Chương III Nghị định 37/2019/NĐ-CP: Lấy ý kiến về quy hoạch

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.

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