Chương II Nghị định 41/2019/NĐ-CP hướng dẫn lập, thẩm định, phê duyệt, công bố, thực hiện, đánh giá và điều chỉnh quy hoạch phát triển, ứng dụng năng lượng nguyên tử: Lập quy hoạch

Chapter II

FORMULATION OF PLANNING

Section 1. PLANNING TASKS

Article 8. Determination of planning tasks

1. Authorities organizing formulation of planning shall take charge and cooperate with authorities organizing formulation of planning components, Ministries, ministerial agencies and People’s Committees of provinces concerned in determining planning tasks.

2. Planning authorities shall take charge and cooperate with authorities formulating planning components and relevant organizations in determining planning tasks. To be specific:

a) Prepare a description, including scope of research, specific contents of the planning, components of the planning to be formulated and specific content of each planning component appropriate to contents of the planning to be formulated, proposed organizations that should organize formulation of planning components, make an estimate of funding for determining planning tasks, including funding for hiring consultants, and submit it to the Ministry of Science and Technology for approval;

b) Determine planning tasks according to the description and approved funding estimate, prepare a planning task report;

c) Submit the report to the planning task appraisal council; complete planning tasks according to the conclusion given by the appraisal council, and notify the Ministry of Science and Technology, which will request the Prime Minister to approve planning tasks.

Article 9. Reporting of planning tasks

A planning task report shall contain at least:

1. Grounds for formulating the planning.

2. Scope, period and orientations of the planning.

3. Viewpoints, objectives and rules for formulating the planning.

4. Review and overall assessment of the planning in the previous period and prospects and demand for development and human resources during the planning period.

5. Specific contents of the planning and planning components.

6. Planning formulation method; planning integration procedures.

7. Parts, quantity, standards and specifications of planning products.

8. Time limit, plans and progress in formulating the planning and planning components.

9. Costs of formulating the planning and planning components.

10. Responsibilities of relevant authorities for organizing formulation of the planning.

Article 10. Organizing appraisal of planning tasks

1. The Minister of Science and Technology shall establish a planning task appraisal council and assign an agency to act as the standing agency of the council.

2. The planning task appraisal council shall be composed of at least 11 members. The Council includes a Chair and members. The Chair is a head of the Ministry of Science and Technology and the members are representatives of the Ministry of Planning and Investment, Ministry of Finance, Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, other Ministries, ministerial agencies, local authorities and organizations concerned and experts in the field of atomic energy.

3. The appraisal council shall appraise planning tasks and dissolve after completing its tasks. The council shall operate on a collective basis, discuss openly and make decisions according to majority rule. 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. Planning tasks (and revisions thereto, if any) that are approved by at least two thirds (2/3) of council members are eligible to be submitted for approval.

4. 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; reserve the right to use its funding, human resources, vehicles and seals to perform its tasks.

5. An application for appraisal of planning tasks includes:

a) An application form;

b) A Prime Minister’s draft Decision on approval for planning tasks;

c) A planning task report specified in Article 9 of this Decree;

d) Other documents (if any).

6. The following issues need appraising:

a) Conformity of legal bases;

b) Conformity, scientism and reliability of planning contents, planning approach and planning formulation method;

c) Compatibility between planning components and contents of the planning to be formulated;

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

dd) Feasibility of the planning formulation plan.

7. The time limit for appraising planning tasks shall not exceed 30 days from date on which the council’s standing body receives the satisfactory application.

8. Planning task appraisal report:

a) A planning task appraisal report shall specify the council’s opinions about the issues specified in Clause 6 of this Article;

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 take charge and cooperate with relevant authorities in considering and responding to the council’s opinions to modify and complete the application for appraisal of planning tasks.

Article 11. Approval for planning tasks

1. The Ministry of Science and Technology shall request the Prime Minister to approve planning tasks.

2. An application for approval for planning tasks includes:

a) An application form;

b) A Prime Minister’s draft Decision on approval for planning tasks;

c) A planning task appraisal report;

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

dd) A report on modified and completed planning tasks;

e) Other documents (if any).

3. The Prime Minister’s Decision on approval for planning tasks shall contain at least:

a) Name, period and scope of the planning and bases for formulation thereof;

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

c) Major contents of the planning and planning components;

d) Planning formulation method;

dd) Requirements for review and assessment of the planning in the previous period;

e) Requirements for forecasting of prospects and demands for development and human resources during the planning period;

g) Time limit and plan for and progress in formulating the planning;

h) Regulations on composition, quantity, standards and specifications of planning products;

i) Costs of formulating the planning and each planning component;

k) Proposed responsibilities of ministries, local authorities and authorities concerned for organizing formulation of the planning.

Section 2. ORGANIZATION OF PLANNING FORMUATION

Article 12. Responsibilities of the authority organizing formulation of planning

1. Take charge and cooperate with authorities organizing formulation of planning components, Ministries, ministerial agencies and People’s Committees of provinces concerned in organizing formulation of planning according to the approved planning tasks.

2. Carry out supervision and resolve issues that arise from the formulation of planning.

3. Consider and select a plan to integrate planning components into the planning according to the proposals of the planning authority, notify the Prime Minister when necessary.

Article 13. Responsibilities of authorities organizing formulation of planning components

1. Organize formulation of planning components according to the approved planning tasks.

2. Provide information and data relating to formulation of the planning to authorities organizing formulation of planning.

3. Establish a planning component appraisal council and organize appraisal of planning components; direct authorities formulating planning components to consider and respond to appraisal opinions to complete documents about planning components; send a notification that documents about planning components have been appraised and completed to the Ministry of Science and Technology.

Planning components shall be appraised in accordance with regulations specified in Section 1 Chapter III hereof in conformity with planning components.

4. Cooperate with authorities organizing formulation of planning in integrating planning components into the planning.

Article 14. Responsibilities of Ministries, ministerial agencies concerned and People’s Committees of provinces

1. Organize investigations and surveys, collect information and operate information and database system under their management to serve planning activities.

2. The Ministry of Science and Technology shall elaborate Clause 1 of this Article.

Article 15. Responsibilities of planning authorities

1. Take charge and cooperate with relevant authorities in implementing the planning formulation plan according to the approved planning tasks. To be specific:

a) Reserve the right to select a planning consultancy in accordance with regulations on bidding and hire domestic and foreign consultants that satisfy requirements specified in Article 19 of this Decree; if such planning consultancy is not available, notify the Minister of Science and Technology for consideration;

b) Organize investigations and surveys, collect information, operate information and database system pertaining to the planning; analyze, assess and forecast factors, conditions, resources and context for atomic energy development and application; propose 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;

c) Consider developing contents included in planning tasks.

2. Take charge and cooperate with authorities organizing formulation of planning components in planning integration.

3. Complete enquiries about the planning, notify the Ministry of Science and Technology to seek opinions as prescribed in Article 20 of this Decree; consolidate and respond to opinions, complete the planning and submit the planning to the Planning Appraisal Council.

4. Complete planning documentation according to the conclusion given by the Planning Appraisal Council and notify the Minister of Science and Technology, who will request the Prime Minister to approve the planning.

Article 16. Responsibilities of authorities formulating planning components

1. Reserve the right to select a consultancy that gives advice on formulation of planning components (hereinafter referred to as “the planning component consultancy”) in accordance with regulations on bidding, hire domestic and foreign consultants that satisfy requirements specified in Article 19 of this Decree; if such consultancy is not available, notify the authority organizing formulation of planning components for consideration.

2. Formulate planning components according to the approved planning tasks and at the request of the planning authority; adjust the planning components at the request of the planning authority.

3. Prepare documents and submit them to the planning component appraisal council. Complete documents about planning documents according to the conclusion given by the appraisal council.

4. Cooperate with the planning authority in planning integration.

Article 17. Planning integration

1. The planning integration shall comply with regulations on relevant planning in conformity with the planning to be formulated, ensure uniformity and effectiveness of the planning, and consistency.

2. During the integration process, if there are still different opinions about planning integration, the Ministry of Science and Technology shall discuss and agree with the authority organizing formulation of planning components and notify the Prime Minister when necessary.

Article 18. Responsibilities of planning consultancies and planning component consultancies

1. A planning consultancy shall have a legal status and:

a) be responsible to the law and planning authority for contents of the consultancy agreement regarding the quantity, time limit for production and quality of planning products;

b) cooperate with the authority formulating planning components and planning component consultancy in the process of formulating planning and integrating planning components into the planning to be formulated;

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

2. A planning component consultancy shall have a legal status and:

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

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

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

Article 19. Qualifications of planning consultancies and planning component consultancies

1. A planning consultancy shall have at least 01 consultant that satisfies the requirement specified in Point a Clause 2 of this Article and at least 02 consultants that are trained in 02 different disciplines and satisfy the requirement specified in Point b Clause 2 of this Article. A planning component consultancy shall have at least 02 consultants that satisfy the requirement specified in Point b Clause 2 of this Article.

2. Requirements to be satisfied by a domestic consultant:

a) The consultant who is the head of a planning project must obtain at least a bachelor’s degree and have at least 10 years’ experience of working in the field relevant to the planning to be formulated, has presided over formulation of at least 01 atomic energy planning or atomic energy strategy/plan/project approved by a competent authority or has directly participated in formulating at least 02 atomic energy plannings or atomic energy strategies/plans/projects approved by a competent authority;

b) The consultant who presided over formulation of planning components must obtain at least a bachelor’s degree in the discipline relevant to the planning components to be formulated and has presided over or directly participated in formulation of at least 01 atomic energy planning or atomic energy strategy/plan/project approved by a competent authority.

3. Foreign consultants shall be selected by planning authorities or authorities formulating planning components and notified to heads of authorities organizing formulation of planning or authorities organizing formulation of planning components for decision.

Article 20. Seeking opinions about planning

1. The enquired entities include the National Atomic Energy Council, Ministries, ministerial agencies, People’s Committees of provinces, residential communities, organizations and individuals related to the 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, Ministry of Public Security and Ministry of Foreign Affairs about contents of the planning before seeking opinions.

3. Contents of the draft planning, except contents classified as state secrets in accordance with regulations of law shall be published on websites of authorities organizing formulation of planning, planning authorities, authorities organizing formulation of planning components and authorities formulating planning components within at least 30 days from the date of sending the enquiry about the planning as specified in Clause 4 of this Article.

4. Opinions about the planning shall be sought as follows:

a) The authority organizing formulation of planning shall send an enquiry, including a planning report, diagram or map (if any) that shows 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, and notify the authority organizing formulation of planning for consideration before submitting the planning for appraisal.