national planning system; responsibility for state management of planning.
Article 2. Regulated entities
This Law applies to organizations and individuals involved in the formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning under the national planning system and other relevant organizations and individuals.
Article 3. Definitions
For the purposes of this Law, the terms below shall be construed as follows:
1. “planning” means the spatial arrangement and distribution of socio-economic, national defense and security activities in combination with infrastructure development, use of natural resources and environmental protection in a defined territory in order to effectively use the resources of country in service of sustainable development for a definite period of time.
2. “national comprehensive planning” means the national and strategic planning towards zoning and interconnecting regions of a territory, including mainland, islands, archipelagoes, territorial waters and airspace; urban and rural systems; infrastructure; use of natural resources and environmental protection; natural disaster management, climate change resilience, assurance of national defense and security and international integration.
3. “national marine spatial planning” means the national planning that is aimed at realizing the national comprehensive planning for zoning of various fields and sectors within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam.
4. “national land use planning” means the national planning that is aimed at realizing the national comprehensive planning for allocation and zoning of land used by fields, sectors and areas on the basis of land potential.
5. “national sector planning” means the national planning that is aimed at realizing the national comprehensive planning according to sectors on the basis of interconnection of sectors and regions related to infrastructure, use of natural resources, environmental protection and biodiversity conservation.
6. “region” means a part of a national territory that includes some neighboring provinces and central-affiliated cities adjacent to some river basins or has similarities in natural and socio-economic conditions, history, population and infrastructure, and has an interrelationship that makes a strong connection.
7. “regional planning” means the planning that is aimed at realizing the national comprehensive planning at regional level in terms of spaces used for socio-economic, national defense and security activities, urban system and rural population distribution, development of inter-provincial regions, infrastructure, water resources of river basins, use of natural resources and environmental protection on the basis of provincial interconnection.
8. “provincial planning” means the planning that is aimed at realizing the national comprehensive planning and regional planning at provincial level in terms of spaces used for socio-economic, national defense and security activities, urban system and rural population distribution, land allocation, infrastructure, use of natural resources and environmental protection on the basis of interconnection of national, regional, urban and rural planning.
9. “detailed planning” means the planning that is aimed at realizing national, regional and provincial planning. The detailed planning includes the planning specified in the Appendix 2 of this Law.
10. “integrated planning” means an approach that integrates fields and sectors related to infrastructure, use of natural resources and environmental protection in a uniform manner upon the formulation of the planning in a define territory in order to achieve the goal of balanced, harmonious, effective and sustainable development.
11. “planning” includes formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning.
12. “planning authority” means an authority assigned to formulate planning under the national planning system by the Government, Prime Minister, Ministries, ministerial authorities and People’s Committees of provinces.
13. “planning database” means a collection of information showing basic contents of the planning which is formulated, updated and maintained to serve management and use of information through electronic means.
14. “planning diagram or map” means a drawing that shows contents of the planning.
Article 4. Basic principles of planning
1. Comply with regulations of this Law, other relevant regulations of law and international treaties to which the Socialist Republic of Vietnam is a signatory.
2. Ensure uniformity between the planning and the socio-economic development strategy and plan, ensure the combination of the sector management and territorial management; ensure national defense and security; protect the environment.
3. Ensure compliance, continuity, inheritance, stability and hierarchy in the national planning system.
4. Ensure participation of the people, the public, other organizations and individuals; ensure harmony of national interests, interests of regions and areas and the people with an emphasis on national interests; ensure gender equality.
5. Ensure scientism, application of modern technology, interconnection, forecast, feasibility, economization and effective use of national resources; ensure objectivity, publicity, transparency and conservation.
6. Ensure independence between the planning authority and planning appraisal council.
7. Provide resources to implement planning.
8. Ensure uniform state management of planning, appropriate assignment and authorization between regulatory authorities.
Article 5. National planning system
1. National planning.
National planning includes national comprehensive planning, national marine spatial planning, national land use planning and national sector planning.
2. Regional planning.
3. Provincial planning.
4. Special administrative-economic unit planning.
Special administrative-economic unit planning decided by the National Assembly.
5. Urban planning, rural planning.
Article 6. Relationship between planning types
1. The national comprehensive planning serves as a basis for formulation of national marine spatial planning, national land use planning, national sector planning, regional planning, provincial planning, special administrative-economic unit planning, urban planning and rural planning nationwide.
2. The national sector planning shall be conformable to the national comprehensive planning, national marine spatial planning and national land use planning.
In the event that the national sector planning is inconsistent with the national marine spatial planning and national land use planning or national planning is inconsistent with each other, it shall be adjusted and implemented according to the national marine spatial planning, national land use planning and national comprehensive planning.
3. The regional planning shall be conformable to the national planning; the provincial planning shall be conformable to the regional planning and national planning.
In the event that the regional planning and provincial planning are inconsistent with the national sector planning, they shall be adjusted and implemented according to the national sector planning and national comprehensive planning.
In the event that the regional planning is inconsistent with each other and the provincial planning is inconsistent with each other, they shall be adjusted and implemented according to the planning at a higher level; in the event that the provincial planning is inconsistent with the regional planning, it shall be adjusted and implemented according to the regional planning and national planning.
4. The urban planning and rural planning shall be conformable to the national planning, regional planning and provincial planning.
Article 7. Procedures for planning
1. Formulate planning:
a) Formulate, appraise and approve planning tasks;
b) Organize formulation of planning.
2. Appraise planning.
3. Decide or approve planning.
4. Announce planning.
5. Implement planning.
Article 8. Planning period
1. The planning period is a time limit determined to serve as a basis for forecasting and setting socio-economic targets to serve planning formulation.
2. The planning under the national planning system covers a period of 10 years. The orientations of the national planning cover a period of 30 - 50 years. The orientations of the regional planning and provincial planning cover a period of 20 - 30 years.
Article 9. Costs of planning
1. The costs of formulation, appraisal, decision or approval, announcement and adjustment of the planning shall be covered by public investments in accordance with regulations of the Law on Public Investment.
2. The costs of planning assessment shall be covered by regular funding sources in accordance with regulations of the Law on State Budget.
Article 10. State policies on planning
1. The State shall manage socio-economic development, ensure national defense and security and protect the environment according to the decided or approved planning.
2. The State shall introduce policies on encouragement and mobilization of resources to promote sustainable development in association with environmental protection and climate change resilience according to the decided or approved planning.
3. The State shall introduce policies on encouraging domestic and foreign organizations and individuals to provide resources for planning in an objective, public and transparent manner.
4. The State shall introduce policies on encouraging and enabling organizations and individuals of all economic sectors to participate in planning.
5. The State shall introduce policies on promotion of international cooperation in planning.
Article 11. International cooperation in planning
1. International cooperation in planning is aimed at ensuring that the planning is compliant with international integration requirements and basic principles of planning specified in Article 4 of this Law.
2. The main international cooperation activities include experience sharing, application of new science and technology, provision of training and mobilization of human resources for planning.
3. International cooperation in planning shall be conformable to Vietnam’s diplomatic policies; ensure application of the principle of peace, cooperation and friendship on the basis of respect for independence, sovereignty and territorial integrity, mutual benefit, Vietnam’s law and relevant international treaties to which the Socialist Republic of Vietnam is a signatory.
Article 12. Rights and responsibilities of the public, other organizations and individuals for offering opinions on and supervising planning
1. The public and organizations have the right to offer opinions on and supervise planning; individuals have the right to offer opinions on planning.
2. The enquired organizations and individuals shall respond within the prescribed time limit.
3. The organization assigned to formulate, appraise, decide or approve, implement and adjust planning shall enable the public and organizations to offer opinions on and supervise planning; enable individuals to offer opinions on planning.
4. Opinions of the public, other organizations and individuals on planning must be considered, responded to and published in accordance with regulations of law.
Article 13. Prohibited acts in planning
1. Formulating, appraising, deciding or approving, and adjusting planning inconsistent with regulations of this Law and relevant regulations of law.
2. Formulating, appraising, deciding or approving, and adjusting planning for investment in and development of specific goods, services and products, determination of the volume of goods, services and products that are produced and sold.
3. Selecting the planning consultancy and independent reviewers that fail to satisfy qualification requirements suitable for their assigned tasks or in contravention of law.
4. Obstructing the public, other organizations and individuals in offering opinions.
5. Not announcing, delaying, inadequately announcing planning or refusing to provide information on planning, except for information classified as state secret; deliberately announcing wrong planning; deliberately providing false information on planning; destroying, forging or falsifying documents.
6. Failure to implement the decided or approved planning.
7. Illegally interfering in or obstructing planning.
Tìm kiếm
Luật quy hoạch 2017 (Bản Pdf)
Luật quy hoạch 2017 (Bản Word)