Chương IV Luật quy hoạch 2017: Thực hiện, đánh giá, điều chỉnh quy hoạch

Chapter IV

IMPLEMENTATION, ASSESSMENT AND ADJUSTMENT OF PLANNING

Section 1. PLANNING IMPLEMENTATION

Article 45. Planning implementation plan

1. A planning implementation plan shall be unveiled after the planning is decided or approved.

2. A planning implementation plan includes the following main contents:

a) Public investment project;

b) Investment projects funded by sources other than public investments;

c) Land use plan;

d) Resources and use of resources for planning implementation.

Article 46. Policies and solutions for planning implementation

Policies and solutions for planning implementation shall be introduced in conformity with the planning implementation plan and include the following main contents:

1. Attraction of investment according to the decided or approved planning;

2. Development of human resources;

3. Development of science and technology;

4. Social security assurance;

5. Environmental protection;

6. Assurance of financial resources;

7. Assurance of national defense and security.

Article 47. Resources for planning implementation

1. Ministries and ministerial authorities shall, within their power, provide resources or request a competent authority to provide resources for planning implementation.

2. The Ministry of Planning and Investment shall take charge and cooperate with the Ministry of Finance in requesting funding for public investment projects in accordance with regulations of the Law on Public Investment and Law on State Budget to a competent authority.

3. The Ministry of Natural Resources and Environment shall take charge and cooperate with Ministries, ministerial authorities and People’s Committees of provinces in submitting the land use plan to a competent authority to implement the national planning and regional planning.

4. The People's Committee of the province shall unveil the land use plan within its power or request a competent authority to unveil it and provide resources for provincial planning implementation.

Article 48. Planning report

1. Before October 21, Ministries, ministerial authorities and People’s Committees of provinces shall submit planning reports to the Ministry of Planning and Investment, which will submit them to the Prime Minister before December 31.

2. The Government shall submit a planning report to the National Assembly every five years.

Section 2. ASSESSMENT OF PLANNING IMPLEMENTATION

Article 49. Responsibilities for assessment of planning implementation

1. The assessment of planning implementation shall be carried out periodically or upon request according to the assessment criteria decided by the Government.

2. Responsibilities for assessment of planning implementation:

a) The Ministry of Planning and Investment shall assess the implementation of the national comprehensive planning and regional planning;

b) The Ministry of Natural Resources and Environment shall assess the implementation of the national marine spatial planning and national land use planning;

c) Ministries and ministerial authorities shall assess the implementation of the national sector planning within their power;

d) The People’s Committees of provinces shall assess the implementation of the provincial planning.

3. The authority charged with assessing the national comprehensive planning, national marine spatial planning and national land use planning shall submit an assessment report to the Government. When necessary, the Government shall submit it to the National Assembly.

The authority charged with assessing the national sector planning, regional planning and provincial planning shall submit an assessment report to the Prime Minister.

Article 50. Contents of assessment of planning implementation

1. Consolidation, analysis and assessment of the implementation and implementation results; assessment of the extent of accomplishment compared to the planning or the previous period’s extent of accomplishment.

2. Factors and reasons affecting the implementation and implementation results; proposed solutions for improvement of effectiveness in planning during the planning period and the next planning period; request for adjustments to the planning (if any).

Section 3. ADJUSMENT TO PLANNING

Article 51. Principles of planning adjustment

1. The authority that has the power to decide or approve the planning has the power to decide or approve the adjustment to the planning.

2. The authority that has the power to organize planning formulation shall organize the implementation of the plan for adjustments to the planning.

3. The adjustment shall not change the objectives of the planning, except for the cases specified in Clauses 1, 3 and 4, Article 53 of this Law.

Article 52. Review of planning

1. The planning shall be reviewed every five years so that adjustments can be made in conformity with the socio-economic development during each period.

2. The authority organizing formulation of the planning shall organize the review of the planning.

3. A report on review results shall be submitted to the authority that has the power to decide or approve the planning.

Article 53. Bases for adjustments to planning

Adjustments to planning shall be made if one of the following bases is available:

1. Adjustments to the objectives of the socio-economic development strategy and field and sector development strategy change the objectives of the planning;

2. Adjustments to the planning at a higher level change contents of the planning or the plannings at the same level are inconsistent with each other;

3. Changes or adjustments to administrative division affect the nature and scale of space of the planning;

4. Effects of natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning.

5. Random fluctuations of the socio-economic situation limit the resources for planning implementation;

6. Development of science and technology considerably changes the planning implementation;

7. Assurance of nation defense and security is required.

Article 54. Procedures for and power of adjustment to planning

1. The Government shall submit the guidelines for adjustments to the national comprehensive planning, national marine spatial planning and national land use planning to the National Assembly.

Ministries and ministerial authorities shall submit the guidelines for adjustments to the national sector planning within their power to the Prime Minister for approval.

The Ministry of Planning and Investment shall submit the guidelines for adjustments to the regional planning to the Prime Minister for approval.

The People’s Committees of the provinces shall submit the guidelines for adjustments to the provincial planning to the Prime Minister for approval.

2. Procedures for adjustments, announcement and provision of information on adjustments to planning are the same as those for formulation, appraisal, decision or approval, announcement and provision of planning information that are specified in Chapter II and Chapter III of this Law.

3. The authority organizing formulation of the planning shall update and specify adjusted contents in the planning.