Chương I Nghị định 37/2019/NĐ-CP: Quy định chung

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.