Chương IV Nghị định 37/2019/NĐ-CP: Hội đồng thẩm định quy hoạch

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.