Chapter II
CONSTRUCTION OF ECONOMIC – DEFENCE ZONES
Section 1. ECONOMIC-DEFENCE ZONE PLANNING COMPONENTS
Article 6. Responsibilities for formulation of economic-defence zone planning components
1. The Ministry of National Defense shall take charge of, and cooperate with concerned ministries, sectoral administrations and provincial-level People's Committees in, reviewing and formulating economic-defense zone planning components according to the provisions of Article 8 of this Decree and sending them to agencies in charge of planning to integrate into the national master plan, the national marine spatial planning and regional planning.
2. Relevant ministries, sectoral authorities and People's Committees of provinces shall cooperate with the Ministry of National Defense in formulating and evaluating economic-defense zone planning components.
3. The agency in charge of planning shall integrate the planning component of an economic-defense zone into the national master plan, national marine spatial planning and regional planning in accordance with the law on planning.
Article 7. Bases for formulation of economic-defence zone planning components
1. The task of formulating the national master plan, the national marine spatial planning, the regional planning approved by the Government and the Prime Minister.
2. Plan on national defense needs, the ability to combine national defense with socio-economic and socio-economic with national defense in peacetime, in the state of emergency and state of war.
3. Provincial planning, sectoral planning and other related planning.
4. Economic-defence zone planning in the previous period.
Article 8. Procedures for formulation of economic-defence zone planning components
The Ministry of National Defense shall be in charge of formulating economic-defence zone planning components according to the following procedures:
1. Select a consultant having legal status and professionally qualified to develop economic-defense zone planning components according to the provisions of Article 4 of the Government’s Decree No. 37/2019/ND-CP dated May 7, 2019, detailing the implementation of a number of articles of the Planning Law (hereinafter referred to as Decree No. 37/2019/ND-CP).
2. Military zones, military services, and army corps agree with provincial People's Committees on the scope and scale of each economic-defense zone to ensure uniformity, efficiency and conformity with the national planning, regional planning, provincial planning and other relevant planning.
3. Develop components of the economic-defense zone planning, and consult with relevant ministries, sectoral administrations and provincial-level People's Committees as prescribed in Article 29 of Decree No. 37/2019/ND-CP.
4. Make a general report on review of and response to opinions of relevant ministries, sectoral administrations and provincial-level People's Committees, and complete components of the planning for construction of an economic-defense zone (if any).
5. Organize the appraisal of components of the planning for economic-defense zones according to the provisions of Article 10 of this Decree.
6. Complete the economic-defence zone planning component according to the conclusion of the Review Council, and send it to the agency in charge of planning to integrate it into the national master plan, national marine spatial planning and regional planning.
Article 9. Contents of economic-defence zone planning component
1. Objectives of construction and development of an economic-defence zone.
2. Determination of the number, size, position and organizational structure of economic-defense zone on land, sea borders and islands.
3. Analysis and assessment of the current socio-economic development, national defense and security situation; forecast about development factors, conditions, resources, trends and scenarios; recommended guidelines, goals and orientations towards developmental priority.
4. Analysis and assessment of the current status of factors and characteristics of natural and social conditions and resources of each region and province, and assessment of environmental impacts when formulating the planning component of economic-defense zone.
5. Guidelines for development of advantages of each region and province; plans for development, arrangement, selection and distribution of developmental resources in each region and province where an economic-defense zone is located.
6. Guidelines for construction and development of an economic-defence zone, including: Determining defensive or socio-economic zones associated with national defense and security, agriculture and rural development, and concentrated production areas; identifying residential centers and spots within the economic-defense zone.
7. Infrastructure development guidelines.
8. Orientations towards environmental protection, culture - sports and tourism, exploitation and protection of natural resources, natural disaster prevention and response and climate change response in regions and provinces.
9. List and priority order of projects.
10. Solutions and resources necessary for carrying out the planning component.
11. Representation of the plan of the economic-defense zone planning component on the map on 1/1,000,000 scale and the map extract on 1/500,000 scale for each economic-defense zone.
Article 10. Review of economic-defence zone planning components
1. The Minister of National Defense shall set up a council to review the planning component of economic-defense zones (hereinafter referred to as Review Council) according to the provisions of Articles 33 through Article 38 of the Decree No. 37/2019/ND-CP.
2. The Review Council is joined by the Chairman and members, including:
a) A leader of the Ministry of National Defense holds the office as its Chairman;
b) Leaders of affiliates of the Ministry of National Defense, relevant military zones, military services and army corps hold the office as its members;
c) Leaders of other relevant ministries, sectoral administrations or provincial People’s Committees are invited to join the Council.
3. Dossiers of review of an economic-defence zone planning component, including:
a) Review request form;
b) Explanatory report on the economic-defense zone planning component according to the provisions of Article 9 of this Decree;
c) Thematic reports and appendices;
d) Maps, including: The administrative map; the map indicating locations and inter-regional and intra-regional relationships; the map indicating the current state and the planning of major infrastructure systems, population centers and spots in the economic-defense zone; the map indicating the territorial organization of major socio-economic activities in the economic-defense zone; these maps shall be made according to the scales specified in Clause 11, Article 9 of this Decree;
dd) Report on reception and explanation together with opinions of relevant ministries, sectoral administrations and provincial-level People's Committees;
e) Other relevant documents and records.
4. Contents of the review of the economic-defence zone planning component:
a) Legal bases, scientific rationales, reliability of information, data and figures used to formulate the economic-defense zone planning component;
b) Relevance of the main objectives, targets, plans for allocation of resources used in the economic-defense zone planning component to the socio-economic development strategy; national defense and security objectives and tasks; positions in the defensive area;
c) Consistency of the economic-defense zone planning component with the national master plan, the national marine spatial plan, the regional plan, the provincial plan, the sectoral plan and other relevant plan at the place where the economic - defense zone project is located;
d) Solution for implementing the planning component, feasibility and measures for management of implementation of the planning component.
Article 11. Revision of economic-defence zone planning component
1. The Ministry of National Defense shall preside over, and cooperate with concerned ministries, sectoral administrations and provincial-level People's Committees in, proposing adjustments to contents of the economic-defense zone planning component on the following bases:
a) Any adjustment to the contents of the national planning, regional planning, provincial planning, sectoral planning and other relevant planning entails any change in the organizational objectives, scale, contents, and orientation of the economic - defense zone planning component;
b) Subject to national defence and security requirements.
2. The process of making a revision request and application for revision of an economic-defense zone planning component shall be the same as the process for formulation of the planning component as specified in Article 8, Clause 3 of Article 10 of this Decree. Upon the request of the Ministry of National Defense for revision of the economic-defense zone planning component, the agency in charge of planning shall integrate adjustments into the national master plan, the national marine spatial plan or the regional plan in accordance with the law on planning.
3. With regard to adjustments that do not change the objectives of an economic-defense zone planning component, the Minister of National Defense shall issue its decision upon adjustment of the plan for construction of economic-defense zones.
Section 2. PLAN FOR CONSTRUCTION OF ECONOMIC-DEFENCE ZONE
Article 12. Authority over economic-defence zone planning
1. The Ministry of National Defense shall direct military zones, military services and army corps to cooperate with relevant provincial People's Committees in formulating economic-defense zone construction plans.
2. Military zones, military services, and army corps shall direct economic-defense delegations to nominate organizations providing counsel on construction of economic-defense zones that are put under their jurisdiction.
3. Planning consulting bodies must meet the conditions concerning capacity and experience so that they are suitable for the assigned work as prescribed by law.
Article 13. Tasks of formulation of economic-defence zone construction plans
1. Bases:
a) Economic-defense zone planning components in the national planning, national marine spatial planning or regional planning approved by competent authorities;
b) Other relevant legislative documents;
c) Review and evaluation report on past performance.
2. Tasks of formulation of an economic-defence zone construction plan must mainly comprise:
a) Planning bases;
b) Requirements concerning planning contents and methods;
c) Planning budget;
d) Planning time limit;
dd) Responsibilities of involved bodies.
3. The Ministry of National Defense shall review and consider approving tasks and costing of formulation of an economic-defence zone construction plan.
The review council must be joined by: The Chairperson who is one of the Ministry of National Defense’s leaders; the Secretariat that is in charge of military production and economic development tasks; Members who are leaders of relevant affiliates of the Ministry of National Defense.
4. The State Budget’s regular expenditures shall constitute the budget for formulation of the economic-defence zone plan.
Article 14. Processes for formulation of an economic-defence zone construction plan
Based on the tasks and costing of formulation of the approved economic-defense zone construction plan, the military zone, military service and army corps shall direct an economic-defense delegation to:
1. Select a consulting body meeting the requirements set out in clause 3 of Article 12 herein; analyze, assess and forecast developmental factors, conditions, resources and scenarios; assess the current socio-economic development situations, national defence and security developments and recommend guidelines, goals and objectives of developmental priority.
2. Agree with People's Committees at all levels on the location and size of each project to ensure consistency and efficiency in accordance with each local general planning.
3. Complete the plan to build an economic-defense zone, and send it to the People's Committee of district and province to seek its comments according to regulations.
4. Receive and respond to opinions of each locality, complete the plan and report it to the Ministry of National Defense for its review.
5. Finalize the plan so that the military zone, military service or army corps presents it to the Ministry of National Defense to seek its approval.
Article 15. Requirements concerning contents of an economic-defence zone construction plan
1. Match the economic-defense zone planning component in the national master plan, national marine spatial plan or regional plan approved by competent authorities; fit into the local socio-economic development and other relevant plan; ensure national defense and security at border lines and defensive areas.
2. If the economic - defense zone is located on sea or islands: In addition to meeting the requirements specified in Clause 1 of this Article, the plan for construction of the economic-defense zone on sea or islands must be in line with the Vietnam Strategy for Sustainable Marine Economic Development, the marine spatial plan or the national and socio-economic development plan, ensuring national defense and security on sea and islands.
3. The plan for construction of an economic-defense zone is determined on the basis of the regional defense plan, the plan for organization and stabilization of population, goals of sustainable poverty reduction, strengthening of health, cultural and spiritual life of people in the economic-defense zone.
Article 16. Contents of an economic-defence zone construction plan
1. Formulating the plan for organization and stabilization of population.
2. Formulating the land use plan.
3. Formulating the plan for implementation of investment projects.
4. Assessing the relevance of the development of the economic – defense zone to the tasks of environmental protection and developing environmental protection solutions.
5. Building and using resources required for implementation of the plan.
6. Formulating the special mass mobilization and public relation plan.
7. Developing other plans according to the regulations of the Ministry of Defense.
Article 17. Revision of an economic-defence zone construction plan
1. Bases:
a) Economic-defence zone planning component is revised;
b) The national master plan, the national marine spatial plan, the regional plan, the provincial plan, the sectoral plan or other relevant plan is revised;
c) Subject to national defence and security requirements.
2. Revision processes and procedures:
a) When there are grounds specified in Clause 1 of this Article, an economic-defense delegation shall report to the High Command of the military zone, military service or army corps on the revised contents of the plan for construction of an economic-defense zone;
b) The High Command of the military zone, military service or army corps shall agree with the relevant provincial People's Committee on the revised contents of the economic-defense zone construction plan;
c) The commander of the military zone, military service or army corps shall report to the Minister of National Defense on such revision.
3. Application package for revision of the plan, including:
a) Application form for revision of the plan;
b) Explanatory report on revision plans;
c) Thematic plan reports and appendices.
Section 3. OPENING AND CLOSING OF ECONOMIC-DEFENCE ZONES
Article 18. OPENING AND CLOSING OF ECONOMIC-DEFENCE ZONES
1. The Minister of National Defense shall decide to open a new economic-defense zone on the following grounds:
a) Economic-defense zone planning components in the national planning, national marine spatial planning or regional planning approved by competent authorities;
b) Urgency in terms of national defense and security, socio-economic development tasks;
c) Local socio-economic situation.
2. Conditions for opening of a new economic-defence zone:
a) There exists an agreement in writing by the People's Committee of the province on the opening of the new economic-defense zone;
b) The opening of the new economic-defense zone falls within the medium-term public investment plan and the ability to secure the state budget capital.
3. Procedures for opening a new economic-defence zone:
a) The military zone, military service or army corps sends documents included in the proposal for opening of the new economic-defense zone specified in Clause 4 of this Article to the People's Committee of the province where the new economic-defense zone expects to be opened to seek its approval.
Within 15 days of receipt of these written documents from the military zone, military service or army corps, the provincial People's Committee gives its written opinions on the urgency, suitability, scope and scale of the proposed economic-defense zone;
b) Submitting a report to the Minister of National Defense on the opening of the new economic-defense zone.
4. Documents included in the proposal for opening a new economic-defence zone:
a) The written request for the opening of the new economic-defense zone that is made by the military zone, military service or army corps;
b) Written statement of the provincial People’s Committee;
c) Other relevant legislative documents.
Article 19. Completion of construction or development of economic-defence zones
1. The Minister of National Defence shall issue a decision upon completion of construction or development of the economic-defence zone when the goals of construction of such economic-defense zone have achieved.
2. The Ministry of National Defense shall direct the military zone, military service or army corps to review and evaluate the results of the achievement of the objectives and tasks of building the economic-defense zone.
3. The military zone, military service or army corps shall direct the economic-defense delegation to cooperate with the People's Committee at any relevant level in implementing the procedures for completing the construction of the economic-defense zone and transferring basic facilities to the competent local authority.
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