Chương II Luật quy hoạch 2017: Lập quy hoạch

Chapter II

PLANNING FORMULATION

SECTION 1. ORGANIZING PLANNING FORMULATION

Article 14. Power to organize planning formulation

1. The Government shall organize formulation of the national comprehensive planning, national marine spatial planning and national land use planning.

2. The Prime Minister shall organize formulation of regional planning.

3. Ministry and ministerial authorities shall organize formulation of national sector planning.

4. The People’s Committees of provinces shall organize formulation of provincial planning.

Article 15. Planning tasks

1. Planning tasks include:

a) Bases for planning formulation;

b) Requirements for planning contents and planning formulation methods;

c) Costs of planning formulation;

d) Time limit for planning formulation;

dd) Responsibilities of relevant authorities for organization of planning formulation.

2. The power to organize appraisal and approval for planning tasks:

a) The Government shall organize appraisal and approval for the tasks in formulation of the national comprehensive planning, national marine spatial planning and national land use planning;

b) The Prime Minister shall organize appraisal and approval for the tasks in formulation of the national sector planning, regional planning and provincial planning.

3. The Government shall elaborate this Article.

Article 16. Procedures for planning formulation

1. Procedures for formulation of the national comprehensive planning, national marine spatial planning and national land use planning:

a) The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in determining planning tasks and submitting them to the Government for approval.

b) The planning authority shall select a planning consultancy; take charge and cooperate with relevant Ministries, ministerial authorities and local governments in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess national socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;

c) Relevant Ministries, ministerial authorities and local governments shall select a consultancy to develop the parts of the planning contents and appraise such parts before they are submitted to the planning authority;

d) The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in considering and addressing common, inter-regional and inter-provincial issues to ensure uniformity and effectiveness of the planning; propose adjustments to contents of the planning developed by relevant Ministries, ministerial authorities and local governments;

dd) Relevant Ministries, ministerial authorities and local governments shall adjust and complete parts of the planning and send them to the planning authority;

e) The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of this Law;

g) The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

h) The planning authority shall complete the planning according to the conclusion of the planning appraisal council, report it to the Prime Minister, who will submit it to the National Assembly.

2. Procedures for formulation of the national sector planning:

a) The authority organizing formulation of the planning shall take charge and cooperate with Ministries and ministerial authorities concerned in determining planning tasks and submitting them to the Prime Minister for approval.

b) The planning authority shall select a planning consultancy; formulate planning and send it for enquiry as prescribed in Article 19 of this Law;

c) The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

d) The planning authority shall complete the planning according to the conclusion of the planning appraisal council, report it to the Minister, who will submit it to the Prime Minister for approval.

3. Procedures for formulation of the regional planning:

a) The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in determining planning tasks and submitting them to the Prime Minister for approval.

b) The planning authority shall select a planning consultancy; take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess regional socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;

c) Relevant Ministries, ministerial authorities and local governments shall select a consultancy to develop the parts of the planning contents and appraise such parts before they are submitted to the planning authority;

d) The planning authority shall take charge and cooperate with relevant Ministries, ministerial authorities and local governments in considering and addressing inter-regional and inter-provincial issues to ensure uniformity and effectiveness of the planning; propose adjustments to the contents of the planning developed by relevant Ministries, ministerial authorities and local governments;

dd) Relevant Ministries, ministerial authorities and local governments shall adjust and complete the parts of the planning and send them to the planning authority;

e) The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of this Law;

g) The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

h) The planning authority shall complete the planning according to the conclusion of the planning appraisal council, which will submit it to the Prime Minister for approval.

4. Procedures for formulation of the provincial planning:

a) The planning authority shall take charge and cooperate with relevant authorities, the People’s Committees of districts in determining planning tasks, reporting them to the People’s Committees of provinces, which will submit them to the Prime Minister for approval;

b) The planning authority shall select a planning consultancy; take charge and cooperate with relevant authorities and the People’s Committees of districts in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess local socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;

c) Relevant authorities and the People’s Committees of districts shall propose the contents to be included in the planning under the their management and send them to the planning authority;

d) The planning authority shall take charge and cooperate with relevant authorities and the People’s Committee of the district in considering and addressing common and inter-district issues to ensure uniformity and effectiveness of the planning; propose adjustments to the contents of the planning developed by authorities and People's Committees of districts;

dd) Relevant authorities and People’s Committees of districts shall adjust and complete the parts of the planning and send them to the planning authority;

e) The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of this Law;

g) The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

h) The planning authority shall complete the planning according to the conclusion of the planning appraisal council and submit it to the People’s Committees of provinces;

i) The People’s Committee of the province shall submit the planning to the People's Council of the province, which will submit it to the Prime Minister for approval.

Article 17. Planning consultancy

1. Planning authorities, Ministries, ministerial authorities and local governments shall select planning consultancies in accordance with regulations of the Law on Bidding.

2. A planning consultancy shall have a legal status and satisfy qualification requirements suitable for its assigned tasks in accordance with regulations of the Government.

Article 18. Strategic environmental assessment during planning formulation

1. The planning authority shall prepare a strategic environmental assessment report in accordance with regulations of the Law on Environmental Protection.

2. The strategic environmental assessment report shall be prepared and appraised at the same time the planning is formulated and appraised.

3. The contents of the strategic environmental assessment report upon planning formulation are specified in the Law on Environmental Protection.

Article 19. Seeking opinions on planning

1. The planning authority shall seek opinions from Ministries, ministerial authorities, People’s Committees at all levels of relevant local governments, the public, and other organizations and individuals related to planning, except for those related to the national sector planning, their opinions shall be sought by the authority organizing formulation of the planning. For the regional and provincial planning, the planning authority shall seek opinions from the People’s Committees of provinces of adjacent areas.

2. Opinions of organizations and individuals shall be sought through submission of documents and website of the planning authority. The enquired organizations shall give written responses.

3. The public’s opinions on the planning shall be sought through website of the planning authority, public places, questionnaires, conferences, workshops and in other forms in accordance with regulations of the law on exercise of democracy in communes, wards and townships.

4. Opinions must be considered, responded to and reported to a competent authority before the planning is appraised, decided or approved. The planning authority shall make opinions and responses to opinions publicly available.

5. The Government shall elaborate seeking of opinions on each type of planning.

Section 2. PLANNING CONTENTS

Article 20. Bases for formulating planning

1. Socio-economic development strategy and field and sector development strategy during the same development period.

2. Planning at a higher level.

3. Planning of the previous period.

Article 21. Requirements for contents of the planning

1. Ensure the fulfillment of requirements for planning and developing entire national territory towards sustainable development in association with environmental protection, natural disaster management and climate change resilience; distribute, extract and use natural resources in a proper and effective manner and preserve historical-cultural relics, cultural heritages and natural heritages for present and future generations.

2. Regarding the spatial distribution during planning formulation, ensure uniformity between infrastructure, land allocation and environmental protection, ecosystem services.

3. Ensure connection, uniformity and systematism between sectors and regions nationwide, between areas in the regions and take maximum advantage of the existing infrastructure; fully exploit potentials and advantages of each region and area in association with social progress and equality and assurance of social security and national defense and security.

4. Maintain a balance between socio-economic factors, national defense and security, and environmental protection during planning formulation.

5. Secure reduction in negative effects of socio-economic development and environment on the livelihood of the public, elderly people, disabled people, ethnics, women and children. The planning shall be formulated in combination with other policies to promote development in disadvantaged and extremely disadvantaged areas and ensure sustainable livelihood of the people in disadvantaged and extremely disadvantaged areas.

6. Ensure harmony of interests between the State and the public and between regions and areas.

7. Protect the public’s and other organizations and individuals’ right to offer their opinions during planning formulation.

8. Ensure scientism and apply modern technology during planning formulation; meet technical standards and regulations and conform to the country’s needs for development and international integration.

9. Ensure uniformity and connection in planning contents, which shall be shown in a planning report and system of planning diagrams, maps and database.

Article 22. Contents of the national comprehensive planning

1. The national comprehensive planning shall specify spatial distribution and arrangement of nationally or internationally important socio-economic, defense, security and environmental protection activities as well as inter-regionally strategic ones in the territory of Vietnam, including mainland, islands, archipelagoes, territorial waters and airspace.

2. The national comprehensive planning includes the following main parts:

a) Analysis and assessment of natural conditions, national development, national and international development trend, major development policies and orientations, relevant planning and plans, and resources; scientific and technological development trends; national defense and security areas; nature reserves; areas that need to be preserved or rehabilitated, historical-cultural relics, scenic beauties and subjects already inventoried; areas where extraction and use are restricted and areas where development is encouraged in accordance with relevant regulations of law.

b) Viewpoints and objectives for development;

c) Forecasting of development trends and developmental scenarios;

d) Orientation for socio-economic space development;

dd) Orientation for marine space development;

e) Orientation for national land use;

g) Orientation for airspace exploitation and use;

h) Orientation for zoning and regional interconnection;

i) Orientation for development of national urban and rural system;

k) Orientation for development of national social infrastructure;

k) Orientation for development of national technical infrastructure;

m) Orientation for use of natural resources, environmental protection, natural disaster management and climate change resilience;

n) List of nationally important projects and their execution in order of priority;

o) Solutions and resources for planning implementation.

3. The Government shall elaborate the contents of the national comprehensive planning that are specified in Clause 2 of this Article and provide for integration of planning into the national comprehensive planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 23. Contents of the national marine spatial planning

1. The national marine spatial planning shall specify zoning and spatial arrangement, distribution and organization 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.

2. The national marine spatial planning includes the following main contents:

a) Analysis and assessment of factors, natural conditions, resources, conditions directly affecting and use of spaces for carrying out activities within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

b) Areas where extraction is prohibited, conditional extraction areas, areas where development is encouraged, areas that need to be provided with special protection for the purposes of national defense, security, environmental protection and preservation of ecosystem within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

c) Forecasting of trends in fluctuation of natural resources and environment, effects of climate change on natural resources and environment; demand for extraction and use of natural resources and requirements for protection of environment within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam during the planning period;

d) Forecasting of developmental context and scenarios; assessment of opportunities and challenges to activities requiring marine space;

dd) Viewpoints and objectives for development;

e) Orientation for provision and use of spaces for carrying out activities within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

g) Zoning of land within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

h) Solutions and resources for planning implementation;

i) List of nationally important projects and their execution in order of priority;

3. The Government shall elaborate the contents of the national marine spatial planning that are specified in Clause 2 of this Article and provide for integration of planning into the national marine spatial planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 24. Contents of the national land use planning

1. The national land use planning shall specify distribution and organization of spaces used for the purposes of socio-economic development, national defense and security assurance, environmental protection, natural disaster management and climate change resilience according to land potentials and demand for land use by inter-regional and inter-provincial fields and sectors.

2. The national land use planning includes the following main parts:

a) Analysis and assessment of factors, natural conditions, resources, conditions directly affecting and use of land by fields and sectors.

b) Forecasting of trends in fluctuation of land use;

c) Viewpoints and objectives for land use during the new period;

d) Orientation for distribution of spaces and quotas for use of farming land and forest land;

dd) Orientation for distribution of spaces and quotas for use of non-farming land;

e) Unused land space;

g) Solutions and resources for planning implementation.

3. The Government shall elaborate the contents of the national land use planning that are specified in Clause 2 of this Article.

Article 25. Contents of the national sector planning

1. The national sector planning shall specify orientations for development, distribution and organization of spaces and resources used for common, inter-regional and inter-provincial sectors.

2. A list of national sector planning is specified in the Appendix 1 of this Law.

According to socio-economic conditions and state management requirements during each period, the Government shall review the list of national sector planning and submit it to the Standing Committee of National Assembly.

3. The national infrastructure planning includes the following main parts:

a) Analysis and assessment of factors, natural conditions, resources, provision and use of spaces by national infrastructure sectors;

b) Forecasting of development trends and development scenarios directly affecting national infrastructure during the planning period;

c) Common and inter-regional assessment; socio-economic development requirements applied to sectors; opportunities and challenges to the development of national infrastructure sectors;

d) Viewpoints and objectives for development of national infrastructure sectors;

dd) Plans for development of infrastructure sectors nationwide and in territories;

e) Orientation for provision of land used for development of national infrastructure sectors, environmental protection, climate change resilience and preservation of ecology, landscapes and relics that have been nationally ranked;

g) List of nationally important projects, prioritized projects on national infrastructure sectors and their execution in order of priority;

h) Solutions and resources for planning implementation.

4. The national natural resource use planning includes the following main contents:

a) Analysis and assessment of natural conditions, investigation and survey of extraction and use of natural resources;

b) Assessment of effects of extraction and use of natural resources;

c) Analysis and assessment of socio-economic development policies and orientations related to extraction and use of natural resources, national environmental protection and relevant planning;

d) Forecasting of science and technology advances and socio-economic development that affects protection, extraction and use of natural resources during the planning period;

dd) Viewpoints and objectives for extraction and use of natural resources in service of socio-economic development;

e) Areas where extraction and use of natural resources are prohibited, restricted or encouraged;

g) Orientation for environmental protection, natural disaster management and climate change resilience;

h) Solutions and resources for planning implementation.

5. The national environmental protection planning includes the following main parts:

a) Assessment of state and changes in the quality of environment, natural landscapes and biodiversity; waste generation and forecasting of waste generation; effects of climate change; environmental management and protection;

b) Viewpoints, objectives, tasks and solutions for environmental protection;

c) Environmental zoning; nature and biodiversity conservation; waste management; environmental monitoring and warning;

d) List of nationally important projects, prioritized projects on environmental protection and their execution in order of priority;

dd) Solutions and resources for planning implementation.

6. The national biodiversity conservation planning includes the following main contents:

a) Assessment of state and changes in biodiversity, biodiversity management and conservation;

b) Viewpoints, objectives, tasks and solutions for biodiversity conservation;

c) High-biodiversity areas; important ecological landscapes; nature reserves; biodiversity corridors; biodiversity conservation establishments;

d) List of nationally important projects, prioritized projects on biodiversity conservation and their execution in order of priority;

dd) Solutions and resources for planning implementation.

7. The Government shall elaborate the contents of the national sector planning that are specified in Clauses 3, 4, 5 and 6 of this Article and provide for integration of planning into the national sector planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clauses 3, 4, 5 and 6 of this Article shall be carried out in accordance with relevant regulations of law.

Article 26. Contents of the regional planning

1. The regional planning shall specify orientations for development, arrangement and distribution of resources for carrying out common, inter-regional and inter-provincial socio-economic, national defense and security, and environmental protection activities.

2. The regional planning includes the following main parts:

a) Analysis and assessment of factors, natural conditions, special resources of the region;

b) Viewpoints and objectives for regional development;

c) Orientation for development of key sectors of the region; plans for development, arrangement, selection and provision of resources for development within the region;

d) Orientation for creation of urban and rural system; economic zones, industrial parks, export-processing zones, hi-tech parks; tourism areas; research and training areas; sports complex; nature reserves, areas that need to be preserved or rehabilitated, historical-cultural relics, scenic beauties and subjects already inventoried; centralized production areas;

dd) Orientation for infrastructure development;

e) Orientation for environmental protection, extraction and protection of river basin water, natural disaster management and climate change resilience within the region;

g) List of projects and their execution in order of priority;

dd) Solutions and resources for planning implementation.

3. The Government shall elaborate the contents of the regional planning that are specified in Clause 2 of this Article and provide for integration of planning into the regional planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 27. Contents of the provincial planning

1. The provincial planning shall specify national projects included in the national planning; regional and inter-provincial projects included in the regional planning; orientation for development and arrangement of spaces and provision of resources for carrying out socio-economic, national defense and security, and environmental protection activities at provincial and inter-district level, and orientation for distribution within districts.

2. The provincial planning includes the following main parts:

a) Analysis and assessment of and forecasting of factors, special development conditions of the province; assessment of socio-economic development, land use, and urban and rural systems;

b) Viewpoints, objectives and plans for development;

c) Orientation for development of important sectors within the province; plans for organization of socio-economic activities;

d) Schemes for urban system planning, including national and regional urban areas already specified in the regional planning within the province; plans for development of provincial capitals, cities and towns within the province; plans for distribution of economic zones; industrial parks; export-processing zones, hi-tech parks; tourism areas; research and training areas; sports complexes; nature reserves, areas that need to be preserved or rehabilitated, historical-cultural relics, scenic beauties and subjects already inventoried and specified in the national planning and regional planning within the province; plans for development of industrial clusters; plans for spatial organization of rural areas and development of centralized agricultural production areas; plans for distribution of residential areas; determination of military and security zones; plans for development of disadvantaged and extremely disadvantaged areas and key areas;

dd) Plans for development of transport network, including the network of expressways, national highways and railways; inland waterways and sea routes; seaports, international and national airports; inter-provincial road and waterway networks already specified in the national planning and regional planning within the province; provincial road network;

e) Plans for development of electricity supply network, including electricity supply works and transmission network already specified in the national planning and regional planning within the province; transmission network and distribution grid;

g) Plans for development of telecommunications network, including international, national and inter-provincial telecommunications already specified in the national planning and regional planning within the province; plans for development of passive telecommunications infrastructure; important telecommunications works related to national security and telecommunications works of provinces;

h) Plans for development of irrigation and water supply networks, including regional and inter-provincial irrigation and water supply networks already specified in the national planning and regional planning within the province; inter-district irrigation and water supply networks;

i) Plans for development of waste treatment areas, including regional and inter-provincial hazardous waste treatment areas already specified in the national planning and regional planning within the province; inter-district waste treatment areas;

k) Plans for development of social infrastructure, including national, regional and inter-provincial social infrastructure projects already specified in the national planning and regional planning within the province; culture, sports and tourism institutions, trade centers, fairs, exhibitions and other social infrastructure of provinces;

l) Allocation and zoning of land by purpose and type of land up to district level;

m) Schemes for inter-regional and inter-district construction planning;

n) Plans for environmental protection, extraction, use and protection of natural resources, biodiversity, natural disaster management and climate change resilience within the province;

o) List of provincial projects and their execution in order of priority;

p) Solutions and resources for planning implementation.

3. The Government shall elaborate the contents of the provincial planning that are specified in Clause 2 of this Article and provide for integration of planning into the provincial planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 28. Contents of the urban planning and rural planning

The contents of the urban and rural planning and the development, appraisal, approval, implementation and adjustment thereof shall be carried out in accordance with regulations of the Law on Urban Planning and Law on Construction.

The urban and rural planning shall be made publicly available in accordance with regulations of this Law, the Law on Urban Planning and Law on Construction.