Chương III Luật quy hoạch 2017: Thẩm định, quyết định hoặc phê duyệt, công bố và cung cấp thông tin quy hoạch

Chapter III

APPRAISAL, DECISION OR APPROVAL, ANNOUNCEMENT AND PROVISION OF INFORMATION ON PLANNING

SECTION 1. PLANNING FORMULATION

Article 29. The power to establish a planning appraisal council

1. The Prime Minister shall establish a planning appraisal council to appraise the national and regional planning.

2. The Ministry of Planning and Investment shall establish a planning appraisal council to appraise the provincial planning.

Article 30. Planning appraisal council

1. A national and regional planning appraisal council includes President and members of the council. President of the planning appraisal council is the Prime Minister or Deputy Prime Minister. Members of the appraisal council include representatives of Ministries, ministerial authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be decided by the President of the council.

2. A provincial planning appraisal council includes President and members of the Council. The President of the appraisal council is the Minister of Planning and Investment. Members of the appraisal council include representatives of Ministries, ministerial authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be decided by the President of the council.

3. The planning appraisal council shall operate according to the collective system and be responsible for formulating planning. The standing body of the appraisal council shall seek opinions from experts, socio-professional organizations and other relevant organizations before sending them to the planning appraisal council.

When necessary, the planning appraisal council may select an independent reviewer. An independent reviewer must satisfy qualification requirements suitable for his/her assigned tasks in accordance with relevant regulations of law and regulations of the Government.

4. The Government shall elaborate this Article.

Article 31. Applications for planning appraisal

1. An application for planning appraisal includes the following main documents:

a) An application form;

b) A planning report;

c) A draft planning decision or approval.

d) A consolidated report on opinions of the public and other organizations and individuals on the planning, copies of written opinions of Relevant Ministries, ministerial authorities and local governments; report on response to opinions on planning (hereinafter referred to as “response report”).

dd) A strategic environmental assessment report;

e) Planning diagrams, maps and database.

2. The planning appraisal council shall only carry out the appraisal when receiving a sufficient application specified in Clause 1 of this Article. When necessary, the appraisal council may request the submitting authority to provide additional information and explain relevant contents.

Article 32. Issues that need appraising

The appraisal shall focus on:

1. conformity to the approved planning tasks;

2. compliance with the procedures for planning formulation that are specified in Article 16 of this Law;

3. integration of planning contents provided by relevant Ministries, ministerial authorities and local governments;

4. conformity of the planning to the regulations specified in Section 2, Chapter II of this Law.

Article 33. Planning formulation report

1. A report on appraisal of the national comprehensive planning, national marine spatial planning and national land use planning shall clearly specify opinions of the planning appraisal council on issues that need appraising specified in Article 32 of this Law and decide whether to submit the planning to the National Assembly for decision.

2. A report on appraisal of the national sector planning, regional planning and provincial planning shall clearly specify opinions of the planning appraisal council on issues that need appraising specified in Article 32 of this Law and decide whether to submit the planning to the National Assembly.

3. A report on appraisal of the national comprehensive planning, national marine spatial planning, national land use planning and regional planning and enclosures shall be submitted to the planning authority within 15 days from the end of the appraisal. The planning authority shall consider and respond to appraisal opinions to modify and complete the application for decision or approval for planning.

A report on appraisal of the national sector planning and provincial planning and enclosures shall be submitted to the authority organizing formulation of the planning within 15 days from the end of the appraisal. The authority organizing formulation of the planning shall direct the planning authority to consider and respond to appraisal opinions to modify and complete the application for approval for planning.

In case the planning conclusion is ineligible to be submitted for decision or approval, the planning appraisal council shall return the application to the submitting authority and provide explanation.

Section 2. DECISION OR APPROVAL FOR PLANNING

Article 34. The power to decide or approve planning

1. The National Assembly shall decide the national comprehensive planning, national marine spatial planning and national land use planning.

2. The Prime Minister shall approve the national sector planning, regional planning and provincial planning.

Regarding the capital planning, the Prime Minister shall approve it after opinions of the National Assembly are obtained.

Article 35. Application for decision or approval for planning

An application for decision or approval for planning includes the following main documents:

1. An application form;

2. A planning report;

3. Draft planning decision or approval;

4. A consolidated report on opinions of the public, organizations and individuals on the planning, copies of written opinions of Relevant Ministries, ministerial authorities and local governments; response report.

5. A strategic environmental assessment report;

6. A planning appraisal report, copies of written opinions of experts, socio-professional organizations and other relevant organizations; a review prepared by the independent reviewer (if any);

7. A response report;

8. Planning diagrams, maps and database.

Article 35. Procedures for decision on the national comprehensive planning, national marine spatial planning and national land use planning

1. Within 60 days before the opening date of the session of the National Assembly, the Government shall submit the application for decision on planning to the National Assembly's authority for inspection.

2. The inspecting authority may request the Government and relevant organizations and individual to report issues concerning the contents of the planning. Organizations and individuals shall provide sufficient information and documents to serve the appraisal.

3. The inspection shall focus on:

a) Conformity of the contents of the planning to the Communist Party’s policies; constitutionality, legitimacy and uniformity in the planning system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a signatory;

b) Conformity of the planning to the regulations specified in Section 2, Chapter II of this Law;

c) Feasibility of the planning and conditions for ensuring resources and finance for planning implementation.

4. The National Assembly shall consider and approve the resolution on national comprehensive planning, national marine spatial planning and national land use planning.

Article 37. Contents of decision or approval for planning

The contents of the decision or approval for planning are specified in Clause 2 Article 22, Clause 2 Article 23, Clause 2 Article 24, Clauses 3, 4, 5 and 6 Article 25, Clause 2 Article 26 and Clause 2 Article 27 of this Law, depending on the type of planning.

Section 3. ANNOUNCEMENT AND PROVISION OF INFORMATION ON PLANNING

Article 38. Announcement of planning

1. Within 15 days from the day on which the planning is decided or approved by the competent authority, its contents must be announced publicly, except for those that contain state secrets in accordance with regulations of the Law on Protection of State Secrets.

2. The planning shall be announced in the forms specified in Article 40 of this Law.

Article 39. Responsibilities for organization of planning announcement

1. The Ministry of Planning and Investment shall organize announcement of the national comprehensive planning and regional planning.

2. The Ministry of Natural Resources and Environment shall organize announcement of the national marine spatial planning and national land use planning.

3. Ministries and ministerial authorities shall organize announcement of the national sector planning within their power.

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

Article 40. Forms of planning announcement

1. The planning shall be published on the website of the authority organizing formulation of the planning and planning authority on a regular and continuous basis.

2. Apart from compliance with Clause 1 of this Article, the planning shall be announced in the following forms:

a) Use of media;

b) Presentation of planning models, diagrams, maps and database;

c) Organization of conferences and workshops;

d) Release of publications.

3. The Government shall elaborate Clause 2 of this Article.

Article 41. National planning information and database systems

1. The national planning information and database systems shall be established and operated in a uniform manner nationwide to serve planning.

The national planning information and database systems include planning documents, data on nature, economy, society, environment, climate change, national defense and security in association with the standardized and regularly updated national geographic database system.

2. Responsibilities for establishment of national planning information and database systems:

a) The Ministry of Planning and Investment shall organize establishment, management and operation of national planning information and database systems;

b) The Ministry of Natural Resources and Environment shall provide the standardized and regularly updated national geographic database system to create a framework database for the national planning information and database systems;

c) Ministries and ministerial authorities shall update relevant data under their management to the national planning information and database systems;

d) The People’s Committees of provinces shall update relevant data under local management to the national planning information and database systems.

3. The Government shall elaborate this Article.

Article 42. Provision of information on planning for organizations and individuals

1. Information on the decided or approved planning must be adequately, promptly and accurately provided for organizations and individuals upon request, except for information relating to state secrets in accordance with regulations of the Law on Protection of State Secrets.

2. The Ministry of Planning and Investment shall provide information on the national planning, regional planning and provincial planning.

3. The Ministry of Natural Resources and Environment shall provide information on the national land use planning and national marine spatial planning.

4. Ministries and ministerial authorities shall provide information on the national sector planning within their power.

5. The People’s Committees of provinces shall provide information about the provincial planning.

Article 43. Forms of provision of information on planning

1. Provision of information in writing or in person on request.

2. Publication of information on websites and through the media according to Article 40 of this Law.

3. Provision of publications about planning.

Article 44. Archiving planning documents

1. The planning documents to be archived include:

a) Documents about planning appraisal specified in Article 31 of this Law;

b) Documents submitted for decision or approval for planning specified in Article 35 of this Law;

c) Reports on appraisal of the national comprehensive planning, national marine spatial planning and national land use planning;

d) Planning decision or written approval;

dd) Other documents (if any).

2. Planning documents shall be archived in accordance with regulations of the Law on Archives.