Nghị định 37/2019/NĐ-CP hướng dẫn Luật Quy hoạch

THE GOVERNMENT	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 37/2019/ND-CP	Hanoi, May 07, 2019

 

DECREE

ELABORATION OF THE LAW ON PLANNING

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant on amendments to some Articles concerning planning of 11 laws dated June 15, 2018;

Pursuant on amendments to some Articles concerning planning of 37 laws dated November 20, 2018;

Pursuant on Ordinance on amendments to some Articles of 04 Ordinances concerning planning dated December 22, 2018;

At the request of the Minister of Planning and Investment;

The Government hereby promulgates a Decree on elaboration of the Law on Planning.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates some contents specified in Articles 15, 17, 19, 22, 23, 24, 25, 26, 27, 30, 40, 41 and 49 of the Law on Planning.

Article 2. Regulated entities

This Decree applies to organizations and individuals involved in formulation, appraisal, decision or approval, announcement and assessment of implementation of national planning, regional planning and provincial planning and other relevant organizations and individuals.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “planning component” means an aspect of the national comprehensive planning, national marine spatial planning and regional planning and is formulated to serve the integration of planning.

2. “authority organizing formulation of planning components” is the Ministry, ministerial agency or People’s Committee of the province assigned to organize formulation of planning components to integrate them into the national comprehensive planning, national marine spatial planning and regional planning.

3. “authority formulating planning components” is an authority assigned to formulate planning components to integrate them into the national comprehensive planning, national marine spatial planning and regional planning.

4. “national marine space” means a space that is composed of coastal areas, islands, archipelagoes, water surface, water mass, seabed and subsoil within the inland area, territorial sea, contiguous zones, exclusive economic zones, continental shelf and airspace within the sovereignty, sovereign rights and national jurisdiction of Vietnam.

Article 4. Requirements on qualifications of planning consultancies

1. A planning consultancy shall have at least 01 consultant satisfying the conditions specified in Clause 2 of this Article and at least 05 consultants satisfying the conditions specified in Clause 3 of this Article. The consultancy that gives advice on formulation of planning components or contents of the national sector planning or provincial planning shall have at least 01 consultant satisfying the conditions specified in Clause 3 of this Article.

2. The consultant who is the head of a planning project must obtain at least a bachelor’s degree in the discipline related to the planning to be formulated, has presided over formulation of at least 01 planning whose level is the same as that of the planning to be formulated or has directly participated in formulating at least 02 plannings whose level is the same as that of the planning to be formulated.

In case the national planning is formulated in Vietnam for the first time, the consultant who is the head of the planning project must obtain at least a bachelor’s degree in the discipline related to the planning to be formulated and has presided over formulation of at least 02 regional plannings or planning tailored for inter-provincial river basins.

3. The consultant who presided over formulation of planning components or contents of the national sector planning or provincial planning must obtain at least a bachelor’s degree in the discipline related to the planning components or contents to be formulated and has directly participated in formulating at least 02 plannings whose level is the same as that of the planning to be formulated.

In case the national planning is formulated in Vietnam for the first time, the consultant who presided over formulation of planning components or contents of the national planning or provincial planning must obtain at least a bachelor’s degree in the discipline related to the planning components or contents to be formulated and has directly participated in formulating at least 02 regional plannings or planning tailored for inter-provincial river basins.

Article 5. Methods for announcing planning

1. In addition to complying with Clause 1 Article 40 of the Law on Planning, planning is announced according to the methods specified in Clauses 2, 3, 4 and 5 of this Article and regulations of law on protection of state secrets.

2. Announce planning via mass media by adopting the following methods:

a) Publish national planning and regional planning on the channels and news of national television and radio station or provincial planning on those of the provincial television and radio stations regarding summary of the written decision or approval for planning and list of prioritized projects during the planning period;

b) Publish summary of the planning at least one time on the front page of a printed newspaper or home page of an online newspaper for at least 30 days.

3. Announce planning by presenting planning models, diagrams, maps and database according to the following methods:

a) Organize exhibitions to introduce planning;

b) Present planning diagrams and maps, planning decision or written approval, and planning models and database at the authority organizing formulation of the planning or planning authority.

4. Organize conferences and seminars to disseminate planning contents and planning implementation plans.

5. Release publications including books, atlases and videos that introduce planning contents, planning implementation plans and list of prioritized projects during the planning period.

Article 6. Assessment of planning implementation

1. Assessment of planning implementation shall be made annually, every five years or upon request according to Clause 2 Article 49, and Article 50 of the Law on Planning and this Decree.

2. The authority assessing planning implementation shall submit assessment reports to the competent authority as prescribed in Clause 3 Article 49 of the Law on Planning.

3. The report on periodic assessment of planning is one of the contents of the planning report set forth in Clause 1 Article 48 of the Law on Planning.

4. The authority organizing formulation of planning shall, according to the assessment report, request the authority that decides or approves planning to promptly consider, decide or approve adjustments to planning in response to current situation and condition.

Article 7. Criteria for assessment of planning implementation

1. Carry out overall assessment of fulfillment of planning objectives according to the following criteria:

a) Fulfillment of economic development objectives;

b) Fulfillment of social development objectives;

c) Fulfillment of objectives for sustainable use of resources, environmental protection, natural disaster management and resilience to climate change;

d) Fulfillment of objectives for national defense and security assurance;

2. Carry out assessment of execution of prioritized projects during the planning period according to the following criteria:

a) List of, plans for and progress in investment in public investment projects that have been executed;

b) List of, plans for and progress in investment in executed projects funded by sources other than public investments;

c) List of prioritized projects during the planning period, which have not yet been executed, reasons for failure to execute;

d) List of projects that have been put into operation and economic, social and environmental effectiveness they achieve.

3. Carry out assessment of use of resources during implementation of planning according to the following criteria:

a) Land use; land use efficiency compared to that during the previous planning period and that in the planning objective; solutions for economizing on land and increasing land use efficiency that have been adopted during implementation of planning;

b) Use of water resources, mineral resources, forest resources, marine resources and other resources; resource use efficiency compared to that during the previous planning period and that in the planning objective; solutions for economizing on resources and increasing resource use efficiency that have been adopted during implementation of planning;

c) Technical and managerial solutions that have been adopted to reduce adverse effects on environment that are produced from use of land and other natural resources during implementation of planning.

4. Carry out assessment of policies and solutions for organizing the implementation of planning according to the following criteria:

a) Policies and solutions for investment attraction, human resource development, science and technology development, social security assurance, environmental protection, financial resource distribution and defense and security assurance that have been introduced to implement planning;

b) Effect and effectiveness of policies and solutions that have been introduced to implement planning;

c) Conformity of detailed planning, urban planning and rural planning pertaining to the planning whose implementation is assessed according to the Law on Planning;

d) Settlement of complaints and denunciations and actions against violations related to the process of formulating, appraising, approving, implementing and adjusting planning during its implementation;

dd) Difficulties that arise during the process of organizing implementation of planning and proposed remedial measures.

Chapter II

FORMULATION OF PLANNING

Section 1: RESPONSIBILITIES OF PLANNING ORGANIZATIONS

Article 8. Responsibilities of authorities organizing formulation of planning

1. An authority organizing formulation of national comprehensive planning, national marine spatial planning, national land use planning or regional planning shall:

a) decide to select a planning authority;

b) consider deciding to select a plan to integrate planning components into the planning to be formulated, regarding national comprehensive planning, national marine spatial planning or regional planning; consider deciding to resolve issues concerning different comments on the planning, which are given by the planning authority and relevant organizations during the formulation of the national land use planning;

c) request the National Assembly to decide on the national comprehensive planning, national marine spatial planning or national land use planning;

d) expedite, supervise and resolve issues that arise during formulation of planning.

2. An authority organizing formulation of national sector planning shall:

a) decide to select an authority to formulate national sector planning;

b) take charge and cooperate with Ministries and ministerial agencies concerned in determining tasks of formulating the national sector planning;

c) submit planning tasks to the Prime Minister for approval;

d) request the Prime Minister to consider deciding to select a consultancy to give advice on formulation of the national sector planning if there is no consultancy that satisfies qualification requirements specified in Article 4 of this Decree;

dd) assign an organization to participate in developing contents of the national sector planning according to the approved planning tasks;

e) consider deciding to select a plan to integrate planning contents into the national sector planning;

g) seek opinions about the national sector planning from relevant organizations and individuals;

h) Submit the national sector planning to the Prime Minister for approval;

i) expedite, supervise and resolve issues that arise during formulation of the national sector planning.

3. An authority organizing formulation of provincial planning shall:

a) decide to select an authority to formulate provincial planning;

b) submit planning tasks to the Prime Minister for approval;

c) assign an organization and People’s Committee of the district to develop contents of the provincial planning according to the approved planning tasks;

d) consider deciding to select a plan to integrate planning contents into the provincial planning;

dd) submit the provincial planning to the Prime Minister for approval;

e) expedite, supervise and resolve issues that arise during formulation of the provincial planning.

Article 9. Responsibilities of authorities formulating national comprehensive planning, national marine spatial planning and regional planning

1. Take charge and cooperate with relevant organizations in determining planning tasks. To be specific:

a) Determine requirements on viewpoints, objectives and rules for formulating planning; determine planning components integrated into the planning to be formulated; determine the scope of research and specific contents of each planning component appropriate to the planning contents to be formulated; propose an authority organizing formulation of the planning components; make an estimate of costs of formulating planning and planning components in accordance with regulations of law; prepare a description of planning tasks;

b) Submit planning tasks for appraisal and approval;

c) The planning authority that is hired to give advice shall satisfy qualification requirements specified in Article 4 of this Decree to determine planning tasks.

2. Take charge and cooperate with relevant organizations in implementing the planning formulation plan according to the approved planning tasks.

3. Select a planning consultancy that satisfies qualification requirements specified in Article 4 of this Decree; if such consultancy is not available, request the Prime Minister to consider deciding to select a consultancy to give advice on formulation of the national comprehensive planning or national marine spatial planning.

4. Take charge and cooperate with relevant authorities investigating, surveying and collecting information, operating information system and national database of planning to serve formulation of planning.

5. Take charge and cooperate with relevant organizations in researching, analyzing, assessing and forecasting factors, conditions, resources and context for development, and proposing viewpoints and objectives, and the priorities serving as a basis for formulation of planning and planning components; provide the authority formulating planning components with research directions and restrict contents and scope of research into planning components.

6. Take charge and cooperate with the authority organizing formulation of planning components in integrating such components into the planning to be formulated. To be specific:

a) Review contents of planning components; determine rules and methods for integrating planning components into the planning to be formulated; determine planning contents that are inconsistent with each other, and inappropriate and unfeasible proposals during the planning period; combine and integrate contents of planning components;

b) Consider and resolve common, inter-regional and inter-provincial issues; determine areas where economic, social and infrastructural development and urbanization are prioritized, encouraged and restricted; establish criteria for determining prioritized projects during the planning period, justification for making a list of important projects and their execution in order of priority;

c) Develop and select a plan to integrate planning components into the planning to be formulated; request the authority organizing formulation of planning components to adjust the planning components to ensure uniformity, congruence and effectiveness of the planning to be formulated;

d) If there are still different opinions about integration of planning, the planning authority shall consolidate opinions, propose a plan to integrate planning components and request the authority organizing formulation of planning for to consider it; adjust the plan to integrate planning components and complete the planning according to the conclusion given by the authority organizing formulation of planning.

7. Seek opinions about the planning from relevant organizations and individuals.

8. Submit the planning for appraisal; request the Government to consider and submit national comprehensive planning or national marine spatial planning to the National Assembly for decision; submit regional planning to the Prime Minister for approval.

Article 10. Responsibilities of authorities formulating national land use planning

1. Take charge and cooperate with relevant organizations in determining planning tasks. To be specific:

a) Determine requirements on viewpoints, objectives and rules for formulating planning; determine scope of research and requirements on planning contents and planning formulation methods; propose responsibilities of relevant organizations for planning contents; develop a planning formulation plan; make an estimate of costs of formulating planning in accordance with regulations of law; prepare a description of planning tasks;

b) Submit planning tasks for appraisal and approval;

c) The planning authority that is hired to give advice shall satisfy qualification requirements specified in Article 4 of this Decree to determine planning tasks.

2. Take charge and cooperate with relevant organizations in implementing the planning formulation plan according to the approved planning tasks.

3. Select a planning consultancy that satisfies qualification requirements specified in Article 4 of this Decree.

4. Take charge and cooperate with relevant authorities investigating, surveying and collecting information, operating information system and national database of planning to serve formulation of planning.

5. Take charge and cooperate with relevant organizations in formulating planning. If there are still different opinions about the planning, the planning authority shall consolidate opinions, propose a plan and request the authority organizing formulation of planning to consider it; complete the planning according to the conclusion given by the authority organizing formulation of planning.

6. Seek opinions about the planning from relevant organizations and individuals.

7. Submit the planning for appraisal; request the authority organizing formulation of planning to consider and submit it to the National Assembly for decision.

Article 11. Responsibilities of authorities formulating national sector planning and provincial planning

1. Take charge and cooperate with relevant organizations in determining planning tasks. To be specific:

a) Determine requirements on viewpoints, objectives and rules for formulating planning; determine scope of research and requirements on planning contents and planning formulation methods; propose an organization that should participate in developing contents of the planning to be formulated; prepare a planning formulation plan; make an estimate of costs of formulating planning in accordance with regulations of law; prepare a description of planning tasks;

b) Submit the planning tasks for appraisal after notifying the authority organizing formulation of planning; request the authority organizing formulation of planning to consider and submit planning tasks for approval;

c) The planning authority that is hired to give advice shall satisfy qualification requirements specified in Article 4 of this Decree to determine planning tasks.

2. Take charge and cooperate with relevant organizations in implementing the planning formulation plan according to the approved planning tasks.

3. Select a planning consultancy that satisfies qualification requirements specified in Article 4 of this Decree; if such consultancy is not available, notify the authority organizing formulation of planning, which will request Prime Minister to consider deciding to select a consultancy to give advice on formulation of the national sector planning.

4. Take charge and cooperate with relevant authorities investigating, surveying and collecting information, operating information system and national database of planning to serve formulation of planning.

5. Take charge and cooperate with relevant organizations in researching, analyzing, assessing and forecasting factors, conditions, resources and context for development, and proposing viewpoints and objectives, and the priorities serving as a basis for formulation of planning; provide research directions and restrict contents and scope of the research into planning contents provided by relevant organizations.

6. Take charge and cooperate with relevant organizations in integrating planning contents proposed by such relevant authorities into the planning to be formulated. To be specific:

a) Review planning contents proposed by relevant organizations; determine rules and methods for integrating planning contents into the planning to be formulated; determine planning contents that are inconsistent with each other, and inappropriate and unfeasible proposals during the planning period; combine and integrate proposed planning contents;

b) Consider and resolve common and inter-regional issues; determine areas where economic, social and infrastructural development and urbanization are prioritized, encouraged and restricted; establish criteria for determining prioritized projects during the planning period, justification for making a list of important projects and their execution in order of priority;

c) Develop and select a plan to integrate planning contents proposed by relevant organizations into the planning to be formulated; request relevant organizations to adjust and complete the planning contents in order to ensure uniformity, congruence and effectiveness of the planning to be formulated;

d) If there are still different opinions about integration of planning contents into the planning to be formulated, the planning authority shall consolidate opinions, propose a plan and submit it to the authority organizing formulation of planning for consideration; adjust the plan to integrate planning contents into the planning to be formulated and complete the planning according to the conclusion given by the authority organizing formulation of planning.

7. Seek opinions about the regional planning from relevant organizations and individuals.

8. Submit the planning for appraisal after notifying the authority organizing formulation of planning; request the authority organizing formulation of planning to consider and submit the planning for approval.

Article 12. Responsibilities of authorities organizing formulation of planning components and authorities formulating planning components

1. An authority organizing formulation of planning components shall:

a) decide to select an authority to formulate planning components;

b) Select a consultancy to give advice on formulation of planning components; appraise planning components before sending them to the planning authority;

c) Cooperate with the planning authority in integrating planning components into the planning.

2. An authority formulating planning components shall:

a) formulate planning components under the direction of the authority organizing formulation of planning components and at the request of the planning authority;

b) adjust the planning components at the request of the planning authority.

Article 13. Responsibilities of organizations participating in developing contents of national sector planning and provincial planning

1. Cooperate with the planning authority and authority organizing formulation of planning in analyzing, assessing and forecasting factors, conditions, resources and context for development, assessing local socio - economic development, and proposing viewpoints and objectives, and the priorities serving as a basis for formulation of planning.

2. Propose contents to be included in the planning under their management and send them to the planning authority.

3. Where necessary, organizations participating in developing contents of the national sector planning and provincial planning shall select a consultancy that satisfies qualification requirements specified in Article 4 of this Decree to develop contents according to the approved planning tasks.

4. Cooperate with the planning authority and planning consultancy in considering and resolving common and inter-district issues in order to ensure uniformity, congruence and effectiveness of the planning.

5. Adjust and complete planning contents at the request of the planning authority.

6. Be responsible to the authority organizing formulation of planning for quality and time limit for implementation of planning contents assigned to be developed and integrated into the planning to be formulated.

Article 14. Responsibilities of planning consultancies and planning component consultancies

1. A consultancy that gives advice on formulation of the national comprehensive planning, national marine spatial planning or regional planning shall:

a) be responsible to the law and planning authority for the number, time limit for production and quality of planning products;

b) cooperate with the authority formulating planning components and consultancy that gives advice on formulation of planning components during the formulation and integration of planning components into the planning to be formulated;

c) consider and propose rules and methods for integrating planning components into the planning to be formulated.

2. A consultancy that gives advice on formulation of national land use planning shall:

a) be responsible to the law and planning authority for the number, time limit for production and quality of planning products;

b) cooperate with relevant organizations during formulation of planning.

3. A consultancy that gives advice on formulation of national sector planning or provincial planning shall:

a) be responsible to the law and planning authority for the number, time limit for production and quality of planning products;

b) cooperate with relevant organizations during formulation of planning;

c) consider and propose rules and methods for integrating planning components into the national sector planning or provincial planning.

4. A consultancy that gives advice on formulation of planning components shall:

a) be responsible to the law and authority organizing formulation of planning components for the number, time limit for production and quality of planning products;

b) cooperate with the authority formulating planning components in formulation of planning components;

c) cooperate with the planning consultancy in considering and proposing rules and methods for integrating planning components into the planning to be formulated.

Section 2: PLANNING TASKS

Article 15. Bases for determining planning tasks

1. Legislative documents and relevant bases.

2. Reports on review and assessment of implementation of planning in the previous period.

Article 16. Requirements on planning contents and planning formulation methods

1. Requirements on issues concerning planning formulation:

a) Name of the planning; planning boundary and period;

b) Viewpoints, objectives and rules for formulating planning;

c) Forecasting of development prospect and demand during the planning period;

d) Main contents of the planning;

dd) Main contents of components of national comprehensive planning, national marine spatial planning and regional planning.

e) Strategic environmental assessment report, regarding the planning required to undergo strategic environmental assessment in accordance with regulations on environmental protection;

g) Composition, number, standard and format of planning documentation.

2. Requirements on scientism, practicality and reliability of methods for approaching and formulating planning.

3. Requirements on planning formulation plan and progress.

Article 17. Time limit for formulating planning

1. The time limit for formulating the national comprehensive planning, national marine spatial planning, national land use planning or regional planning is no more than 30 months from the date on which the planning tasks are approved, including 18 months within which components of the national comprehensive planning, national marine spatial planning or regional planning are formulated.

2. The time limit for formulating national sector planning or provincial planning is no more than 24 months from the date on which the planning tasks are approved.

Article 18. Organization of appraisal of planning tasks

1. Establishment of a planning task appraisal council:

a) The Ministry of Planning and Investment shall request the Government to establish an appraisal council and assign a body to act as the standing body of the national comprehensive planning task appraisal council; request the Government to establish an appraisal council and assign a body to act as the standing body of the regional and provincial planning task appraisal council;

b) The Ministry of Natural Resources and Environment shall request the Government to establish an appraisal council and assign a body to act as the standing body of the national marine spatial planning and national land use planning task appraisal council;

c) The Ministry and ministerial agency assigned to formulate the national sector planning shall request the Government to establish an appraisal council and assign a body to act as the standing body of the national sector planning task appraisal council.

2. Composition of a planning task appraisal council:

a) The national comprehensive planning, national marine spatial planning, national land use planning and regional planning task appraisal council is composed of a Chair and members; the Chair is the Prime Minister or Deputy Prime Minister; the members include senior representatives of the Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance, Ministry of Natural Resources and Environment, other Ministries, ministerial agencies concerned and planning experts;

b) The national sector planning task appraisal council is composed of a Chair and members; the Chair is the head of the regulatory Ministry; the members include representatives of the Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance, Ministry of Natural Resources and Environment, other Ministries, ministerial agencies concerned and planning experts;

c) The provincial planning task appraisal council is composed of a Chair and members; the Chair is the head of the Ministry of Planning and Investment; the members include representatives of the Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance, Ministry of Natural Resources and Environment, other Ministries, ministerial agencies concerned and planning experts.

3. Activities of a planning task appraisal council:

a) The council shall appraise planning tasks and dissolve after completing its tasks;

b) A planning task appraisal meeting shall be held if it is attended by at least three quarters (3/4) of council members, including the Chair and representative of the council’s standing body, and by representative of the planning authority;

c) The council shall operate on a collective basis, discuss openly and make decisions according to majority rule so as to approve planning tasks;

d) Planning tasks (and revisions thereto, if any) that are approved by at least three quarters (3/4) of council members are eligible to be submitted for approval;

dd) The council’s standing body shall receive, consider and process applications, provide applications for appraisal of planning tasks to council members so that they can consider and make comments, hold council meetings, make minutes of council meetings; request the planning authority to amend, complete or re-determine planning tasks according to the conclusion given by the council; re-appraise planning tasks in case they are not approved; draft a report on planning task appraisal and submit it to the council’s Chair for approval.

4. An application for appraisal of planning tasks includes:

a) An application form;

b) A Government’s draft Resolution, regarding national comprehensive planning, national marine spatial planning and national land use planning tasks; Prime Minister’s draft Decision, regarding national sector planning, regional planning and provincial planning tasks.

c) A description of planning tasks;

d) Other documents (if any).

5. The following issues need appraising:

a) Conformity of legal bases;

b) Conformity, scientism and reliability of planning contents and methods;

c) Compatibility between planning components and contents of the planning to be formulated, regarding national comprehensive planning, national marine spatial planning and regional planning;

d) Conformity of contents of planning tasks with the estimate of costs and capital sources for planning formulation;

dd) Feasibility of the planning formulation plan.

6. The time limit for appraising planning tasks is no more than 45 days from date on which the council’s standing body receives the satisfactory application.

7. Reporting of planning task appraisal:

a) A planning task appraisal report shall specify the council’s opinions about the issues specified in Clause 5 of this Article and decide whether to submit the planning tasks for approval;

b) Within 10 days from the end of the appraisal, the council’s standing body shall send the planning task appraisal report to the planning authority;

c) Within 15 days from the receipt of the report, the planning authority shall consider and respond to the council’s opinions to modify and complete the application for approval for planning tasks.

Article 19. Approval for planning tasks

1. An application for approval for planning tasks includes:

a) An application form;

b) A Government’s draft Resolution, regarding national comprehensive planning, national marine spatial planning and national land use planning tasks; Prime Minister’s draft Decision, regarding national sector planning, regional planning and provincial planning tasks.

c) A planning task appraisal report;

d) A report on response to council’s opinions about contents of planning tasks;

dd) A description of modified and completed planning tasks;

e) Other documents (if any).

2. The Government’s Resolution and Prime Minister’s Decision on approval for planning tasks shall contain at least:

a) Name of the planning; planning boundary and period;

b) Requirements on viewpoints, objectives and rules for formulating planning;

c) Requirements on planning contents and planning formulation methods;

d) Time limit for formulating planning;

dd) Regulations on composition, number, standard and format of planning documentation;

e) Costs of formulating planning;

g) Planning components and costs of formulating each planning component, regarding national comprehensive planning, national marine spatial planning and regional planning or planning contents developed by organizations, regarding national sector planning and provincial planning;

h) Tasks of planning authorities and authorities organizing formulation of planning components, regarding national comprehensive planning, national marine spatial planning and regional, and planning authorities, regarding national land use plan or authorities organizing formulation of planning, regarding national sector planning and provincial planning.

Section 3: PLANNING CONTENTS

Article 20. Contents of national comprehensive planning

National comprehensive planning shall contain at least:

1. The contents specified in Point a Clause 2 Article 22 of the Law on Planning.

2. Viewpoints and objectives for development:

a) Viewpoints on national development during the planning period;

b) Viewpoints on arrangement of space for socio - economic activities, defense and security activities, infrastructure development, resource use and environmental protection;

c) Overall and specific viewpoints on national development for the planning that covers a period of 10 years with 30 - 50 year orientations.

3. Forecasting of development trends and construction of development scenarios:

a) Forecasting of social, economic, scientific and technological development and climate change trends that affect national development;

b) Forecasting of situations that may happen due to effects of external factors, thereby affecting national development;

c) Analysis of comparative advantages and development opportunities, difficulties and challenges for national development;

d) Determination of key issues that need addressing and national breakthroughs made during the planning period;

dd) Construction and selection of national development scenarios during the planning period.

4. Orientations for socio - economic spatial development:

a) Determination of key regions that need investment, regions in which investment is encouraged and regions in which investment is restricted; areas that need conserving and are prohibited from exploitation and use;

b) Orientations for distribution of space for development of key industries and prioritized fields during the planning period.

5. Orientations for marine spatial development:

a) Determination of marine space that is within sovereignty, sovereign rights and national jurisdiction of Vietnam and thus exploitation therein is allowed during the planning period;

b) Determination of areas prohibited from exploitation, areas allowed for exploitation and use under certain conditions and within marine space during the planning period;

c) Orientations for use of marine space by various sectors and fields.

6. Orientations for national land use:

a) Principles of orientation for land use;

b) Orientations for use of land by each region according to quotas for use of agricultural land, forestry land, land for national defense purpose (hereinafter referred to as “national defense land”), land for security purpose (hereinafter referred to as “security land”), land used by industrial parks, land used by economic zones, urban land and land for infrastructure development.

7. Orientations for exploitation and use of airspace:

a) Determination of flight information regions;

b) Determination of airspace where the exploitation is under certain conditions;

c) Determination of airspace prohibited from exploitation and airspace that need special protection for national defense and security purposes.

8. Orientations for zoning and regional connection:

a) Determination of conditions and criteria for zoning and zoning plan;

b) Determination of comparative advantages of each region and orientations for regional development;

c) Proposed connection plans regarding infrastructure and activities pertaining to economy, society, environment, national defense, security, natural disaster management and resilience to climate change.

9. Orientations for development of national urban and rural system:

a) Viewpoints and principles of urban and rural development during the planning period;

b) Orientations for overall development of national urban and rural system:

c) Orientations for distribution of large urban areas and connections between large urban areas nationwide;

d) Orientations for distribution of population of territories.

10. Orientations for development of national social infrastructure:

Orientations for spatial and resource arrangement and development during the planning period with regard to the network of press agencies, broadcasting and electronic information establishments and publishers; network of culture and sports facilities; network of public science and technology organizations; network of higher education institutions and pedagogical institutions; system of specialized educational institutions for disabled people and system of inclusive education development support centers; network of vocational education institutions; network of social support centers and system of sanatoriums taking care of people with meritorious services to the revolution; system of health facilities; tourism system; system of centers for national defense and security education; system of national reserve warehouses.

11. Orientations for development of national engineering infrastructure:

Orientations for development and distribution of space and resources during the planning period with regard to the network of transport infrastructure; energy, electric power, petroleum and gas reserve and supply infrastructure; information and communications infrastructure; systems of works serving natural disaster management and irrigation system; system of fishing ports and anchorage for fishing vessels; network of hydrometeorological stations and environmental monitoring stations; system of fire prevention and fighting infrastructure; system of national defense works, military zones, ammunition depots and national defense industry.

12. Orientations for use of national resources:

a) Orientations for extraction and use of resources in coastal areas; extraction and use of water resources; protection and extraction of aquatic resources; forest management, protection and development;

b) Orientations for geological baseline surveys of minerals; exploration, extraction, processing and use of industrial minerals, radioactive ores and minerals used as building materials.

13. Orientations for environmental protection:

a) Nationwide environmental zoning;

b) Nature and biodiversity conservation targets; expected protected areas, high biodiversity areas, important wetlands, important ecological landscapes, biodiversity corridors, biodiversity conservation facilities;

c) Orientations for national waste management;

d) Distribution and arrangement of space for development of national environmental monitoring and warning stations.

14. Orientations for natural disaster management and resilience to climate change:

a) Determination of areas vulnerable to natural disasters, climate change and sea level rise;

b) Zoning of risks of natural disasters, especially those related to storm, water level rise due to storms, floods, flash floods, landslides, coastal and riverbank erosion, drought, salinity intrusion.

15. A list of nationally important projects and their execution in order of priority;

a) Criteria for determining prioritized projects during the planning period:

b) Justification for making a list of nationally important projects during the planning period; their execution in proposed order of priority and proposed execution phases.

16. Solutions and resources for planning implementation:

a) Solutions for raising investment;

b) Mechanisms and policies;

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation;

17. Planning reports, including consolidated and brief reports, national comprehensive planning diagrams, maps and database.

A list and scale of national comprehensive planning maps specified in Section I Appendix I hereof.

Article 21. Contents of national marine spatial planning

National marine spatial planning shall contain at least:

1. The contents specified in Points a, b and c Clause 2 Article 23 of the Law on Planning.

2. Forecasting of development context and scenarios; opportunities and challenges for use of marine space:

a) Forecasting of trends in social, economic, scientific and technological development and global international relations and regions, which affect the use of marine space;

b) Forecasting of development scenarios related to exploitation and use of marine space;

c) Comparative advantages, strengths, weaknesses, opportunities and challenges facing the country in exploiting and using marine space.

3. Viewpoints and objectives for development:

a) Viewpoints on use of marine space, sustainable extraction and use of marine resources, and coastal environmental protection;

b) Overall and specific viewpoints on marine space use and extraction and use of resources within marine space for the planning that covers a period of 10 years with 30 - 50 year orientations;

c) Key issues that need addressing and breakthroughs in exploitation and use of marine space for economic, social and environmental activities during the planning period.

4. Orientations for use of space for activities conducted in coastal areas, islands, archipelagoes, territorial waters and airspace that are within sovereignty, sovereign rights and national jurisdiction of Vietnam:

a) Determination of conflicts between sectors and fields related to infrastructure, resource use and environmental protection upon use of marine space;

b) Arrangement of space for development of technical and social infrastructure within marine space;

c) Arrangement of space for urban and rural development in coastal areas and islands;

d) Arrangement of space for cultural heritage conservation and development of tourism and sports areas within marine space;

dd) Arrangement of space for aquaculture and fishing within marine space;

e) Orientations for arrangement of space for sustainable extraction and use of resources in coastal areas; exploration, extraction and processing of mineral resources within marine space;

g) Orientations for environmental protection, management, protection and development of coastal protection forests, and biodiversity conservation within marine space.

5. Zoning of land within coastal areas, islands, archipelagoes, territorial waters and airspace that are within sovereignty, sovereign rights and national jurisdiction of Vietnam:

a) Determination of areas that need special protection for the purposes of national defense and security assurance, environmental protection, conservation of ecosystem and artificial islands, and protection of offshore equipment and installations;

b) Determination of vulnerable areas within marine space and proposed solutions for management and protection thereof;

c) Zoning of areas where marine space is used and zoning of areas where resources are extracted and use within marine space;

d) Zoning of land within coastal areas, islands and archipelagoes.

6. Solutions and resources for planning implementation:

a) Marine space mechanisms and policies;

b) Environmental, scientific and technological solutions;

c) Dissemination and awareness raising solutions;

d) Human resource development solutions;

dd) Solutions for raising investment;

e) International cooperation solutions;

g) Solutions for organizing and supervising planning implementation.

7. A list of nationally important projects and their execution in order of priority:

a) Criteria for determining prioritized projects within marine space during the planning period:

b) Justification for making a list of nationally important projects within marine space; their execution in proposed order of priority and proposed execution phases.

8. Planning reports, including consolidated report and brief reports, national marine spatial planning diagrams, maps and database.

A list and scale of national marine spatial planning maps specified in Section II Appendix I hereof.

Article 22. Contents of national land use planning

National land use planning shall contain at least:

1. Analysis and assessment of factors, natural conditions, resources and context that have direct effects and current use of land by sectors and fields:

a) Natural conditions, resources and environment;

b) Socio - economic development; field and sector development; population, employment, income and customs related to land use; urban and rural development;

c) Effects of climate change on land use;

d) State management of land related to the implementation of land use planning, including current use of land by each type of land, land use change by each type of land during the previous planning, economic, social and environmental effectiveness in using land;

dd) Results of implementation of land use planning during the previous period according to planning norms;

e) Potential of land used in agricultural and non-agricultural fields and potential of unused land.

2. Forecasting of trends in land use change:

a) Agricultural land use change;

b) Non-agricultural land use change;

c) Unused land use change.

3. Viewpoints and objectives for land use during the planning period:

a) Viewpoints on use of agricultural land and non-agricultural land appropriate to the socio - economic development strategy and national comprehensive planning;

b) Objectives for use of agricultural and non-agricultural land satisfying requirements for socio - economic development, national defense and security assurance, environmental protection, natural disaster management and resilience to climate change.

4. Orientations for use of land for the planning that covers a period of 10 years with 30 - 50 year orientations.

5. Plan for use of land achieving national objectives for socio - economic development, national defense and security assurance, environmental protection, natural disaster management and resilience to climate change.

6. Area of national land used for specific purposes:

a) Paddy land (including wet rice agricultural land that needs strict protection); protection forest land; special-use forest land; production forest land (including land for production forests that are natural forests);

b) Land used by industrial parks; land used by economic zones; land used by hi-tech zones; urban land; national defense land; security land; land for development of national infrastructure, including land for transport, land for construction of cultural facilities, land for construction of health facilities, land for construction of educational and training institutions, land for construction of physical training and sports facilities, land for construction of energy facilities, land for construction of post and telecommunications facilities; land for construction of national reserve warehouses, land where historical and cultural sites/monuments exist; land for waste dumping and treatment;

c) Unused land, including unused land that has been used during the planning period and remaining unused land.

7. National and regional land use planning maps.

8. Effects of the plan for spatial distribution and arrangement for land use on economy, society, environment, national defense and security.

9. Solutions and resources for planning implementation:

a) Solutions for land protection and improvement and environmental protection;

b) Resources for land use planning implementation;

c) Solutions for organizing and supervising planning implementation

10. Planning reports, including consolidated report and brief reports, national land use planning diagrams, maps and database.

A list and scale of national land use planning maps specified in Section III Appendix I hereof.

Article 23. Contents of national infrastructure planning

National infrastructure planning shall contain at least:

1. The contents specified in Points a, b, d and e Clause 3 Article 25 of the Law on Planning.

2. Assessment of inter-agency and inter-regional connection; determination of socio - economic development requirements on infrastructure sector; opportunities and challenges for infrastructure sector development:

a) Assessment of connection and uniformity of infrastructure sector nationwide; connection and uniformity between domestic infrastructure and regional and international infrastructure;

b) Assessment of connection between national infrastructure sector and infrastructure systems of other fields/sectors concerned within a territory;

c) Requirements imposed on the infrastructure sector for socio - economic development in terms of scale, technology and areas of distribution;

d) Analysis and assessment of opportunities and challenges for infrastructure sector development during the planning period.

3. Plan for development of infrastructure sector nationwide and in territories:

a) Orientations for distribution of space for development of infrastructure sector nationwide and in territories;

b) Determination of type, role, location, scale, orientations operation and use, and economic, technical and technological indicators associated with classification of important works of the national infrastructure sector in accordance with regulations of specialized law.

4. A list of nationally important projects and prioritized projects of the sector and their execution in order of priority:

a) Criteria for determining prioritized projects of the infrastructure sector during the planning period;

b) Justification for making a list of nationally important projects and important projects of the national infrastructure sector; their execution in proposed order of priority and proposed execution phases.

5. Solutions and resources for planning implementation:

a) Solutions for raising investment;

b) Mechanisms and policies by sector;

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

6. Planning reports, including consolidated report and brief reports, national infrastructure planning diagrams, maps and database.

A list and scale of national infrastructure planning maps specified in Section IV Appendix I hereof.

7. Detailed contents of each national infrastructure planning specified in Appendix II hereof.

Article 24. Contents of national resource use planning

National resource use planning shall contain at least:

1. The contents specified in Points a and c Clause 4 Article 25 of the Law on Planning.

2. Effects of exploration, extraction and use of resources on economy, society, national defense, security, environment, biodiversity and ecosystem services.

3. Forecasting of scientific and technological advances and effects of socio - economic development on protection, exploration, extraction and use of national resources during the planning period:

a) Forecasting of scientific and technological advances in exploration, extraction, selection and processing with a view to increasing effectiveness in exploration, extraction and use of resources and restoration of environment after resource extraction;

b) Effects of socio - economic development on community’s awareness of resource protection and reasonable and economical use of resources.

4. Viewpoints and objectives for exploration, extraction and use of resources serving socio - economic development, national defense and security assurance, environmental protection, natural disaster management and resilience to climate change:

a) Viewpoints on combination of resource exploration and extraction and processing industry development and economical, effective and sustainable use of resources;

b) Overall and specific objectives for exploration, extraction and use of each type and group of resource for the planning that covers a period of 10 years with 30 - 50 year orientations.

5. Determination of areas where resource extraction is prohibited or restricted, and areas where resource extraction and use are encouraged:

a) Zoning of areas where resource extraction is prohibited during the planning period;

b) Determination of areas where resource extraction is restricted; proposed eligibility requirements for extraction and resource management and protection solutions;

c) Zoning of areas where resources are extracted and used; extraction and processing scale and capacity; requirements on resource extraction and processing technology; proposed solutions for increasing effectiveness in resource extraction and use and reducing adverse effects of resource extraction and use on the environment.

6. Orientations for environmental protection, natural disaster management and resilience to climate change upon planning implementation:

a) Responsibilities for environmental protection, natural disaster management and resilience to climate change upon extraction and use of resources;

b) Forecasting of and proposed solutions for preventing environmental degradation risks posed by the extraction and use of resources under climate change;

c) Proposed solutions for remedying environment during and after extraction and use of resources.

7. Solutions and resources for planning implementation:

a) Mechanisms and policies;

b) Financial solutions and investment solutions;

c) Scientific and technological solutions;

d) Dissemination and awareness raising solutions;

dd) Training and capacity improvement solutions;

e) International cooperation solutions;

g) Planning implementation supervision and organization solutions;

8. Planning reports, including consolidated report and brief reports, national resource use planning diagrams, maps and database.

A list and scale of national resource use planning maps specified in Section V Appendix I hereof.

9. Detailed contents of each national resource use planning specified in Appendix III hereof.

Article 25. Contents of national environmental protection planning

National environmental protection planning shall contain at least:

1. Assessment of status and changes in the quality of environment, natural landscapes and biodiversity; waste generation; effects of climate change; environmental management and protection:

a) Natural conditions, current economy and society at the beginning of the planning period;

b) Status at the beginning of the planning, changes in quality of the environment during the previous planning, including quality of soil in areas contaminated with toxic chemicals during the war, areas with industrial parks, factories, chemical and agrochemical warehouses, landfills, traditional villages that have been shut down or moved, areas where toxic minerals are extracted or toxic chemicals are used to carry out extraction but the extraction has been done, farming areas where plenty of chemicals are used in the areas under planning; quality of water in territorial waters, coastal areas, rivers, river sections, lakes, ponds, channels, ditches, especially in areas with wastewater from different sources or large amounts of wastewater, environmentally sensitive area; quality of air in urban areas, densely populated areas, industrial production areas, traditional villages, areas with industrial emissions from different sources or large amounts of industrial emissions;

c) Status at the beginning of the planning period, changes in natural landscapes and biodiversity nationwide, including natural landscapes, natural ecosystems, animal and plant species and genetic resources;

d) Generation of waste during the previous planning and forecasting of scale and nature of waste generated during the planning period, including industrial wastewater, domestic wastewater and other types of waste; industrial emissions, emissions from vehicles, other emissions; ordinary industrial solid waste, construction solid waste, solid waste generated from agricultural production and production of agricultural by-products; domestic waste in urban areas, rural areas and traditional villages; hazardous waste; other special waste;

dd) Effect of climate change during the previous planning and forecasting of effects of climate change on environmental quality and biodiversity during the planning period;

e) Environmental management and protection, including state management of environment by ministries and local authorities; environmental management and protection by enterprises, communities and participation of social organizations and people; promulgation of legislative documents, technical regulations, standards, procedures and economic - technical norms for environment; approval for environmental impact assessment reports, environmental licensing, environmental inspections; environmental zoning; nature and biodiversity conservation; waste management; environmental monitoring and warning during the previous planning; main issues concerning the environment and challenges to the environment during the planning period.

2. Environmental protection viewpoints, objectives, tasks and solutions:

a) Viewpoints on environmental protection during the planning period;

b) Overall and specific viewpoints on environmental protection for the planning that covers a period of 10 years with 30 - 50 year orientations;

c) Environmental protection tasks and solutions, including minimization of effects of socio - economic development on the environment, pollution source control, waste management; environmental quality management and improvement, nature and biodiversity conservation;

d) Principles and regulations on cooperate in implementing orientations, solutions for treating waste, including ordinary industrial waste, construction waste, industrial waste, agricultural waste, traffic waste, medical waste, radioactive waste and other waste.

3. Orientations for environmental zoning; nature and biodiversity conservation; waste management; environmental monitoring and warning during the planning period:

a) Orientations for nationwide environmental zoning by areas that need strict protection, areas where emission is restricted and other areas;

b) Targets and orientations for establishment of high biodiversity areas, important natural landscapes, biodiversity corridors, protected areas, biodiversity conservation facilities;

c) Orientations about locations, scale, types of waste, expected technologies and operational areas of national, regional and provincial centralized waste treatment complexes;

d) Orientations about monitoring points, parameters and frequency of the national, inter-provincial and provincial soil, water and air monitoring and warning networks.

4. A list of nationally important projects and prioritized projects on environmental protection and their execution in order of priority:

a) Criteria for determining prioritized projects on environmental protection during the planning period;

b) Justification for making a list of nationally important projects and important projects on environmental protection; their execution in proposed order of priority and proposed execution phases.

5. Solutions and resources for planning implementation:

a) Dissemination and awareness raising solutions;

b) Mechanisms and policies;

c) Scientific and technological solutions;

d) Financial solutions and investment solutions;

dd) Training and capacity improvement solutions;

e) International cooperation solutions;

g) Planning implementation supervision and organization solutions.

6. Planning reports, including consolidated report and brief reports, national environmental protection planning diagrams, maps and database.

A list and scale of national environmental protection planning maps specified in Section VI Appendix I hereof.

Article 26. Contents of national biodiversity conservation planning

National biodiversity conservation planning shall contain at least:

1. Assessment of status, changes and management of biodiversity conservation:

a) An overview of natural conditions, economy, society and environment nationwide;

b) Assessment of status and changes in biodiversity in general and high biodiversity areas, important wetlands, important ecological landscapes, biodiversity corridors, protected areas, biodiversity conservation facilities; implementation of biodiversity conservation planning in the previous planning;

c) Assessment of management of biodiversity in general and management of high biodiversity areas, important wetlands, important ecological landscapes, biodiversity corridors, protected areas, biodiversity conservation facilities;

d) Assessment, analysis and forecasting of pressures and effects of socio - economic development, environment and climate change on biodiversity;

dd) Analysis and assessment of biodiversity conservation demand.

2. Biodiversity conservation viewpoints, objectives, tasks and solutions:

a) Viewpoints on biodiversity conservation during the planning period;

b) Overall and specific objectives for conservation of biodiversity in general and high biodiversity areas, important wetlands, important ecological landscapes, biodiversity corridors, protected areas and biodiversity conservation facilities for the planning that covers a period of 10 years with 30 - 50 year orientations;

c) Biodiversity conservation tasks and solutions during the planning period.

3. Determination of names, geographic locations, scale, area, type, objectives and mechanisms and allocation of responsibility for management of high biodiversity areas, important wetlands, important ecological landscapes, biodiversity corridors, protected areas and biodiversity conservation facilities.

4. A list of nationally important projects and prioritized projects on biodiversity conservation and their execution in order of priority:

a) Criteria for determining prioritized projects on biodiversity conservation during the planning period;

b) Justification for making a list of nationally important projects and important projects on biodiversity conservation; their execution in proposed order of priority and proposed execution phases.

5. Solutions and resources for planning implementation:

a) Dissemination and awareness raising solutions;

b) Mechanisms and policies;

c) Scientific and technological solutions;

d) Financial solutions and investment solutions;

dd) Training and capacity improvement solutions;

e) International cooperation solutions;

g) Planning implementation supervision and organization solutions;

6. Planning reports, including consolidated report and brief reports, national biodiversity conservation planning diagrams, maps and database.

A list and scale of national biodiversity conservation planning maps specified in Section VII Appendix I hereof.

Article 27: Contents of regional planning

Regional planning shall contain at least:

1. Analysis and assessment of factors, natural conditions and specific resources of the region:

a) Geographic location and natural conditions of the region;

b) Current socio - economic development; natural resources and environment; urban and rural systems; infrastructure; inner-regional connection, connection between the region with other regional and international countries; regional resources that have been being exploited, potentials that have not yet been exploited; risks and effects of natural disasters and climate change on the region;

c) The importance of the region for the country;

dd) Key issues that need addressing during the planning period.

2. Regional development viewpoints and objectives:

a) Viewpoints on regional development, arrangement of space for socio - economic activities, national defense and security activities, infrastructure development, resource use and environmental protection in the region during the planning period;

b) Overall objectives for regional development for the planning that covers a period of 10 years with 20 - 30 year orientations;

c) Specific objectives and targets for socio - economic development, national defense and security assurance, infrastructure development, resource use and environmental protection associated with arrangement of space for regional development during the planning period.

3. Orientations for development of key sectors of the region:

a) Determination of key sectors and objectives for development thereof;

b) Arrangement of space for key sector development;

c) Proposed solutions for key sector development.

4. Plan for development, deployment, selection and allocation of development resources in the region:

a) Arrangement of space for development of nationally important projects specified in the national planning in the region;

b) Formulation and selection of a plan for regional spatial development, including development corridors and areas where development is encouraged; principles of organizing, managing and controlling urban and rural development in the region;

c) Key tasks that need tackling and breakthroughs made by the region during the planning period;

d) Orientations for distribution of resources in the region appropriate to the regional spatial development plan;

dd) Proposed plan for regional spatial arrangement and connection and regulations on cooperation in inter-provincial spatial arrangement and development.

5. The content specified in Point d Clause 2 Article 26 of the Law on Planning.

6. Orientations for development of regional infrastructure:

a) Formulation of a plan to connect urban system at regional level, connect urban and rural areas, connect financial centers, industrial parks and concentrated production areas in the region;

b) Determination of requirements on the system of regional infrastructure; orientations for distribution and development for the system of regional technical and social infrastructure specified in the national planning, plans to connect regional and inter-provincial infrastructure systems, including traffic network, electricity and energy supply networks, irrigation network, water supply and drainage network, wastewater treatment network, technical preparations, telecommunications network, hazardous waste treatment complexes and regional social infrastructure.

7. Orientations for environmental protection, natural disaster management and resilience to climate change in the region:

a) Orientations for a connection aimed at regional and inter-provincial environmental protection and protection of environment in inter-provincial river basins and inter-provincial coastal areas;

b) Orientations for establishment of high biodiversity areas, important wetlands, important ecological landscapes, protected areas, biodiversity conservation facilities, inter-provincial biodiversity corridors;

c) Orientations for development of dikes and infrastructure serving natural disaster management in the region;

d) Orientations for spatial arrangement of regional and inter-provincial centralized waste treatment complexes, including their locations, scale, types of waste, expected technologies and operational area;

dd) Orientations for sustainable development of inter-provincial special-use forests, protection forests and production forests and development of forestry infrastructure;

e) Regulations on cooperation in riverbed gravel and sand exploration and extraction, river bed, bank and terrace protection; cooperation in water resource extraction and river basin water pollution control; cooperation in natural disaster management and resilience to climate change;

g) Regulations on cooperation in implementing regional environmental protection and management solutions.

8. Orientations for river basin water resource extraction and protection in the region:

a) Orientations for water function zoning; orientations for prioritized distribution of water in normal circumstances and in cases of drought or water shortage; orientations for standby water supply; orientations for water resource monitoring system and water extraction and use system; orientations for works serving regulation, extraction, use and development of water resources;

b) Orientations for solutions for protecting water resources, restoring polluted, degraded or exhaustible water resources to ensure their functions; orientations for system for monitoring water quality and discharge of wastewater into water resources;

c) Orientations for solutions for preventing and remedying damage caused by water.

9. A list of prioritized projects and their execution in order of priority:

a) Criteria for determining prioritized projects of the region during the planning period;

b) Justification for making a list of important projects of the region; their execution in proposed order of priority and proposed execution phases.

10. Solutions and resources for planning implementation:

a) Regional connection mechanisms and policies;

b) Solutions for raising investment;

c) Human resource development solutions;

d) Environmental, scientific and technological solutions;

dd) Solutions for managing and controlling urban and rural area development;

e) Solutions for organizing and supervising planning implementation.

11. Planning reports, including consolidated and brief reports, regional planning diagrams, maps and database.

A list and scale of regional planning maps specified in Section VIII Appendix I hereof.

Article 28. Contents of provincial planning

Provincial planning shall contain at least:

1. Analysis, assessment and forecasting of specific local factors and development conditions:

a) Geographic location, natural and social conditions, natural resources and environment;

b) The importance of the province for the region and country;

c) Region, country and international countries' factors and conditions affecting provincial development;

d) Risks and effects of natural disasters and climate change on the province.

2. Assessment of current socio-economic development, use of land and urban and rural systems:

a) Current economic development and development of agriculture, industry and services within the province; capability for mobilizing resources;

b) Status of social fields and sectors, including population, employment, health, education, culture, sports, science and technology;

c) Land potentials and current use of land by the province, reasonableness and efficiency in land use by the province;

d) Current development and conformity of spatial distribution and development of urban and rural area systems, dedicated areas, technical and social infrastructure within the province;

dd) Determination of deficiencies and limitations that need overcoming; analysis and assessment of strengths, weaknesses, opportunities and challenges.

3. Provincial development viewpoints and objectives and selection of provincial development plan:

a) Viewpoints on provincial development, arrangement of space for socio - economic activities, defense and security activities, infrastructure development, resource use and environmental protection within the province during the planning period;

b) Construction of provincial development scenarios and selection of a provincial development plan;

c) Overall objectives for provincial development for the planning that covers a period of 10 years with 20 - 30 year orientations;

d) Specific objectives and targets for socio - economic development, national defense and security assurance, infrastructure development, resource use and environmental protection associated with arrangement of space for provincial development during the planning period;

dd) Key tasks that need tackling and breakthroughs made by the province during the planning period.

4. Orientations for development of key sectors within the province:

a) Determination of key sectors and objectives for development thereof;

b) Arrangement of space for key sector development;

c) Proposed solutions for key sector development.

5. Selection of a plan to organize socio-economic activities:

a) Spatial arrangement of important works and projects, and protected areas specified in the national and regional planning within the province;

b) Formulation of a plan to connect provincial infrastructure system with national and provincial infrastructure systems;

c) Formulation of a plan for spatial arrangement of provincial socio-economic activities, determination of areas where the development is encouraged and restricted;

d) Proposed plan for spatial arrangement and connection of socio-economic activities within the province, regulations on cooperation in inter-district spatial arrangement and development;

dd) Selection of a plan for arrangement of space for development and allocation of resources to socio - economic activities, defense and security activities and provincial and inter-district environmental protection.

6. The contents specified in Points d, dd, e, g, h, i and k Clause 2 Article 27 of the Law on Planning.

7. Formulation of a plan to allocate and zone land by dedicated areas and type of land up to district level:

a) Orientations for use of land by the province during the planning period;

b) Determination of quotas for use of land by type, including those for use of land allocated by the national land use planning and use of land on demand from the province: land for cultivation of perennial plants; rural residential land; urban residential land; land for construction of office buildings; land for construction of office buildings of service providers; land for construction of diplomatic facilities; land used by industrial clusters; land for trading and service purposes; land used by non-agricultural producers; land for mining activities; land where historical - cultural sites/monuments exist; land where landscapes exist; land for provincial infrastructure development, including land for construction of cultural facilities, health facilities, educational and training institutions, physical training and sports facilities, land for transport, land for irrigation, land for construction of energy facilities, land for construction of posts and telecommunication works; land for construction of religious establishments; land for construction of cemeteries, funeral homes and crematoria;

c) Determination of quotas for use of land by dedicated areas, including agricultural production areas, forestry areas, tourism areas, protected areas, industrial development areas, urban areas, trade and service centers, rural residential areas;

d) Consolidation and balancing of land use demand, allocation and zoning of land specified in Point b of this Clause up to district level;

dd) Determination of area of land that needs appropriating to construct works and execute projects on use of land for the purposes specified in Articles 61 and 62 of the Law on Land No. 45/2013/QH13 during the planning period up to the district level.

e) Determination of area of land that need repurposing during the planning period as prescribed in Points a, b, c, d and e Clause 1 Article 57 of the Law on Land No. 45/2013/QH13 up to the district level;

g) Determination of area of unused land that is used during the planning period up to district level;

h) Creation of a provincial land use planning scheme map.

8. Inter-district and district construction planning scheme:

a) Determination of area, nature and key orientations for development of inter-districts and districts;

b) Arrangement of system of towns and commune center clusters on demand for production and population distribution in each inter-district and district;

c) Orientations about social and technical infrastructure by each inter-district and district.

9. Plan to protect environment, conserve nature and biodiversity within the province:

a) Principles of and regulations on cooperation in implementing provincial environmental protection and management solutions;

b) A plan for environmental zoning by areas that need strict protection, areas where emission is restricted and other areas that have been mentioned in the national environmental protection planning;

c) Determination of objectives and targets for provincial biodiversity conservation; names, geographic locations, scale, area, objectives, organization and solutions for management of high biodiversity areas, important wetlands, important ecological landscapes, biodiversity corridors, protected areas and biodiversity conservation facilities within the province;

d) A plan regarding locations, scale, types of waste, expected technologies and operational areas of national and regional centralized waste treatment complexes that have been mentioned in the national environmental protection planning within the province;

dd) A plan regarding the national, inter-provincial and provincial soil, water and air quality monitoring points, parameters and frequency that have been mentioned in the national comprehensive environmental monitoring planning;

e) A plan for sustainable development of special-use forests, protection forests and production forests and development of forestry infrastructure within the province;

g) Spatial arrangement of inter-district cemeteries and waste treatment complexes.

10. A plan to protect, extract and use resources within the province:

a) Zoning for extraction, use and protection of resources within the province;

b) Detailed delineation of mining areas, type of mineral to be explored and extracted and the progress in exploration and extraction; exploration and extraction areas that are limited by the straight lines connecting the points of closed angles shown on the topographic map of the national coordinate system at an appropriate scale.

11. A plan to extract, use and protect water resources, prevent and remedy damage caused by water:

a) Water function zoning; determination of rate and prioritized distribution of water in normal circumstances and in cases of drought or water shortage; determination of standby water supply; determination of water resource monitoring system and water extraction and use system; determination of works serving regulation, extraction, use and development of water resources;

b) Determination of solutions for protecting water resources, restoring polluted, degraded or exhaustible water resources to ensure their functions; determination of the system for monitoring water quality and discharge of wastewater into water resources;

c) Overall assessment of effectiveness and current effects of the solution for preventing and remedying damage caused by water; determination of solutions for increasing quality and effectiveness of prevention, remediation, warning, forecasting and minimization of damage caused by water.

12. A plan for natural disaster management and resilience to climate change within the province:

a) Zoning of risks of each type of natural disaster within the province;

b) Principles of and regulations on cooperation in implementing the natural disaster risk management solution;

c) Formulation of a plan for natural disaster management and resilience to climate change within the province;

d) Formulation of a plan for flood control on river routes with dikes, plan for development of systems of dikes and infrastructure serving natural disaster management within the province.

13. List of projects of the province and their execution in order of priority:

a) Criteria for determining prioritized projects of the province during the planning period;

b) Justification for making a list of important projects of the province; their execution in proposed order of priority and proposed execution phases.

14. Solutions and resources for planning implementation:

a) Solutions for raising investment;

b) Human resource development solutions;

c) Environmental, scientific and technological solutions;

d) Connection mechanisms and policies;

dd) Urban and rural area development management and control solutions;

e) Planning implementation supervision and organization solutions;

15. Planning reports, including consolidated and brief reports, provincial planning diagrams, maps and database.

A list and scale of provincial planning maps specified in Section IX Appendix I hereof.

Chapter III

SEEKING OPINIONS ABOUT PLANNING

Article 29. Seeking opinions about national comprehensive planning, national marine spatial planning and national land use planning

1. The enquired entities include the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies, People’s Committees of provinces, residential communities, organizations and individuals related to the planning.

2. Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the planning authority’s website within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 3 and 4 of this Article.

3. Opinions from the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies and People’s Committees of provinces related to planning shall be sought as follows:

a) The planning authority shall send an enquiry together with a planning report, strategic environmental assessment report, diagram and map showing contents of the planning;

b) The enquired authorities shall give a written response within 30 days from the receipt of the enquiry;

c) The planning authority shall consolidate and respond to opinions before submitting the planning for appraisal.

4. Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a) The People’s Committee of the province shall notify the People’s Committees of the district of the seeking of opinions;

b) The People’s Committee of the district shall notify the People’s Committee of the commune and organizations located within the district;

c) The People’s Committee of the commune shall notify the residential community and individuals involved of the seeking of opinions;

d) The residential community, organizations and individuals shall contribute their opinions directly on the planning authority’s website or send written opinions to the planning authority. Where necessary, the planning authority may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate and respond to opinions and publish them on its website before submitting the planning for appraisal.

Article 30. Seeking opinions about national sector planning

1. The enquired entities include the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies, People’s Committees of provinces, residential communities, organizations and individuals related to national sector planning.

2. If the planning involves borders, islands or strategic defense and security positions, the authority organizing formulation of planning shall agree with the Ministry of National Defense and Ministry of Public Security about contents of the planning before seeking opinions.

3. Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the website of the authority organizing formulation of planning within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 4 and 5 of this Article.

4. Opinions from the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies and People’s Committees of provinces related to planning shall be sought as follows:

a) The authority organizing formulation of planning shall send an enquiry together with a planning report, diagram and map showing contents of the planning and strategic environmental assessment report made in accordance with regulations on environmental protection;

b) The enquired authorities shall give a written response within 30 days from the receipt of the enquiry;

c) The planning authority shall consolidate and respond to opinions and request the authority organizing formulation of the planning to consider them before submitting the planning for appraisal.

5. Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a) The People’s Committee of the province shall notify the People’s Committees of the district of the seeking of opinions;

b) The People’s Committee of the district shall notify the People’s Committee of the commune and organizations located within the district;

c) The People’s Committee of the commune shall notify the residential community and individuals involved of the seeking of opinions;

d) The residential community, organizations and individuals shall contribute their opinions directly on the website of the authority organizing formulation of planning or send written opinions to the authority organizing formulation of planning. Where necessary, the authority organizing formulation of the planning may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate, respond to and send opinions to the authority organizing formulation of the planning, which will publish them on its website before submitting the planning for appraisal.

Article 31. Seeking opinions about regional planning

1. The enquired entities include the Central Committee of the Vietnamese Fatherland Front; Ministries and relevant ministerial agencies; People’s Committees of provinces in the region, provinces adjacent to the region and provinces located in river basin mentioned in the regional planning; residential communities, organizations and individuals related to the regional planning.

2. If the planning involves borders, islands or strategic defense and security positions, the planning authority shall agree with the Ministry of National Defense and Ministry of Public Security about contents of the planning before seeking opinions.

3. Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the planning authority’s website within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 4 and 5 of this Article.

4. Opinions from the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies and People’s Committees of provinces related to planning shall be sought as follows:

a) The planning authority shall send an enquiry together with a planning report, strategic environmental assessment report, diagram and map showing the planning scheme;

b) The enquired authorities shall give a written response within 30 days from the receipt of the enquiry;

c) The planning authority shall consolidate and respond to opinions before submitting the planning for appraisal.

5. Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a) The People’s Committee of the province shall notify the People’s Committees of the district of the seeking of opinions;

b) The People’s Committee of the district shall notify the People’s Committee of the commune and organizations located within the district;

c) The People’s Committee of the commune shall notify the residential community and individuals involved of the seeking of opinions;

d) The residential community, organizations and individuals shall contribute their opinions directly on the planning authority’s website or send written opinions to the planning authority. Where necessary, the planning authority may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate and respond to opinions and publish them on its website before submitting the planning for appraisal.

Article 32. Seeking opinions about provincial planning

1. The enquired entities include Ministries and relevant ministerial agencies; People’s Committees of provinces in the region and provinces adjacent to the region; Vietnamese Fatherland Front Committees of provinces, People’s Committees of districts, residential communities, organizations and individuals related to the provincial planning.

2. If the planning involves borders, islands or strategic defense and security positions, the planning authority shall agree with the Ministry of National Defense and Ministry of Public Security about contents of the planning before seeking opinions.

3. Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the provincial planning authority’s website within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 4 and 5 of this Article.

4. Opinions from the relevant regulatory authorities and Vietnamese Fatherland Front Committees of provinces shall be sought as follows:

a) The planning authority shall send an enquiry together with a planning report, strategic environmental assessment report, diagram and map showing contents of the planning;

b) The enquired authorities shall give a written response within 30 days from the receipt of the enquiry; the enquired Ministries or ministerial agencies shall give a written response to contents of the plan for development of sectors and fields under their management under the provincial planning so as to ensure the connection, consistency and systematic nature among fields, sectors and local authorities in the region as well as the conformity of the provincial planning with national and regional planning concerned;

c) The planning authority shall consolidate and respond to opinions before submitting the planning for appraisal.

5. Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a) The planning authority shall seek opinions about residential community, organizations and individuals whose rights and interests are related to the planning.

b) The People’s Committee of the district shall notify the People’s Committee of the commune and organizations located within the district;

c) The People’s Committee of the commune shall notify the residential community and individuals involved of the seeking of opinions;

d) The residential community, organizations and individuals shall contribute their opinions directly on the planning authority’s website or send written opinions to the planning authority. Where necessary, the planning authority may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate and respond to opinions and publish them on its website before submitting the planning for appraisal.

Chapter IV

PLANNING APPRAISAL COUNCIL

Article 33. Responsibilities and rights of the Planning Appraisal Council’s Chair and members

1. The Chair of the Planning Appraisal Council has the following responsibilities and rights:

a) Take responsibility for activities of the Planning Appraisal Council; organize and chair meetings of the Planning Appraisal Council;

b) Assign tasks to members of the Planning Appraisal Council;

c) Approve planning appraisal reports.

2. Members of the Planning Appraisal Council have the following responsibilities and rights:

a) Attend all meetings of the Planning Appraisal Council;

b) Consider applications for appraisal of planning, express their written opinions at meetings of the Planning Appraisal Council about specialized field and common issues; send their written opinions about drafts of planning appraisal reports to the standing body of the Planning Appraisal Council (hereinafter referred to as “the standing body”) for consolidation; cooperate with the standing body of the Planning Appraisal Council in reviewing responses to appraisal opinions in the planning documentation before the planning documentation bears seals.

c) Be entitled to have their opinions recorded;

d) Perform tasks assigned by the Chair of the Planning Appraisal Council.

Article 34. Responsibilities and rights of the standing body

1. Receive, consider and process applications for appraisal submitted by a planning authority to the Planning Appraisal Council.

2. Prepare and submit a planning appraisal plan to the Planning Appraisal Council for approval or re-appraise the planning in case it is ineligible to be submitted for decision or approval according to the conclusion given by the Planning Appraisal Council.

3. Provide documents to members of the Planning Appraisal Council in order for them to contribute their opinions about planning.

4. Request the Chair of the Planning Appraisal Council to allow for organization of a meeting, conference or workshop on assessment of themes related to the planning prior to the Planning Appraisal Council's meeting.

5. Consolidate remarks and assessments of reviewers, opinions of members of the Planning Appraisal Council, independent consultant/consultancy (if any) and authority appraising strategic environmental assessment reports and other opinions, and notify them to the Planning Appraisal Council.

6. Make necessary preparations so that the Planning Appraisal Council can organize a planning appraisal meeting.

7. Make minutes of the planning appraisal meeting.

8. Request the planning authority to adjust and complete planning report, strategic environmental assessment report and relevant documents according to the conclusion given by the Planning Appraisal Council.

9. Take charge and cooperate with the authority appraising strategic environmental assessment reports in reviewing responses to appraisal opinions, prepare a planning appraisal report, including appraisal of contents of the strategic environmental assessment report; seek written opinions of the Planning Appraisal Council’s members about the draft of the planning appraisal report; complete the planning appraisal report and submit it to the Chair of the Planning Appraisal Council for approval.

10. Take charge and cooperate with Planning Appraisal Council’s members in reviewing planning documents completed according to the Planning Appraisal Council’s conclusion; append a seal; sign the documents.

11. Use its funding, human resources, vehicles and seals.

Article 35. Reviewers of the Planning Appraisal Council

1. The Planning Appraisal Council should have at least 03 members acting as reviewers.

2. A reviewer must have at least 15 years’ experience and 08 years’ experience in planning consulting or state management of planning if he/she possesses a bachelor’s degree and at least a master’s degree in planning-related discipline respectively.

3. Reviewers have the following responsibilities and rights:

a) Attend all meetings of the Planning Appraisal Council;

b) Consider applications for appraisal of planning and send their written opinions to the standing body for consolidation;

c) Be entitled to remuneration according to regulations;

d) Do not contact planning consultants and consultancies until their review tasks are done.

Article 36. Independent consultants and consultancies

1. An independent consultant must satisfy the following conditions:

a) The consultant has at least 10 years’ experience, 15 years’ experience and 20 years’ experience in planning consulting or state management of planning if he/she possesses a doctoral degree, a master’s degree and a bachelor’s degree in planning-related discipline respectively;

b) He/she has not participated in formulating the planning he/she reviews.

2. An independent consultancy must satisfy the following conditions:

a) It has legal status;

b) It has at least 05 experts that comply with the regulation specified in Clause 2 Article 35 of this Decree;

c) He/she has not participated in formulating the planning he/she reviews.

Article 37. Seeking opinions during planning appraisal

1. Within 05 days from the receipt of the application for appraisal of planning specified in Clause 1 Article 31 of the Law on Planning, the standing body shall send enquiries to the Council’s members.

2. Within 30 days from the receipt of the application for appraisal of planning, the reviewers shall send their written opinions to the standing body for consolidation.

3. Where necessary, the Planning Appraisal Council shall select an independent consultant/consultancy to review one or some contents of the planning. Within 30 days from the receipt of the application for planning review, the independent consultant/consultancy shall send its/his/her written opinions to the standing body for consolidation.

4. The standing body shall seek opinions of experts, socio-professional organizations and other relevant organizations about planning contents or organize a thematic conference, workshop or seminar, consolidate and report opinions to the Planning Appraisal Council.

Article 38. Meetings of the Planning Appraisal Council

1. Within 10 days from the receipt of sufficient opinions contributed by reviewers of the Planning Appraisal Council, appraisal result notification of the authority appraising the strategic environmental assessment report and counsels of the independent consultant/consultancy (if any), the standing body shall consolidate and send such opinions to members of the Planning Appraisal Council and request the Chair of the Planning Appraisal Council to allow for organization of a meeting.

2. Regarding the planning required to undergo strategic environmental assessment, a planning appraisal meeting shall be conducted if it is requested in writing by the authority appraising the strategic environmental assessment report and attended by at least three quarters (3/4) of the Planning Appraisal Council’s members, including the Chair and two thirds (2/3) of reviewers and standing body’s representative, and by representatives of the planning authority and planning consultancy.

3. Planning Appraisal Council’s regulations on making decisions:

a) The council shall operate on a collective basis, discuss openly and make decisions according to majority rule to commission the planning and approve the minutes of the planning appraisal meeting;

b) The planning required to undergo strategic environmental assessment and allowed to be commissioned by at least three quarters (3/4) of the Planning Appraisal Council’s members attending the meeting is eligible to be submitted for decision or approval if the strategic environmental assessment report (and revisions thereto, if any) has been approved by a competent authority.

Chapter V

NATIONAL PLANNING INFORMATION SYSTEM AND DATABASE

Section 1: ESTABLISHMENT AND OPERATION OF NATIONAL PLANNING INFORMATION SYSTEM AND DATABASE

Article 39. Requirements for national planning information system and database

1. The national planning information system and database shall be established in a centralized and uniform manner according to national standards and technical regulations.

2. The collection, updating, storage, management and use of information and database in the national planning information system and database shall comply with the following requirements:

a) Ensure accuracy, adequacy, scientism, objectivity and inheritance;

b) Ensure uniformity and ability to connect and exchange data;

c) Regularly update and store information and database for long-term use;

d) Systematically and conveniently manage the use of information and database to promptly serve state management, planning, and planning information demand from organizations and individuals;

dd) Publish and protect organizations and individuals’ right to access and use information for right purposes in accordance with regulations of law;

e) Comply with regulations of the law on protection of state secrets and intellectual property.

Article 40. Establishment of national planning information system and database

1. The national planning information system and database shall be established according to architecture of a web portal connecting Ministries, ministerial agencies and People’s Committees of provinces in the network environment and in conformity with the Vietnam E-Government Architecture Framework; serve planning work, seeking of opinions about planning, publishing and provision of planning information; supervise and assess the process of implementing planning.

2. Information and database in the national planning information system and database are digitized, linked and integrated with each other, associated with national geographic database and approved in accordance with regulations of law.

3. The scale on which the national geographic database is established is determined by district; the national reference frame and coordinate system VN - 2000 shall be applied to all types of mapping information and database.

4. The information and database collected to establish national planning information system and database include:

a) Database of documents concerning national planning, regional planning, provincial planning, detailed planning, special administrative-economic unit planning, urban planning and rural planning that have been approved and archived as prescribed in Article 44 of the Law on Planning;

b) Specialized database under the management of Ministries, ministerial agencies and People’s Committees of provinces and central-affiliated cities, which includes national statistical database, national statistical indicator system, and statistical indicator systems of provinces, districts and communes; water resource database; geology and mineral database; environment database; meteorological and hydrological database; database of natural resources and environment of sea and islands; climate change database; statistical and inventory database of land; land use planning and plan database; information and database relating to baseline surveys of land; database of technical infrastructure systems; database of social infrastructure systems; construction database; database of systems of urban areas and rural residential areas; database of residential houses and real estate market; national defense and security database; relevant surveying and mapping database;

c) Standardized and regularly updated national geographic database;

d) Other planning information and database.

Article 41: Updating and operation of national planning information system and database

1. Ministries, ministerial agencies and People’s Committees of provinces shall update information and database of planning documentation under their management to online national planning information system and database within 10 days from the date on which the planning is approved.

2. Ministries, ministerial agencies and People’s Committees of provinces shall update information and specialized database under their management to online national planning information system and database over statistical reporting and inventory periods or after the investigation and surveying results are approved and announced by the competent authority.

3. The Ministry of Planning and Investment shall take charge and cooperate with Ministries, ministerial agencies and People’s Committees of provinces in organizing operation and use of national planning information system and database; establish business and control process to operate and maintain national planning information system and database; implement mechanisms and solutions for synchronizing and backing up data, ensuring integrity and safety of national planning information system and database.

Article 42. Costs of establishment and operation of national planning information system and database

1. The costs of construction of information infrastructure and design of software serving management and operation of national planning information system and database shall be covered by public investment and other legal capital sources.

2. The costs of management, operation and collection of information and database, and updating of information and database to online national planning information system and database shall be covered by recurrent funding sources in accordance with regulations of the Law on State Budget.

3. Every relevant regulatory authority shall make an annual estimate of recurrent funding for the activities specified in Clause 2 of this Article and send it to the finance authority at the same level.

Section 2: RESPONSIBILITY FOR ESTABLISHMENT OF NATIONAL PLANNING INFORMATION SYSTEM AND DATABASE

Article 43. Responsibilities of the Ministry of Planning and Investment

1. Promulgate regulations on contents, architecture, technical requirements, technology solutions and methods for operation of the national planning information system and database in compliance with regulations on e-Government.

2. Provide detailed guidelines for collection, processing, storage and use of planning information and database to establish the national planning information system and database.

3. Take charge and cooperate with Ministries, ministerial agencies and People’s Committees of provinces in establishing, managing and operating the national planning information system and database; submit consolidated reports on establishment, management and operation of the national planning information system and database to the Prime Minister.

4. Provide guidance and inspect the collection, management, provision, operation and use of information and database in the national planning information system and database by other Ministries, ministerial agencies and People’s Committees of provinces.

5. Make and promulgate a Regulation on cooperation in collection, management, connection, sharing and use of information and database in the online national planning information system and database.

6. Create an environment to connect, share and exchange information and database in the national planning information system and database nationwide by using information technology and communications platforms, including information technology infrastructure; management and operation software; information standards and shared database based on the connection with national planning information system and database; safety and privacy policy and policy for copyright protection of information and database in the national planning information system and database.

7. Formulate a plan and manage the use of provided funding to carry out investigations and establish database; establish, maintain and update information infrastructure and software to serve management, operation and use of the national planning information system and database in accordance with applicable regulations.

8. Provide guidance and training in editing, updating, approving and checking information and database in the national planning information system and database.

Article 44. Responsibilities of Ministries and ministerial agencies

1. Ministries and ministerial agencies shall, within their jurisdiction, have the responsibility to:

a) organize the establishment, regular updating and long-term storage of contents of the national planning information system and database under their management; connect, share and provide information and database under their management to the online national planning information system and database as prescribed;

b) ensure the accuracy of contents, information and database in the national planning information system and database within their jurisdiction to provide, update and manage thereof;

c) ensure safety of their administrator account that allows access to national planning information system and database;

d) Cooperate with the Ministry of Planning and Investment in ensuring safety of, sharing, connecting, integrating and extracting information and database in the national planning information system and database.

2. The Ministry of Natural Resources and Environment shall sufficiently provide standardized and regularly updated national geographic database and national topographic maps to establish a data framework for the national planning information system and database.

3. The Ministry of Information and Communications shall cooperate with the Ministry of Planning and Investment in promulgating technical regulations and standards, providing guidelines for synchronizing, integrating, accessing and sharing information among regulatory authorities to ensure continuous connection and safety of the national planning information system and database.

4. The Ministry of Science and Technology and the Ministry of Culture, Sports and Tourism shall cooperate with the Ministry of Planning and Investment in providing guidelines for implementation of the law on protection of intellectual property rights upon establishment and operation of the national planning information system and database.

Article 45. Responsibilities of People’s Committee of provinces

1. Within their jurisdiction, perform the tasks and exercise the rights specified in Clause 1 Article 44 of this Decree.

2. Direct their planning management authorities to perform the following tasks:

a) Take charge and cooperate with departments in collecting, updating, assessing, managing, storing, announcing and using planning information and database as prescribed;

b) Organize the management of planning information and database within provinces through the online national planning information system and database;

c) Apply information technology, integrate information, database and applications to enable organizations and individuals to effectively use planning information and database and to increase the value thereof;

d) Store and provide planning information and database.

Chapter VI

IMPLEMENTATION CLAUSE

Article 46. Effect

This Decree comes into force from the date on which it is signed.

Article 47. Responsibility for implementation

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairs of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Decree.

2. The Ministry of Planning and Investment shall, within their jurisdiction, organize and provide guidelines for the implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc

 

APPENDIX I

LIST AND SCALE OF PLANNING MAPS
(Enclosed with the Government's Decree No. 37/2019/ND-CP dated May 07, 2019)

I. NATIONAL COMPREHENSIVE PLANNING

A. 1:4.000.000 scale maps

1. Maps showing geographic locations and relationship between Vietnam and the region and the world.

B. Digital maps and 1:100.000 - 1:1.000.000 scale maps

1. Maps showing current natural conditions, socio - economic conditions, population, national and inter-regional important infrastructure.

2. Land evaluation map.

3. Maps showing orientations for zoning and regional connection.

4. Maps showing orientations for national technical infrastructure development.

5. Maps showing orientations for national social infrastructure development.

6. Maps showing orientations for national urban and rural system development.

7. Maps showing orientations for national resource use.

8. Maps showing orientations for national environmental protection.

9. Maps showing orientations for natural disaster management and resilience to climate change resilience.

10. Maps showing orientations for national spatial development.

11. Maps showing orientations for national land use.

12. Map showing spatial arrangement of nationally important projects during the planning period.

II. NATIONAL MARINE SPATIAL PLANNING

A. 1:4.000.000 scale maps

1. Maps showing geographic locations and relationship between Vietnam and the region and the world.

B. Digital maps and 1:100.000 - 1:1.000.000 scale maps

1. Maps showing current natural conditions, socio - economic conditions, population and important infrastructure within marine space.

2. Map showing orientations for extraction and use of resources within marine space.

3. Map showing orientations for development of technical infrastructure within marine space.

4. Map showing orientations for development of social infrastructure within marine space.

5. Maps showing orientations for urban and rural development in coastal areas and islands.

6. National marine spatial use zoning map.

7. Maps showing orientations for national marine spatial environmental protection.

8. Map showing orientations for natural disaster management and climate change resilience within national marine space.

9. Maps showing orientations for national marine spatial arrangement.

III. NATIONAL LAND USE PLANNING

A. Digital maps and 1:100.000 - 1:1.000.000 scale maps

1. Current national land use map.

2. Maps showing orientations for national land use.

3. National land use planning map.

B. Digital maps and 1:50.000 - 1:250.000 scale maps

1. National land use planning map by region.

IV. NATIONAL INFRASTRUCTURE PLANNING

A. 1:4.000.000 scale maps

1. Maps showing geographic locations and relationship between national infrastructure and the region and the world.

B. Digital maps and 1:25.000 - 1:250.000 scale maps

1. Current national infrastructure planning map.

2. Maps showing orientations for national infrastructure development.

3. Map showing spatial arrangement of nationally important projects and prioritized projects of the infrastructure sector.

C. Digital maps and 1:5.000 - 1:100.000 scale maps

1. Map of current use of land in key areas of the national infrastructure sector.

2. Map showing orientations for use of land in key areas of the national infrastructure sector.

V. NATIONAL RESOURCE USE PLANNING

A. Comprehensive planning for sustainable extraction and use of coastal resources:

Digital maps and 1:10.000 - 1:100.000 scale maps

1. Maps showing natural conditions and status of economy, society, resources and environment in coastal areas.

2. Map showing status and demands for extraction and use of coastal resources.

3. Coastal area function zoning map.

4. Map of areas in which dispute over extraction of coastal resources may arise.

5. Map showing comprehensive planning for sustainable extraction and use of coastal resources.

6. Map of key areas at a scale of at least 1:25.000.

B. Planning for geological baseline surveys of minerals:

Digital maps and 1:50.000 scale maps

1. Geological and mineral survey maps.

C. Mineral exploration, extraction, processing and use planning1:

Digital maps and 1:50.000 - 1:500.000 scale maps

1. Maps showing delineation of areas where mineral activities are carried out, areas where mineral activities are prohibited, areas where mineral activities are temporarily prohibited, areas where mineral activities are restricted and national mineral resource reserving areas.

2. Maps showing detailed delineation of mining areas and types of minerals (used as building materials), which need to be explored and extracted*.

3. Detailed maps of key areas where minerals are explored, extracted, processed and used*.

(*) Notes:

- The detailed zoning of mining areas is only applicable to the planning for exploration, extraction, processing and use of minerals used as building materials.

- Mineral exploration and extraction areas under the planning are limited by the straight lines connecting the points of closed angles shown on the topographic map of the national coordinate system.

D. National water resource planning:

Digital maps and 1:100.000 - 1:1.000.000 scale maps

1. Map showing status of national water resources.

2. Map showing orientations for water resource distribution and protection.

DD. Forestry planning:

Digital maps and 1:100.000 - 1:1.000.000 scale maps

1. Forest status map.

2. Current forestry infrastructure map.

3. Map showing current use of land for forestry development.

4. Special-use forest, protection forest and production forest planning maps.

5. Maps showing orientations for forestry infrastructure development.

6. Map showing orientations for use of land for forestry development.

Digital maps and 1:50.000 scale maps

1. Special-use forest planning map.

E. Aquatic resource protection and extraction planning:

Digital maps and 1:100.000 - 1:1.000.000 scale maps

1. Map showing current management, extraction, protection and development of aquatic resources.

2. Map showing zoning for aquatic resource extraction, protection and development.

Digital maps and 1:50.000 scale maps

1. Maps showing delineation of expected marine protected areas; aquatic resource protection areas; areas prohibited from fishing for a fixed term; artificial habitats for endangered, precious and rare aquatic species; aquatic species having economic and scientific value, native aquatic species and endemic aquatic species.

G. National defense land use planning, security land use planning:

Digital maps and 1:100.000 scale maps

1. Map showing current use of national defense/security land.

2. National defense/security land use planning map.

3. Map of land areas that were initially meant to serve defense/security purposes and then allocated to local governments for socio-economic development purposes.

Digital maps and 1:50.000 scale maps

1. Map showing current use of national defense/security land in key areas.

2. Map showing orientations for use of national defense/security land in key areas.

VI. NATIONAL ENVIRONMENTAL PROTECTION PLANNING

Digital maps and 1:50.000 - 1:1.000.000 scale maps

1. Map showing environmental status and orientations for environmental zoning.

2. Map showing status and orientations for conservation of nature and biodiversity.

3. Map showing status of and orientations for national, regional and provincial centralized waste treatment complexes.

4. Map showing status of and orientations for national, regional and provincial environmental monitoring and warning networks.

5. Integrated map showing environmental status and orientations for environmental protection (environmental zoning, nature and biodiversity conservation, waste treatment complexes, environmental monitoring and warning networks).

VII. NATIONAL BIODIVERSITY CONSERVATION PLANNING

Digital maps and 1:50.000 - 1:1.000.000 scale maps

1. Map showing status and orientations for conservation of natural landscapes.

2. Map showing status and orientations for conservation of high-biodiversity areas.

3. Map showing status and orientations for conservation of biodiversity corridors.

4. Map showing protected area status and orientations.

5. Map showing status and orientations for distribution of biodiversity conservation facilities.

6. Integrated map showing status and orientations for conservation of nature and biodiversity (natural landscapes, high-biodiversity areas, biodiversity corridors, protected areas, biodiversity conservation facilities).

VIII. REGIONAL PLANNING

A. 1:1.000.000 scale maps

1. Maps showing location and relationships of a region.

B. Digital maps and 1:250.000 - 1:500.000 maps (depending on shape and area of the region)

1. Maps showing status of regional development.

2. Map showing orientations for urban and rural system development.

3. Map showing orientations for spatial arrangement and functional zoning.

4. Map showing orientations for social infrastructure development*.

5. Map showing orientations for technical infrastructure development.

6. Map showing orientations for resource use*.

7. Map showing orientations for environmental protection*.

8. Map showing orientations for natural disaster management and resilience to climate change*.

9. Map showing locations of projects and their execution in order of priority.

10. Thematic map (if any).

(*) Note: Depending on different conditions of each region, each sector or type of resource may be put on separate maps to ensure that planning contents are shown on the maps.

IX. PROVINCIAL PLANNING

A. 1:250.000 - 1:1.000.000 maps (depending on shape and area of a province)

1. Maps showing locations and relationships of the province.

B. Digital maps and 1:25.000 - 1:100.000 maps (depending on shape and area of a province)

1. Maps showing status of provincial development.

2. Land evaluation map.

3. Map showing an urban and rural system planning scheme.

4. Map showing a plan for spatial arrangement and functional zoning.

5. Map showing a plan for social infrastructure development*.

6. Map showing a plan for technical infrastructure development*.

7. Map showing a land use planning scheme.

8. Map showing a plan for resource exploration, extraction, use and protection*.

9. Map showing a plan for environmental protection, natural disaster management and resilience to climate change*.

10. Map showing an inter-district and district construction planning scheme.

11. Maps showing locations of projects and their execution in order of priority.

12. Thematic map (if any).

C. Digital maps and 1:10.000 - 1:25.000 scale maps

1. Map showing status and orientations for development of key areas of the province (if any).

(*) Note: Depending on different conditions of each region, each sector or type of resource may be put on separate maps to ensure that planning contents are shown on the maps.

 

APPENDIX II

CONTENTS OF NATIONAL INFRASTRUCTURE PLANNING
(Enclosed with the Government's Decree No. 37/2019/ND-CP dated May 07, 2019)

I. TRANSPORT INFRASTRUCTURE PLANNING1

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the transport infrastructure.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the transport infrastructure during the planning period.

3. Assessment of sectoral and regional connection upon development of transport infrastructure:

a) Analysis and assessment of the connection and uniformity of transport infrastructure nationwide; connection and uniformity between domestic and international transport infrastructure;

b) Analysis and assessment of connection between transport infrastructure and infrastructure of other fields/sectors within a territory.

4. Requirements imposed on the transport infrastructure sector for socio - economic development; opportunities and challenges for transport infrastructure development:

a) Determination of requirements imposed on the transport infrastructure sector for socio - economic development, including transport demands, modes of transport, application of new technologies and vehicles to transport;

b) Analysis and assessment of opportunities and challenges for transport infrastructure development during the planning period.

5. Viewpoints and objectives for transport infrastructure development.

6. A plan for development of transport infrastructure nationwide and in territories, containing at least:

a) Orientations for distribution of space for transport infrastructure development; scale and network of roads and routes in the system of transport infrastructure (regarding the railway network planning, determine orientations for connection of railway to special-grade and grade-I urban areas, major international airports, special-grade and grade-I seaports);

b) Type, role, location, scale, orientations for operation and use, and economic, technical and technological indicators associated with classification of each work in the system of transport infrastructure in accordance with regulations of specialized law;

c) Orientations for connection between modes of transport, between domestic and international transport infrastructure; connection between transport infrastructure system with urban and rural systems, system of infrastructure serving natural disaster management and irrigation, tourism system and other infrastructure systems.

d) Solutions for managing, operating and protecting transport infrastructure system from disaster risks and climate change.

7. Orientations for provision of land (including water surface land) for the purposes of transport infrastructure development, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to transport infrastructure development.

8. A list of nationally important projects and prioritized projects of the transport infrastructure sector and their execution in order of priority:

a) Criteria for determining prioritized projects of the transport infrastructure sector during the planning period;

b) Justification for making a list of nationally important projects and important projects of the transport infrastructure sector; their execution in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Solutions for raising and allocating investment;

b) Mechanisms and policies by sector;

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), transport infrastructure planning maps, diagrams and database.

A list and scale of transport infrastructure planning maps specified in Section IV Appendix I hereof.

II. CONTENTS OF NATIONAL HYDROMETEOROLOGICAL STATION NETWORK PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the national hydrometeorological station network:

a) Overall assessment and analysis of natural, socio - economic and environmental conditions and status of hydrometeorological activities and resilience to climate change;

b) Assessment of implementation of the previous national hydrometeorological station network planning; hydrometeorological monitoring and climate change monitoring;

c) Assessment of zoning of hydrometeorological disaster risk, hydrometeorological disaster monitoring and climate change in service of natural disaster management and resilience to climate change;

d) Assessment of spatial and temporal variations in hydrometeorological and climatic elements to be monitored;

dd) Determination of demand for hydrometeorological information and data serving socio - economic development, national defense and security;

e) Assessment of effects of scientific and technological development on hydrometeorological activities.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the national hydrometeorological station network during the planning period.

3. Assessment of sectoral and regional connection upon development of hydrometeorological station network planning:

a) Assessment of connection and uniformity of the hydrometeorological station network nationwide; connection between domestic hydrometeorological station network and regional and international hydrometeorological station networks;

b) Analysis, assessment and clarification of the connection between the national hydrometeorological station network and the technical infrastructure systems of other fields/sectors concerned within a territory.

4. Determination of requirements imposed on the national hydrometeorological station network for socio - economic development; opportunities and challenges for national hydrometeorological station network development:

a) Determination of requirements imposed on the national hydrometeorological station network for socio - economic development with regard to scale and technology for hydrometeorological forecasting, technology for constructing climate change scenarios and providing climate services;

b) Analysis and assessment of potentials, advantages, opportunities and challenges for development of national hydrometeorological station network during the planning period.

5. Viewpoints and objectives for development of hydrometeorology sector nationwide and within territories, and national information and database from relevant areas.

6. A plan for national hydrometeorological station network development, containing at least:

a) Density, number, locations and list of stations, contents of monitoring by each type of station in the national hydrometeorological station network nationwide and within territories;

b) A national hydrometeorological station network planning map.

7. Orientations for provision of land for the purposes of national hydrometeorological station network development and monitoring activities related to environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments.

8. A list of nationally important projects and prioritized projects on development of national hydrometeorological station network, and their execution in order of priority:

a) Criteria for determining prioritized projects in the national hydrometeorological station network during the planning period;

b) Justification for making a list of nationally important projects and important projects of the hydrometeorology sector; their execution in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Solutions for raising and allocating investment;

b) Mechanisms and policies for planning implementation;

c) Scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), national hydrometeorological station network planning maps, diagrams and database.

A list and scale of hydrometeorology sector planning maps specified in Section IV Appendix I hereof.

III. CONTENTS OF COMPREHENSIVE NATIONAL ENERGY PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the energy infrastructure, including electric power infrastructure, infrastructure serving extraction and processing of coal, petroleum, new energy, renewable energy and other types of energy.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the national energy infrastructure system during the planning period.

3. Assessment of sectoral and regional connection upon development of national energy infrastructure:

a) Assessment of the connection and uniformity of national energy infrastructure system nationwide; connection between domestic and international energy infrastructure;

b) Assessment of the connection between the national energy system and infrastructure systems of other fields/sectors concerned within a territory.

4. Determination of requirements imposed on the national energy infrastructure system for socio-economic development; opportunities and challenges for energy sector development:

a) Forecasting of national energy demands; analysis of national energy sources;

b) Analysis and assessment of opportunities and challenges for development of energy sector and national energy infrastructure system during the planning period.

5. Viewpoints and objectives for development of national energy infrastructure system.

6. A plan for development of energy infrastructure nationwide and in territories:

a) Comprehensive national energy development plan; harmonious and balanced combination of coal sector, petroleum sector, electric power sector and other energy resources;

b) Distribution of space for development of national energy infrastructure system nationwide and in territories, including scale, locations or direction/route of works.

7. Orientations for provision of land for the purposes of national energy infrastructure development, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to national energy infrastructure development.

8. A list of nationally important projects and prioritized projects of the national energy infrastructure sector and their execution in order of priority:

a) Criteria for determining prioritized projects of the energy infrastructure sector during the planning period;’

b) Justification for making a list of nationally important projects and important projects of the national energy infrastructure sector; their execution in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Solutions for raising and allocating investment;

b) Mechanism and policy solutions;

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), comprehensive national energy planning maps, diagrams and database.

A list and scale of national energy infrastructure sector planning maps specified in Section IV Appendix I hereof.

IV. NATIONAL POWER DEVELOPMENT PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the national power infrastructure, including power plants with a capacity equivalent to that of a Class II work or higher, 220 kV/500 kV power grid and higher voltage power grid, power plants with a capacity equivalent to that of a Class II work and 110 kV power grid by territory.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the national power infrastructure system during the planning period.

3. Assessment of sectoral and regional connection upon power development:

a) Assessment of the connection and uniformity of the power infrastructure nationwide; connection between domestic power infrastructure system and regional and international power infrastructure systems;

b) Analysis, assessment and clarification of the connection between power infrastructure system and infrastructure systems of other fields/sectors concerned within a territory.

4. Determination of requirements imposed on the power sector; opportunities and challenges for power sector development:

a) Forecasting of power demand by local authority and territory, and nationwide;

b) Assessment of primary energy resources and renewable energy resources for power generation, and other energy resources; generation potential and power import and export; assessment of the capacity to exchange power between territories;

c) Analysis and assessment of potentials, advantages, opportunities, challenges, limitations and shortcomings in national power development.

5. Viewpoints and objectives for national power development during the planning period.

6. National power development plans:

a) Power source development plan;

b) Power grid development plan;

c) Regional power grid connection plan;

d) Orientations for rural power development;

dd) Power sector management model;

e) Assessment of socio - economic effectiveness achieved by national power development plans and programs.

7. Orientations for provision of land for the purposes of development of national power works, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to development and construction of power works.

8. A list of nationally important projects and prioritized projects of the power sector and their execution in order of priority:

a) Criteria for determining prioritized projects of the power sector during the planning period;

b) Justification for making a list of nationally important projects and important projects of the power sector; their execution in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Solutions for ensuring security of power supply;

b) Solutions for financing and raising investment for power sector development;

c) Laws and policies;

d) Solutions for environmental protection and natural disaster management;

dd) Scientific and technological solutions;

e) Solutions for economical and effective use of power;

g) Human resource development solutions;

h) International cooperation solutions;

i) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), national power development planning maps, diagrams and database.

A list and scale of power sector planning maps specified in Section IV Appendix I hereof.

V. CONTENTS OF OIL AND GAS STORAGE AND SUPPLY INFRASTRUCTURE PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by oil and gas storage and supply infrastructure:

2. Forecasting of development trends, development scenarios and climate change that have direct effects on oil and gas storage and supply infrastructure during the planning period.

3. Assessment of sectoral and regional connection upon development of oil and gas storage and supply infrastructure:

a) Assessment of the connection and uniformity of the national oil and gas storage and supply infrastructure nationwide; connection between domestic and international oil and gas storage and supply infrastructure;

b) Connection between national oil and gas storage and supply infrastructure and infrastructure of other fields/sectors concerned within a territory.

4. Determination of requirements imposed on the national oil and gas storage and supply infrastructure for socio-economic development; opportunities and challenges:

a) Forecasting of demand for development of national oil and gas storage and supply infrastructure with regard to scale, technology, areas of distribution, substitute type and construction and operation techniques;

b) Analysis and assessment of opportunities, challenges, limitations and shortcomings in development of oil and gas storage and supply infrastructure.

5. Viewpoints and objectives for development of national oil and gas storage and supply infrastructure during the planning period.

6. A plan for development of national oil and gas storage and supply infrastructure nationwide and in territories:

a) Justification for formulating the plan for development of national oil and gas storage and supply infrastructure;

b) Orientations for distribution and use of space for development of national oil and gas storage and supply infrastructure for the purposes of ensuring sectoral and regional connection;

c) Determination of scale, expected locations, directions and routes of the oil and gas storage and supply infrastructure.

7. Orientations for provision of land for the purposes of development of national oil and gas storage and supply infrastructure, fire safety assurance, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to development of national oil and gas storage and supply infrastructure.

8. A list of nationally important projects and prioritized projects of the oil and gas storage and supply infrastructure sector and their execution in order of priority:

a) List of prioritized projects of the oil and gas storage and supply infrastructure sector and their execution in order of priority;

b) Justification for making a list of nationally important projects and important projects of the oil and gas storage and supply infrastructure sector; their execution in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Solutions for raising and allocating investment;

b) Mechanisms and policies

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), oil and gas storage and supply infrastructure planning maps, diagrams and database.

A list and scale of oil and gas storage and supply infrastructure sector planning maps specified in Section IV Appendix I hereof.

VI. CONTENTS OF NATIONAL INFORMATION AND COMMUNICATION INFRASTRUCTURE PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by national information and communication infrastructure.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the national information and communication infrastructure during the planning period.

3. Assessment of sectoral and regional connection upon development of national information and communication infrastructure:

a) Assessment of the connection and uniformity of information and communication infrastructure nationwide; connection and uniformity between domestic and international information and communication infrastructure;

b) Assessment of the connection between information and communication infrastructure and other infrastructure concerned within a territory.

4. Determination of requirements imposed on information and communication infrastructure for socio - economic development, including posts, telecommunications, information technology and broadcasting infrastructure; opportunities and challenges for information and communication infrastructure development:

a) Forecasting of information and communication demands regarding scale, technology, areas of distribution, substitute form of media, technology and operation;

b) Analysis and assessment of opportunities, challenges, limitations and shortcomings in development of information and communication infrastructure.

5. Viewpoints and objectives for development of national information and communication infrastructure during the planning period, including posts, telecommunications, information technology and broadcasting infrastructure.

6. A plan for development of the national information and communication infrastructure nationwide and in territories:

a) Orientations for development of telecommunications infrastructure, market, technology and services;

b) Plan for development of information technology and broadcasting infrastructure;

c) Plan for development of public postal service network;

d) Plan for development of information technology industry;

dd) Plan for development and application of information technology to state management, socio - economic and environmental activities, defense and security activities;

e) Targets for development of information and communication infrastructure during the planning period.

7. Orientations for provision of land for the purposes of national information and communication infrastructure development, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to information and communication infrastructure development.

8. A list of nationally important projects and prioritized projects of the information and communication infrastructure sector and their execution in order of priority:

a) Criteria for determining prioritized projects of the information and communication infrastructure sector during the planning period;

b) Justification for making a list of nationally important projects and important projects of the information and communication infrastructure sector; their execution in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Mechanisms and policies for telecommunications development and information technology development and application;

b) Human resource development solutions;

c) Scientific and technological solutions;

d) Solutions for raising and allocating investment;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), national information and communication infrastructure planning maps, diagrams and database.

A list and scale of oil and information and communication infrastructure sector planning maps specified in Section IV Appendix I hereof.

VII. CONTENTS OF PRESS AGENCY, BROADCASTING AND ELECTRONIC INFORMATION ESTABLISHMENT AND PUBLISHER NETWORK DEVELOPMENT PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the national press agency, broadcasting and electronic information establishment and publisher network.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the broadcasting network during the planning period.

3. Assessment of sectoral and regional connection; determination of requirements imposed on the press agency, broadcasting and electronic information establishment and publisher network for socio - economic development; opportunities and challenges for development of the sector:

a) Assessment of the connection between publication, printing and distribution nationwide and in territories;

b) Assessment of the connection between the press agency, broadcasting and electronic information establishment and publisher network and other fields and sectors;

c) Determination of requirements for development of the press agency, broadcasting and electronic information establishment and publisher network in terms of scale, type, means, technology and areas of distribution upon satisfying requirements for socio - economic development;

d) Analysis and assessment of opportunities and challenges for development of the national press agency, broadcasting and electronic information establishment and publisher network during the planning period.

4. Viewpoints and objectives for development of the national press agency, broadcasting and electronic information establishment and publisher network.

5. A plan for development of the national press agency, broadcasting and electronic information establishment and publisher network nationwide and in territories:

a) Orientations for development of press, broadcasting, electronic information and publication fields; development targets set for each field;

b) Orientations for organization of the press agency, broadcasting and electronic information establishment and publisher network nationwide; locations and operating scope of current and new establishments;

c) Orientations for investment in infrastructure for development of the press agency, broadcasting and electronic information establishment and publisher network.

6. Orientations for provision of land for development of the national press agency, broadcasting and electronic information establishment and publisher network.

7. A list of nationally important projects and prioritized projects on development of the national press agency, broadcasting and electronic information establishment and publisher network, and their execution in order of priority:

a) Criteria for determining prioritized projects of the sector during the planning period;

b) Justification for making a list of nationally important projects and important projects of the sector; their execution in proposed order of priority and investment phasing plan.

8. Solutions and resources for planning implementation:

a) Mechanisms and policies for development of the press agency, broadcasting and electronic information establishment and publisher network;

b) Human resource development solutions;

c) Scientific and technological solutions;

d) Solutions for raising and allocating investment;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

9. Planning reports (including consolidated and brief reports), press agency, broadcasting and electronic information establishment and publisher network planning maps, diagrams and database.

VIII. CONTENTS OF NATURAL DISASTER MANAGEMENT AND IRRIGATION PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the natural disaster management and irrigation infrastructure system:

2. Forecasting of development trends, development scenarios and climate change that have direct effects on natural disaster management and irrigation during the planning period:

a) Forecasting of development trends and water source trends, effects thereof on natural disaster management and irrigation;

b) Forecasting of effects of natural disasters and extreme weather events under climate change on the sustainability of works serving natural disaster management;

c) Forecasting of effects of scientific and technological advances and resources on natural disaster management and irrigation;

d) Construction of development scenarios during the planning period directly related to natural disaster management and irrigation.

3. Assessment of sectoral and regional connection upon development of the natural disaster management and irrigation infrastructure system:

a) Assessment of the connection and uniformity of the natural disaster management and irrigation infrastructure system nationwide;

b) Assessment of the connection between the natural disaster management and irrigation infrastructure system and the infrastructure systems of other fields/sectors concerned within a territory;

c) Assessment of the connection, uniformity and closeness of the coastal natural disaster management infrastructure upon protection of coastal areas from climate change, sea level rise, salinity intrusion, inundation, erosion and aggradation.

4. Determination of requirements imposed on the natural disaster management and irrigation for socio - economic development; opportunities and challenges for development of the sector:

a) Determination of requirements imposed on the natural disaster management and irrigation for socio - economic development with regard to scale, type and technology;

b) Analysis and assessment of opportunities and challenges for development of the fields of natural disaster management and irrigation during the planning period.

5. Viewpoints and objectives for development of the natural disaster management and irrigation infrastructure system.

6. A plan for natural disaster management and irrigation infrastructure nationwide and in territories:

a) Analysis, calculation and formulation of a plan for natural disaster management and irrigation infrastructure according to the scenarios for resilience to climate change within river basins and region and nationwide for the purpose of ensuring sustainability and effectiveness of works serving establishment of water sources, storing, balancing, regulating and distributing water sources, and preventing floods, storms and water level rise; reducing the risks of inundation, coastal and riverbank erosion, drought, water shortage, salinity intrusion, desertification, water resource degradation and other natural disasters nationwide;

b) Constructional and non-constructional solutions proposed according to the scenario for development of the natural disaster management and irrigation infrastructure system nationwide and in each territory;

c) Proposed solutions for connecting the natural disaster management and irrigation infrastructure system and the infrastructure systems of other fields/sectors concerned within a territory.

7. Orientations to demand for use of land for construction, improvement and upgrade of irrigation works, works serving natural disaster management, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to the development of natural disaster management and irrigation infrastructure.

8. A list of nationally important projects and prioritized projects related to natural disaster management and irrigation, and their execution in order of priority:

a) Criteria for determining prioritized projects related to natural disaster management and irrigation during the planning period;

b) Justification for making a list of inter-regional and inter-provincial irrigation works and works, and large-scale works; list of nationally important projects and important projects of the sector; their execution in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Solutions for raising and allocating investment;

b) Mechanisms and policies;

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), national disaster management and irrigation planning maps, diagrams and database.

A list and scale of national disaster management and irrigation infrastructure sector planning maps specified in Section IV Appendix I hereof.

IX. CONTENTS OF TOURISM SYSTEM PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the national tourism system.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the national tourism system during the planning period.

3. Assessment of sectoral and regional connection upon development of the tourism system development:

a) Assessment of the connection and uniformity of the tourism system nationwide; connection and uniformity between domestic and international tourism infrastructure;

b) Assessment of the connection between tourism infrastructure and infrastructure of other fields/sectors within a territory.

4. Requirements imposed on tourism for socio - economic development; opportunities and challenges for national tourism system development:

a) Determination of demand for development of tourism system nationwide and by territory in conformity with socio - economic development tasks and targets;

b) Assessment of the capacity of the infrastructure serving tourism development in comparison with development requirements;

c) Analysis and assessment of opportunities and challenges for development of the national tourism system.

5. Viewpoints and objectives for national tourism system development during the planning period.

6. A plan for development of the national tourism system nationwide and in territories:

a) Orientations for arrangement of space for development of tourism and national tourism area system; architecture and landscape development solutions;

b) Orientations for development of national tourism infrastructure; determination of targets for tourism development;

c) Orientations for development of tourism market and key tourism products.

7. Orientations for provision of land for the purposes of national tourism system development, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to national tourism system development.

8. A list of nationally important projects and prioritized projects on tourism development and their execution in order of priority:

a) Criteria for determining prioritized projects on tourism development during the planning period;

b) Justification for making a list of nationally important projects and important projects of the sector regarding development of national tourism system; estimated total investment; execution of those projects in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

a) Mechanisms and policies;

b) Solutions for raising and allocating investment;

c) Human resource development solutions;

d) Solutions for international cooperation in tourism development;

dd) Environmental, scientific and technological solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), tourism system planning maps, diagrams and database.

A list and scale of sector planning maps specified in Section IV Appendix I hereof.

X. CONTENTS OF SOCIAL INFRASTRUCTURE, NATIONAL DEFENSE AND SECURITY INFRASTRUCTURE NETWORK PLANNING2

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the national social infrastructure, national defense and security infrastructure network.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the national social infrastructure, national defense and security infrastructure network.

3. Assessment of sectoral and regional connection upon development of the national social infrastructure, national defense and security infrastructure network; requirements imposed on the sector for socio - economic development; opportunities and challenges:

a) Assessment of the connection and uniformity of the national social infrastructure, national defense and security infrastructure network nationwide;

b) Assessment of the connection between the national social infrastructure, national defense and security infrastructure network and other infrastructure systems within a territory;

c) Assessment of the connection between regions and provinces upon development of the national social infrastructure, national defense and security infrastructure network;

d) Determination of requirements imposed on the national social infrastructure, national defense and security infrastructure network for socio - economic development during the planning period with regard to scale and areas of distribution;

dd) Analysis and assessment of opportunities and challenges for development of the national social infrastructure, national defense and security infrastructure network;

e) Analysis of risks of natural disasters and climate change posed on the national social infrastructure, national defense and security infrastructure network.

4. Viewpoints and objectives for development of the national social infrastructure, national defense and security infrastructure network during the planning period.

5. A plan for development of the national social infrastructure, national defense and security infrastructure network:

a) Orientations for development of the architecture of the national social infrastructure, national defense and security infrastructure network; number and scale of the infrastructure; criteria, standards and economic and technical indicators associated with classification of infrastructure;

b) Orientations of spatial distribution of social infrastructure, national defense and security infrastructure by region and province;

c) Orientations for investment in facilities and human resources for development of the national social infrastructure, national defense and security infrastructure network;

d) Orientations for provision of land for the purposes of development of the national social infrastructure, national defense and security infrastructure network, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to development of the national social infrastructure, national defense and security infrastructure network.

6. A list of nationally important projects and prioritized projects of the sector and their execution in order of priority:

a) Criteria for determining prioritized projects on development of the national social infrastructure, national defense and security infrastructure during the planning period;

b) Justification for making a list of nationally important projects and important projects of the sector and field of social infrastructure, national defense and security infrastructure during the planning period, estimated total investment, execution of those projects in proposed order of priority and investment phasing plan.

7. Solutions and resources for planning implementation:

a) Mechanisms and policies;

b) Human resource development solutions;

c) Environmental, scientific and technological solutions;

d) Cooperation solutions;

dd) Education and dissemination solutions;

e) International cooperation solutions;

g) Solutions for raising and allocating investment;

h) Solutions related to management model and operating methods;

i) Solutions for organizing and supervising planning implementation.

8. Planning reports (including consolidated and brief reports), social infrastructure, national defense and security infrastructure network planning maps, diagrams and database.

A list and scale of sector planning maps specified in Section IV Appendix I hereof.

XI. CONTENTS OF FISHING PORT AND ANCHORAGE SYSTEM PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the fishing port and anchorage system.

2. Analysis of trends in socio - economic development, domestic and foreign legal environment, science, technology, operations management and scenarios for natural disaster management and resilience to climate change that have direct effects on the fishing port and anchorage system during the planning period.

3. Assessment of sectoral and regional connection of the fishing port and anchorage system:

a) Assessment of the connection and uniformity of the fishing port and anchorage system nationwide;

b) Assessment of the connection between the fishing port and anchorage system and technical infrastructure systems of other fields/sectors within a territory.

4. Determination of requirements for development of fishing ports and anchorages; opportunities and challenges for development of fishing ports and anchorages:

a) Determination of requirements and demands for development of fishing port and anchorage system on the basis of socio - economic development orientations, fishery development strategy, national comprehensive planning, aquatic resource protection and extraction planning, relevant field and sector planning during the planning period;

b) Analysis and assessment of opportunities and challenges for development of the fishing port and anchorage system during the planning period.

5. Viewpoints and objectives for development of the fishing port and anchorage system during the planning period:

a) Development viewpoints with regard to socio - economic benefits, environmental protection, biodiversity conservation, national defense and security assurance;

b) Overall and specific objectives for development of the fishing port and anchorage system during the planning period.

6. A plan for development of the fishing port and anchorage system nationwide and in territories:

a) Distribution and arrangement of space for development of the fishing port and anchorage system (scale and network of routes);

b) Type, role, location, scale, orientations for operation and use, and economic, technical and technological indicators associated with classification of each work in the fishing port and anchorage infrastructure system in accordance with regulations of specialized soft law;

c) A plan for connection between the fishing port and anchorage infrastructure system with the transport, power, communication and natural disaster management systems and other infrastructure systems;

d) Solutions for management, operation and assurance of safety of the fishing port and anchorage infrastructure system.

7. Orientations for provision of land (including water surface) for the purposes of fishing port and anchorage infrastructure system development, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to fishing port and anchorage infrastructure system development.

8. A list of nationally important projects and prioritized projects of the sector and their execution in order of priority:

a) Criteria for determining prioritized projects on development of the fishing port and anchorage system during the planning period;

b) Justification for making a list of nationally important projects and important projects of the sector regarding development of the fishing port and anchorage system; estimated total investment; execution of those projects in proposed order of priority and investment phasing plan.

9. Solutions and resources for planning implementation:

b) Solutions for raising and allocating investment;

b) Mechanisms and policies;

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) International cooperation solutions;

e) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), fishing port and anchorage planning maps, diagrams and database.

A list and scale of sector planning maps specified in Section IV Appendix I hereof.

XII. CONTENTS OF URBAN AND RURAL SYSTEM PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context and status of spatial distribution and use by the urban and rural systems.

2. Forecasting of development trends, development scenarios and climate change that have direct effects on the urban and rural systems during the planning period.

3. Assessment of sectoral and regional connection upon development of the urban and rural system:

a) Cooperation between local authorities in rural and urban development within a territory; connect between urban development and rural development;

b) Assessment of the connection and uniformity of the national urban and rural systems and other infrastructure systems;

c) Analysis and assessment of policies on development resources and cooperation between sectors and fields for the purpose of protecting interests of relevant parties in urban and rural development.

4. Requirements imposed on the urban and rural system for socio - economic development; opportunities and challenges for the national urban and rural system development:

a) Determination of requirements imposed on the national urban system for socio - economic development;

b) Analysis and assessment of opportunities and challenges for development of the fishing port and anchorage system during the planning period;

c) Analysis of risks of natural disasters and climate change posed on the urban and rural system.

5. Viewpoints and objectives for the national urban and rural system development during the planning period.

6. A plan for development of the urban and rural systems nationwide and in territories:

a) Determination of economic - technical indicators for urban and rural development of the whole country or each territory in conformity with development viewpoints and objectives;

b) Proposed framework for national urban and rural development, including the urban and rural networks in each region and nationwide;

c) Proposed development model and structure of national urban and rural systems in conformity with economic, cultural and social characteristics;

d) Proposed orientations for urban development areas and areas of distribution of urban network; classification of urban systems by territory and administrative unit; determination of urban areas that are epicenters of provinces, regions and the whole country;

dd) Proposed orientations and rules for distributing rural population in territories;

e) Determination of zones and territories serving fulfillment of objectives for urban and rural development nationwide, in territories and over each planning period;

g) Determination of rules and requirements for protection of natural landscapes, effective extraction and use of land resource; proposed standards for selection and use of land for urban and rural development;

h) Orientations for development of urban and rural landscape architecture;

i) Orientations for urban development nationwide and within each province;

k) Solutions for development cooperation between urban areas, between rural and urban areas;

l) Determination of network, locations and scale of inter-regional and inter-provincial central technical infrastructure works that play an important role in development of the national urban and rural systems, including works serving transport, energy and water supply, water drainage and wastewater treatment, management of solid waste and cemeteries.

7. Orientations for provision of land for the purposes of national urban and rural system development, environmental protection, resilience to climate change and conservation of nationally ranked ecology, landscapes and sites/monuments related to national urban and rural system development.

8. A list of nationally important projects and prioritized projects on national urban and rural system development and their execution in order of priority:

a) Criteria for determining prioritized projects on national urban and rural development during the planning period;

b) Justification for making a list of nationally important projects and important projects of the sector regarding development of national urban and rural system; estimated total investment; execution of those projects in proposed order of priority and investment phasing plan.

9. Solutions for planning implementation:

a) Laws, mechanisms and policies;

b) Solutions for raising and allocating investment;

c) Environmental, scientific and technological solutions;

d) Human resource development solutions;

dd) Solutions for organizing and supervising planning implementation.

10. Planning reports (including consolidated and brief reports), urban and rural system planning maps, diagrams and database.

A list and scale of sector planning maps specified in Section IV Appendix I hereof.

 

APPENDIX III

NATIONAL RESOURCE USE PLANNING
(Enclosed with the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019)

I. CONTENTS OF COMPREHENSIVE PLANNING FOR SUSTAINABLE EXTRACTION AND USE OF COASTAL RESOURCES

1. Analysis and assessment of natural conditions, investigation, survey, exploration and status of extraction and use of coastal resources:

a) Analysis and assessment of coastal natural conditions, natural resources and environment; effects of climate change and sea level rise on coastal resources and environment;

b) Analysis and assessment of the investigation, survey and exploration of coastal resources;

c) Analysis and assessment of status of coastal resource and environment;

d) Analysis and assessment of requirements for protecting the people’s right of access to sea;

dd) Analysis and assessment of coastal setback management;

e) Analysis and assessment of current extraction and use of coastal resources; conflicts that arise from extraction and use of coastal resources;

g) Analysis and assessment of demand for extraction and use of coastal resources:

2. Assessment of effects of extraction and use of coastal resources:

a) Effects of extraction and use of coastal resources on socio - economic development; national defense and security; environment, ecosystem and biodiversity; natural disaster management, resilience to climate change and sea level rise;

b) Assessment of trends in coastal resource and environment change;

c) Effects of extraction and use of coastal resources on requirements for integrated management of coastal resources and environment.

3. Analysis and assessment of socio - economic development guidelines and orientations pertaining to extraction and use of coastal resources, environmental protection and relevant planning:

a) Coastal socio - economic characteristics; guidelines and orientations for coastal socio - economic development;

b) Status of regulations and policies on management of extraction and use of coastal resources and coastal environmental protection;

c) Status of the planning process related to the extraction and use of coastal resources and coastal environmental protection;

4. Forecasting of scientific and technological advances and socio - economic development that have effects on protection, extraction and use of coastal resources during the planning period:

a) Analysis and forecasting of scientific and technological advances in extraction and use of coastal resources and coastal environmental protection;

b) Analysis and forecasting of development context and scenarios; analysis of competitive advantages, opportunities and challenges for extraction and use of coastal resources;

c) Analysis and forecasting of effects of socio - economic development on extraction and use of coastal resources and coastal environmental protection.

5. Viewpoints and objectives for extraction and use of coastal resources in service of socio - economic development:

a) Viewpoints on economical, effective and sustainable extraction and use of coastal resources through access to ecosystem; handling of conflicts and overlapping issues about extraction and use of coastal resources and protection of interests of relevant parties in extraction and use of coastal resources ;

b) Overall and specific objectives.

6. Determination of areas where resource extraction is prohibited or restricted and areas where extraction and use of coastal resources are encouraged:

a) Zoning for coastal resource extraction and use of coastal resources according to the principles specified in Article 33 of the Law on Natural Resources and Environment of Sea and Islands No. 82/2015/QH13;

b) Zoning of areas where resource extraction is prohibited during the planning period;

c) Determination of areas where resource extraction is restricted; proposed eligibility requirements for extraction and solutions for coastal resource management and protection;

d) Determination of areas where coastal resource extraction and use are encouraged; proposed scientific, technological and managerial solutions aimed at increasing effectiveness in resource extraction and use and reducing adverse effects of resource extraction and use on coastal environment.

7. Orientations for environmental protection and resilience to climate change upon extraction and use of coastal resources:

a) Orientations for associating environmental protection and natural disaster management with extraction and use of coastal resources;

b) Forecasting of and proposed solutions for preventing risks of coastal degradation caused by extraction and use of resources in the event of climate change, sea level rise and other natural disaster risks;

c) Proposed solutions for remedying coastal environment during and after extraction and use of resources.

8. Solutions and resources for planning implementation:

a) Managerial solutions;

b) Environmental, scientific and technological solutions;

c) Solutions for dissemination and awareness raising;

d) Training and capacity improvement solutions;

dd) Financial solutions and investment solutions;

e) International cooperation solutions;

g) Solutions for organizing implementation and supervision of planning.

9. Planning reports (including consolidated and brief reports), maps, diagrams and database of comprehensive planning for sustainable extraction and use of coastal resources. A list and scale of maps showing comprehensive planning for sustainable extraction and use of coastal resources specified in Section V Appendix I hereof.

II. CONTENTS OF PLANNING FOR GEOLOGICAL BASELINE SURVEYS OF MINERALS

1. Analysis and assessment of natural conditions and status of geological baseline surveys of minerals.

2. Assessment of effects of geological baseline surveys of minerals on economy, society, nation defense, security and environment.

3. Analysis and assessment of socio - economic development guidelines and orientations pertaining to geological baseline surveys of minerals, national environmental protection and planning related to geological baseline surveys of minerals.

4. Forecasting of scientific and technological advances and socio - economic development that have effects on geological baseline surveys of minerals during the planning period.

5. Viewpoints and objectives for geological baseline surveys of minerals in service of socio - economic development:

a) Viewpoints on investigation into and assessment of national mineral resource potential;

b) Viewpoints on mobilization of resources for geological baseline surveys of minerals;

c) Objectives and requirements for geological baseline surveys of minerals; criteria for assessment of results of geological baseline surveys of minerals; use of results of geological baseline surveys of minerals.

6. Determination of key tasks of geological baseline surveys of minerals during the planning period:

a) Creation of an ecological and mineral survey map on a scale of 1:50.000; establishment of geological and mineral database;

b) Assessment of potential of each type and group of minerals; determination of regions with mineral prospect;

c) Expected investment, demand for equipment, technology, analysis methods and experiments serving geological baseline surveys of minerals;

d) A list of tasks of geological baseline surveys of minerals, in which organizations and individuals are encouraged to invest.

7. Orientations for environmental protection, natural disaster management and resilience to climate change upon geological baseline surveys of minerals.

8. Solutions and resources for planning implementation:

a) Management and finance mechanisms tailored for geological baseline surveys of minerals;

b) Solutions for application of advanced science and technology to geological baseline surveys of minerals and analysis and testing of geological and mineral specimens;

c) Solutions for encouraging organizations and individuals to take part in geological baseline surveys of minerals;

d) Solutions for dissemination and awareness raising;

dd) Training and capacity improvement solutions;

e) Solutions for international cooperation in geological baseline surveys of minerals;

g) Solutions for organizing implementation and supervision of planning.

9. Planning reports (including consolidated and brief reports), maps, diagrams and database of planning for geological baseline surveys of minerals. A list and scale of geological baseline surveys of minerals specified in Section V Appendix I hereof.

III. CONTENTS OF MINERAL EXPLORATION, EXTRACTION, PROCESSING AND USE PLANNING1

1. Analysis and assessment of natural conditions, investigation, survey, exploration and status of extraction, processing and use of minerals.

2. Assessment of effects of mineral exploration, extraction, processing and use on socio - economic development, national defense, security, environment, biodiversity, landscape and ecosystem services.

3. Analysis and assessment of guidelines and orientations for socio - economic development, environmental protection and planning pertaining to resource extraction and use:

a) Analysis and assessment of effects of guidelines and orientations for socio - economic development and planning pertaining to mineral exploration, extraction, processing and use;

b) Assessment of status of investment, science and technology, employment and other development resources in the fields of mineral exploration, extraction, processing and use.

4. Forecasting of scientific and technological advances and socio - economic development that have effects on mineral protection, extraction and use during the planning period:

a) Forecasting of scientific and technological advances have effects on mineral exploration, extraction and use;

b) Effects of socio - economic development on community’s awareness of protection and effective and economical use of mineral resources.

5. Viewpoints and objectives for exploration, extraction, processing and use of minerals in service of socio - economic development during the planning period:

a) Viewpoints on sustainable exploration, extraction and use of minerals in service of socio - economic development, national defense and security assurance and environmental protection;

b) Overall and specific objectives for exploration, extraction, processing and use of each type of mineral during the planning period.

6. Determination of areas where mineral exploration, extraction, processing and use are prohibited, restricted or encouraged:

a) Delineation of approved areas where mineral activities are prohibited and areas where mineral activities are temporarily prohibited on maps.

b) Delineation of approved national mineral reserving areas on maps;

c) Determination of areas mineral resources area explored and extracted; determination of mineral resources mobilized during the planning period, including extraction capacity, targets of products to be processed and used, and requirements for technology for extraction and processing of each type of mineral;

d) Regarding the planning for exploration, extraction, processing and use of minerals used as building materials, detailed delineation of mining areas and types of minerals (used as building materials), which need to be explored or extracted, and the progress in exploration and extraction.

7. Orientations for environmental protection, natural disaster management and resilience to climate change upon carrying out mineral activities:

a) Forecasting of and proposed solutions for preventing risks of environmental degradation and pollution and adverse effects on residential areas, which are caused by mineral exploration, extraction and processing;

b) Proposed solutions for remedying environment during and after extraction, processing and use of minerals;

c) Proposed solutions for applying scientific and technological advances to increase effectiveness in exploring, extracting, processing and using minerals and reducing adverse effects of mineral exploration, extraction, processing and use.

8. Solutions and resources for planning implementation:

a) Laws and policies;

b) Financial solutions and investment solutions;

c) Scientific and technological solutions;

d) Solutions for dissemination and awareness raising;

dd) Training and capacity improvement solutions;

e) International cooperation solutions;

g) Solutions for organizing implementation and supervision of planning.

9. Planning reports (including consolidated and brief reports), mineral exploration, extraction, processing and use planning maps, diagrams and database.

A list and scale of maps showing mineral exploration, extraction, processing and use planning specified in Section V Appendix I hereof.

IV. CONTENTS OF WATER RESOURCE PLANNING

1. Analysis and assessment of natural conditions, investigation, survey, exploration and status of extraction and use of water resources:

a) Overall assessment of natural, socio - economic and environmental conditions:

b) Overall assessment of water resource status; current extraction, use and protection of water resources; prevention and remediation of damage caused by water.

2. Overall assessment of effects of water resource extraction, use and protection on socio - economic development, national defense, security, environment, biodiversity and ecosystem services.

3. Analysis and assessment of socio - economic development guidelines and orientations pertaining to extraction, use and protection of water resources, national environmental protection and planning related to protection, extraction and use of water resources:

a) Analysis and assessment of socio - economic development guidelines and orientations pertaining to extraction, use and protection of water resources, national environmental protection and planning related to protection, extraction and use of water resources;

b) Analysis and overall assessment of trends in change in water resources and demand for extraction and use thereof in service of people’s life and socio - economic development;

c) Analysis and overall assessment of status of investment, science and technology, employment and other development resources in the fields of water resource extraction, use and protection.

4. Forecasting of scientific and technological advances and socio - economic development that have effects on extraction, use and protection of water resources; effects of natural disaster risks and climate change on water resources during the planning period.

5. Viewpoints and objectives for extraction and use of water resources in service of socio - economic development:

a) Viewpoints on management, regulation, distribution, extraction, use and protection of water resources, prevention and remediation of damage caused by water;

b) Viewpoints and tasks of management, regulation, distribution, extraction, use and protection of water resources, prevention and remediation of damage caused by water.

6. Orientations for determination of areas where water resource extraction is prohibited or restricted and areas where water resource extraction and use are encouraged in accordance with regulations of the law on water resources (if any).

7. Orientations for regulation, distribution, extraction, use and protection of water resources; prevention and remediation of damage caused by water; determination of requirements for transfer of water between river basins; large-scale works serving regulation, extraction and use of water resource; order of priority for formulation of comprehensive river-basin water resource planning.

8. Solutions and resources for planning implementation:

a) Laws and policies;

b) Financial solutions and investment solutions;

c) Scientific and technological solutions;

d) Solutions for dissemination and awareness raising;

dd) Training and capacity improvement solutions;

e) International cooperation solutions;

g) Solutions for organizing implementation and supervision of planning.

9. Planning reports (including consolidated and brief reports), water resource planning maps, diagrams and database.

A list and scale of water resource planning maps specified in Section V Appendix I hereof.

V. CONTENTS OF FORESTRY PLANNING

1. Analysis and assessment of natural conditions, investigation, survey, exploration and status of management and protection of forests.

2. Assessment of effects of extraction and use of forest resources and forestry infrastructure development on economy, society, national defense, security, environment, biodiversity, forest environment services, natural disaster management and resilience to climate change.

3. Analysis and assessment of socio - economic development guidelines and orientations pertaining to forest management, protection and development, forest resource extraction and use, national environmental protection and relevant planning:

a) Analysis and assessment of effects of socio - economic development guidelines and orientations for forest management, protection and development;

b) Analysis and assessment of planning pertaining to forest resource extraction and use;

c) Assessment of status of investment, science and technology, human resources and other development resources in the forestry field.

4. Forecasting of scientific and technological advances and socio - economic development that have effects on forestry sector:

a) Forecasting of scientific and technological advances in forest management, protection and development;

b) Effects of socio - economic development on community’s awareness of protection, development, extraction and use of forest resources;

c) Effects of market, climate change and urbanization on forestry sector during the planning period.

5. Viewpoints and objectives for extraction and use of forest resources in service of socio - economic development:

a) Viewpoints on management, protection and development of forests, use of forest resources and development of forestry infrastructure with regard to socio - economic effectiveness, national defense and security assurance, environmental protection, biodiversity conservation, forest ecosystem services, natural disaster management and resilience to climate change;

b) Overall and specific objectives, and targets for forestry development during the planning period.

6. Orientations for forestry development:

a) Orientations for ecological zoning of forests; determination of areas at risk of forest loss and degradation, protection areas by large river basins, lakes and dams;

b) Orientations for sustainable development of special-use forests, protection forests and non-timber forest products;

c) Orientations for development of production forests, forest cultivars, forest restoration, afforestation and forest extraction;

d) Orientations for forestry infrastructure development;

dd) Orientations for use of land for development of special-use forests, protection forests, production forests and forestry infrastructure.

7. Solutions and resources for planning implementation:

a) Mechanisms and polices;

b) Financial solutions and investment solutions;

c) Scientific and technological solutions;

d) Solutions for dissemination and awareness raising;

dd) Training and capacity improvement solutions;

e) International cooperation solutions;

g) Solutions for organizing implementation and supervision of planning.

8. Planning reports (including consolidated and brief reports), forestry planning maps, diagrams and database.

A list and scale of forestry planning maps specified in Section V Appendix I hereof.

VI. CONTENTS OF AQUATIC RESOURCE EXTRACTION AND PROTECTION PLANNING

1. Analysis and assessment of natural conditions, results of investigation and assessment of aquatic resources; current management, extraction and protection of aquatic resources.

a) Current results of investigation and survey; reserves and distribution of and capacity to extract aquatic resources; status of marine protected areas, protected areas of aquatic resources and aquatic species whose breeds and genes have been stored and from which commercial breeds have been produced;

b) Status of production and catching of fish, including catching equipment and catches, growth of fishing value, offshore fishing logistics infrastructure;

c) Systems for management of extraction, protection and development of aquatic resources.

2. Assessment of effects of aquatic resource protection and extraction on socio - economic development, national defense, security, environment, biodiversity, ecosystems and other natural resources.

3. Analysis and assessment of effects of guidelines and orientations for socio - economic development, environmental protection and planning pertaining to protection and extraction of aquatic resources.

4. Forecasting of scientific and technological advances and socio - economic development that have effects on protection and extraction of aquatic resources:

a) Forecasting of trend in change in aquatic resource reserves, assessment of aquatic resource change;

b) Forecasting of demand for extraction of aquatic resources; assessment of extraction level and allowable maximum catches;

c) Forecasting of scientific and technological advances that have effects on protection and extraction of aquatic resources;

d) Assessment of effects of socio - economic development that have effects on protection and extraction of aquatic resources;

dd) Assessment of effects of market and climate change on protection and extraction of aquatic resources.

5. Viewpoints and objectives for protection and extraction of aquatic resources in service of socio - economic development:

a) Viewpoints on aquatic resource protection and extraction with regard to socio - economic benefits, environmental protection, biodiversity conservation, national defense, security, and implementation of international recommendations and conventions;

b) Overall and specific objectives, and orientations for protection and extraction of aquatic resources in service of socio - economic development during the planning period.

6. Orientations for aquatic resource protection and extraction:

a) Determination of expected marine protected areas; aquatic resource protection areas; areas prohibited from fishing for a fixed term; artificial habitats for endangered, precious and rare aquatic species; aquatic species having economic and scientific value, native aquatic species, endemic aquatic species, natural migration patterns of aquatic species;

b) Zoning for fishing; proposed solutions for management, protection and development of aquatic resources;

c) Determination of prohibited fishing gears; structure of fishing occupations, subjects to be fished, territorial waters where fishing is carried out;

d) Orientations for use of land and water surface for protection and extraction of aquatic resources, construction of fishing logistics infrastructure.

7. Solutions and resources for planning implementation:

a) Mechanisms and polices;

b) Financial solutions and investment solutions;

c) Environmental, scientific and technological solutions;

d) Solutions for dissemination and awareness raising;

dd) Training and capacity improvement solutions;

e) International cooperation solutions;

g) Solutions for organizing implementation and supervision of planning.

8. Planning reports (including consolidated and brief reports), aquatic resource protection and extraction planning maps, diagrams and database.

A list and scale of aquatic resource protection and extraction planning maps specified in Section V Appendix I hereof.

VII. CONTENTS OF NATIONAL DEFENSE LAND USE PLANNING

1. Analysis and assessment of factors, natural conditions, resources, context that exerts direct effects and current use of national defense land.

2. Assessment of effects of national defense land use on:

a) socio - economic development;

b) environment, biodiversity and ecosystem services;

c) natural disaster management and resilience to climate change.

3. Analysis and assessment of guidelines and orientations for socio - economic development, national environmental protection and planning pertaining to national defense land use.

4. Forecasting of scientific and technological advances and socio - economic development that have effects on national defense land use; determination of demand for use of national defense land use, requirements for quotas for land use and forecasting of trend in national defense land use change.

5. Viewpoints and objectives for national defense land use during the planning period in conformity with the national socio - economic, defense and security development strategies, national comprehensive planning and national land use planning.

6. Orientations for spatial distribution and quotas for use of national defense land:

a) Orientations for use of national defense land;

b) Determination of targets and quotas for land use;

c) Determination of locations and area of national defense land up to each region and province;

d) Determination of locations and area of national defense land allocated to local authorities for the purpose of socio - economic development.

7. Orientations for environmental protection, natural disaster management and resilience to climate change pertaining to national defense land use.

8. Solutions for planning implementation:

a) Mechanisms and policies for management of national defense land;

b) Financial solutions and investment solutions;

c) Solutions for organizing implementation and supervision of planning.

9. Planning reports (including consolidated and brief reports), national defense land use planning maps, diagrams and database. A list and scale of national defense land use planning maps specified in Section V Appendix I hereof.

VII. CONTENTS OF SECURITY LAND USE PLANNING

1. Analysis and assessment of status and factors affecting security land, including:

a) National defense land use planning;

b) National socio - economic and security development strategies, national comprehensive planning and regional planning;

c) Natural and socio - economic conditions:

d) Current management and use of security land, land potential and results of implementation of security land use planning during the previous period;

dd) Demand for security land use during the planning period;

e) Quotas for security land use;

g) Scientific and technological advances pertaining to security land use.

2. Forecasting of trend in security land use change.

3. Viewpoints and objectives for security land use during the planning period.

4. Orientations for use of security land use for the planning that covers a period of 10 years with 30 - 50 year orientations.

5. Targets for security land use during the planning period and distribution of security land to each province.

6. Determination of locations and area of security land allocated to local authorities for the purpose of socio - economic development.

7. Solutions and resources for security land use.

8. Security land database system.

9. Planning reports (including consolidated and brief reports), security land use planning maps, diagrams and database.

A list and scale of security land use planning maps specified in Section V Appendix I hereof.

 

 

1 Applicable to the following planning: (i) Planning for exploration, extraction, processing and use of radioactive ores; (ii) Planning for exploration, extraction, processing and use of minerals; (iii) Planning for exploration, extraction, processing and use of minerals used as building materials.

1 Applicable to the following planning: (i) Road network planning; (ii) Railway network planning; (iii) Comprehensive planning for seaport system development; (iv) Comprehensive planning for development of national airport and aerodrome system; (v) Inland waterway infrastructure planning.

2 Applicable to the following planning: (i) Culture and sports facility network planning; (ii) Public science and technology organization network planning; Higher education institution and pedagogical institution network planning; (iv) Planning for system of specialized educational institutions for disabled people and system of inclusive education development support centers; (v) Vocational education institution network planning; (vi) Social support center network planning; (vii) Planning for system of sanatoriums taking care of people with meritorious services to the revolution; (viii) Health facility network planning; (ix) Comprehensive planning for national reserve warehouse system; (x) National defense and security education center network planning; (xi) Planning for systems of national defense works, military zones, ammunition depots and national defense industry; (xii) Fire prevention and fighting infrastructure planning.

1 Applicable to the following planning: (i) Planning for exploration, extraction, processing and use of radioactive ores; (ii) Planning for exploration, extraction, processing and use of minerals; (iii) Planning for exploration, extraction, processing and use of minerals used as building materials.