Chapter VI
IMPLEMENTATION CLAUSE
Article 57. Amendments to certain articles of the laws relating to planning
1. Clause 2, Article 50 of the Law on Information Technology No. 67/2006/QH11 is amended as follows:
“2. The Ministry of Information and Communications shall announce the list and formulate a plan for development of focal information technology products during each period in conformity with the information technology development strategy.”.
2. Certain articles of the Law on Local Government Organization No. 77/2015/QH13 are amended as follows:
a) Point g, Clause 3 of Article 19 is annulled
b) Point a, Clause 2 of Article 128 is amended as follows:
“a) Conform to the relevant planning decided or approved by the competent authority;”.
3. Certain articles of the Law on Veterinary Medicine No. 79/2015/QH13 are amended as follows:
a) Point b, Clause 1 of Article 5 is amended as follows:
“b) Creation of system for tracing origin of animals and animal products; creation of a network of slaughterhouses and animal product preparing establishments towards industrialization in association with breeding areas;”;
b) Point b, Clause 1 of Article 9 is amended as follows:
“b) Formulate planning for animal epidemic-free zones and establishments, integrate it into the provincial planning and organize implementation thereof; formulate, unveil and organize implementation of the plan for prevention and fighting against animal diseases; programs for supervision, control and eradication of animal diseases;”;
c) Clause 3 and Clause 4, Article 40 are amended as follows:
“3. The Minister of Agriculture and Rural Development shall decide the establishment of animal quarantine stations at main roads nationwide.
4. The People's Committees of provinces shall, according to the regulation of the Minister of Agriculture and Rural Development that is specified in Clause 3 of this Article, decide to establish and organize quarantine of animals and animal products of animal quarantine stations at main roads in within their provinces.”;
d) Point b, Clause 1 of Article 76 is amended as follows:
“b) Direct creation of a network of centralized slaughterhouses and formulation of plans for centralized animal slaughter;
dd) Point a, Clause 2 of Article 76 is amended as follows:
“a) Cooperate with relevant divisions and sectors in setting up a network of centralized slaughterhouses;”.
4. Article 58 of the Law on National Reserve No. 22/2012/QH13 is amended as follows:
“Article 58. Comprehensive national reserve warehouse system planning
1. The comprehensive planning of the system of national reserve warehouses shall be formulated in accordance with the principles prescribed by the Law on Planning and in conformity with the national reserve strategy; in conformity with places of commodity sources, population density; in accordance with safety requirements.
2. The comprehensive national reserve warehouse system planning includes the contents prescribed by the Law on Planning and is compliant with the following requirements:
a) Conform to the objectives and requirements for national reserves;
b) Ensure continuity in the system of national reserve warehouses according to territorial lines and regions;
c) Ensure development towards modernization;
d) Conform to the amount of investments;
dd) Clearly determine implementation solutions and roadmaps.
3. The formulation, appraisal, approval, announcement, implementation and adjustment of the comprehensive national reserve warehouse system planning shall be carried out in accordance with regulations of the Law on Planning and other relevant regulations of law.”.
5. Article 8 of the Law on Vocational Education No. 74/2014/QH13 is amended as follows:
“Article 8. Vocational education institution network planning
1. The vocational education institution network planning shall be formulated in accordance with the principles prescribed by the Law on Planning and ensure the structure of disciplines, training levels and structure of regions; diversity and uniformity of the vocational education system, combination of training and production, business and services; improvement in training quality, and shall serve industrialization, modernization and international integration.
2. The vocational education institution network planning includes the contents prescribed by the Law on Planning and the following contents:
a) Structure of networks of vocational education institutions and training scope according to disciplines, training levels, and types of vocational education institutions;
b) Dispose vocational education institutions in every area or local government;
c) Develop teaching staff and vocational education administrative officials;
d) Invest in training facilities and equipment.
3. The formulation, appraisal, approval, announcement, implementation and adjustment of the national vocational educational institution network planning shall be carried out in accordance with regulations of the Law on Planning and other relevant regulations of law.
4. Ministries, ministerial authorities and People’s Committees of provinces shall, according to the national vocational educational institutions network planning, formulate and approve the planning for a network of their vocational educational institutions and take responsibility for directing the implementation thereof.
The planning for a network of national vocational educational institutions of Ministries, ministerial authorities and local governments shall be integrated into the planning under the national planning system in accordance with regulations of the Law on Planning.”.
6. Clause 5 is added to Article 82 of the Law on Medical Examination and Treatment No. 40/2009/QH12 as follows:
“5. The planning for the system of health facilities nationwide and specialized health facilities shall be integrated into the national health facility network planning; the local health facility system planning shall be integrated into the provincial planning in accordance with regulations of the Law on Planning.".
7. Certain articles of the Law on Telecommunications No. 41/2009/QH12 are amended as follows:
a) Point a, Clause 2 of Article 8 is amended as follows:
“a) Conform to the national socioeconomic development strategy, national planning and national socio-economic development plan during each period; comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a signatory;”;
b) Clause 3 of Article 8 is amended as follows:
“3. The Ministry of Information and Communications shall formulate the national telecommunications development planning and integrate it into the national information and communication infrastructure planning in accordance with regulations of the Law on Planning and other relevant regulations of law.”;
c) Point dd, Clause 1 of Article 14 is amended as follows:
“dd) Be allowed to distribute telecommunications resources in accordance with regulations on management of telecommunications resources;”;
b) Clause 3 of Article 38 is amended as follows:
“3. The adjustment that is made to a telecommunications license within its validity period at the request of the licensed organization or of the Ministry of Information and Communications shall be conformable to regulations on management of telecommunications resources, telecommunications connection, charge rates, technical standards and regulations on telecommunications.”;
dd) Clause 1 of Article 60 is amended as follows:
“1. The common use of transport, energy supply, public lighting, water supply and drainage and telecommunications infrastructure and other infrastructure works must ensure effectiveness and thrift and fulfillment of requirements for landscape and environment, and be conformable to the planning decided or approved by a competent authority.”.
8. Certain articles of the Law on Thrift Practice and Waste Combat No. 44/2013/QH13 are amended as follows:
a) Point d, Clause 2 of Article 5 is amended as follows:
“d) The planning decided or approved by the competent authority; socio-economic development plans; sector and regional development plans; land use plans; list of investment projects and investments; natural resource extraction plans and natural resource extraction;";
b) Article 33 is amended as follows:
“Article 33. Formulation, appraisal and approval of planning, plans and list of investment projects
1. The formulation, appraisal and approval of the planning under the national planning; socio-economic development planning; sector and regional development planning; and land use planning shall be conformable to the socio-economic development strategy and orientation and capability of the economy.
2. The formulation, appraisal and approval of the list of investment projects shall be conformable to the planning decided or approved by the competent authority; socio-economic development plans; plans for development of sectors, regions, fields and products; land use plans.”;
c) Clause 1 of Article 34 is amended as follows:
“1. The formulation and appraisal of the investment projects shall be conformable to the planning decided or approved by the competent authority; socio-economic development plans; sector and regional development plans; land use plans; list of investment projects in accordance with regulations and standards on construction.”.
9. The socio-economic development planning and comprehensive socio-economic development planning which are specified in the Law on National Defense No. 39/2005/QH11, Law on Radio Frequencies No. 42/2009/QH12, Law on Education No. 38/2005/QH11 already amended in the Law on amendments to certain articles of the Law on Education No 44/2009/QH12, Law on Vietnamese Sea No. 18/2012/QH13, Law on Natural disaster management No. 33/2013/QH13, Law on Housing No. 65/2014/QH13, Law on the People’s Public Security Forces No.73/2014/QH13, Law On Natural Resources and Environment of Sea And Islands No. 82/2015/QH13, Law on Access to Information No. 104/2016/QH13, Law on Tourism No.09/2017/QH14, Ordinance on Plant Varieties No. 15/2004/PL-UBTVQH11, Ordinance on Livestock Breeds No. 16/2004/PL- UBTVQH11, Ordinance on Population No. 08/2008/PL-UBTVQH12 already amended in the Ordinance on amendments to Article 10 of the Ordinance on Population No. 08/2008/PL-UBTVQH12 and other legislative documents shall be replaced with the planning decided or approved by the competent authority.
Article 58. Effect
1. This Law comes into force from January 01, 2019.
2. The regulations of this Law on formulation and appraisal of the national planning, regional planning and regional planning come into force from March 01, 2018.
The Government shall provide funding for formulation and appraisal of the planning specified in this Clause in accordance with regulations of the Law on Public Investment and Law on State Budget.
Article 59. Transition clause
1. The planning already decided or approved in accordance with regulations of Law before the effective date of this Law shall be implemented as follows:
a) The national, regional and provincial planning shall be implemented until the end of the planning period. If the contents of such planning are inconsistent with regulations of this Law, such contents shall be adjusted as prescribed by this Law;
b) The detailed planning specified in Appendix 2 of this Law shall continue to be implemented in accordance with relevant regulations of law. If the contents of such planning are inconsistent with the planning at a higher level that is already decided or approved as prescribed by this Law, such contents shall be adjusted to be consistent with the planning at a higher level;
c) The planning integrated into the national, regional and provincial planning shall be implemented until the national, regional and provincial planning are decided or approved as prescribed by this Law, except for the case prescribed in Point b of this Clause;
d) The planning for investment in and development of specific goods, services and products, determination of the volume of goods, services and produced and sold products that is decided or approved is null and void no later than December 31, 2018.
2. The national, regional and provincial planning already that are formulated and appraised before the effective date of this Law but are yet to be decided or approved shall be decided or approved as prescribed by this Law.
3. The planning already decided or approved by the competent authority according to the planning announced before the effective date of this Law shall be implemented until the expiry of such planning in accordance with regulations of law.
4. The Government shall review and issue the list of planning set forth in Point c and Point d, Clause 1 of this Article and Point 39 of the Appendix 2 before December 31, 2018.
5. The Government shall review and request the National Assembly to amend the regulations on planning which are specified in codes and laws on the list provided in the Appendix 3 of this Law and other legislative documents to ensure conformity with the Law on Planning and which come into force no later than January 01, 2019.
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