Chapter III
APPRAISAL, APPROVAL AND ANNOUNCEMEMENT OF THE PLANNING
Section 1. APPRAISAL OF THE PLANNING
Article 21. Planning Appraisal Council
1. The Ministry of Science and Technology shall request the Prime Minister to establish a Planning Appraisal Council.
2. The Planning Appraisal Council shall be composed of at least 11 members. The Council includes a Chair and members. The Chair is the Minister 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. The Council shall have at least 03 members acting as reviewers; every reviewer must have at least 10 years’ experience and qualifications appropriate to the planning to be formulated.
3. The Chair has the following responsibilities and rights:
a) Take responsibility for operation of the Council; organize and chair council meetings;
b) Assign a body to act as the Council’s standing body and assign tasks to Council’s members;
c) Approve planning appraisal reports.
4. The members have the following responsibilities and rights:
a) Attend all Council’s meetings;
b) Consider applications for appraisal of planning, express their written opinions at Council’s meetings about specialized field and common issues; send their written opinions about drafts of planning appraisal reports to the Council’s standing body; cooperate with the standing body in reviewing responses to appraisal opinions in the planning documentation before the planning documentation bears seals;
c) Be entitled to have their opinions recorded.
5. The reviewers have the following responsibilities and rights:
a) Attend all Council’s meetings;
b) Consider applications for appraisal of planning and send their written opinions to the Council’s standing body for consideration;
c) Be entitled to remuneration according to regulations.
Article 22. Responsibilities and rights of the Planning Appraisal Council's 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 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 the 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 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. Prepare a planning appraisal 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 to perform its tasks.
Article 23. Applications for appraisal of the planning
1. An application for appraisal of the planning includes:
a) An application form;
b) Planning reports, including consolidated and brief reports on contents of the planning;
c) A draft decision on approval for the planning’
d) A consolidated report on opinions of organizations, communities and individuals about the planning; copies of written opinions of Ministries, ministerial agencies and local authorities concerned; a report on responses to opinions about the planning;
dd) Planning maps and diagrams (if any).
2. The Planning Appraisal Council shall carry out appraisal only when a satisfactory application specified in Clause 1 of this Article is received. Where necessary, the Planning Appraisal Council is entitled to request the applicant to provide additional information and provide explanation for relevant contents.
3. The time limit for appraising the planning shall not exceed 60 days from date on which the Planning Appraisal Council’s standing body receives the satisfactory application.
Article 24. Issues that need appraising
The appraisal shall focus on:
1. Conformity with the approved planning tasks.
2. Conformity with regulations of the law on atomic energy;
3. Integration of planning contents provided by relevant Ministries, ministerial agencies and local authorities;
4. Feasibility of the planning and conditions for adopting solutions and providing for planning implementation.
Article 25. Seeking opinions during planning appraisal
1. Within 05 days from the receipt of the application for appraisal of planning specified in Article 23 of this Decree, the Planning Appraisal Council’s standing body shall send enquiries to its members.
2. Within 20 days from the receipt of the application for appraisal of planning, the reviewers shall send their written opinions to the Planning Appraisal Council’s standing body for consolidation.
3. The Planning Appraisal Council’s 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 26. Meetings of the Planning Appraisal Council
1. Within 10 days from the receipt of sufficient opinions contributed by reviewers of the Planning Appraisal Council, 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. A planning appraisal meeting shall be held if it is attended by at least three quarters (3/4) of 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. The Council shall operate on a collective basis, discuss openly and make decisions according to majority rule and approve minutes of planning appraisal meetings. The planning allowed to be commissioned by at least two thirds (2/3) of the Planning Appraisal Council’s members attending the meeting is eligible to be submitted for approval.
Article 27. Reporting of planning appraisal
1. A planning appraisal report shall specify the Planning Appraisal Council’s opinions about the issues specified in Article 24 of this Decree and decide whether to submit the planning to the Prime Minister for approval.
2. The planning appraisal report and documents attached thereto shall be sent to the authority organizing formulation of planning within 15 days from the end of the appraisal.
3. The authority organizing formulation of planning shall direct the planning authority to consider and respond to appraisal opinions to modify and complete the application for approval for the planning.
4. According to the conclusion given by the Planning Appraisal Council and report on responses to appraisal opinions of the planning authority, the authority organizing formulation of planning shall consider deciding to submit the planning to the Prime Minister for approval.
Section 2. APPROVAL AND ANNOUNCEMEMENT OF THE PLANNING
Article 28. Applications for approval for the planning
The Minister of Science and Technology shall submit an application for approval for the atomic energy development and application planning to the Prime Minister for approval, including:
1. An application form;
2. A planning report;
3. A Prime Minister’s draft Decision on approval for the planning, which contains at least: name, period and scope of the planning, viewpoints, overall objectives and targets for development and application of atomic energy, specific objectives for development and application of atomic energy to fields and sectors, orientations for development of training, application and research centers, solutions and resources for implementing the planning and organizing implementation thereof;
4. A consolidated report on opinions of organizations, communities and individuals about the planning; copies of written opinions of Ministries, ministerial agencies and People’s Committees of provinces concerned; a report on responses to opinions about the planning;
5. A planning appraisal report; copies of written opinions of experts, socio-professional organizations and other relevant organizations;
6. A report on responses to planning appraisal opinions;
7. Planning maps and diagrams (if any).
Article 29. Announcement of the planning
1. The Ministry of Science and Technology shall take charge and cooperate with the Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, other Ministries, ministerial agencies and People’s Committees of provinces concerned in organizing announcement of the planning.
2. Within 15 days from the date on which the planning is approved, its contents shall be made publicly available in accordance with the laws on planning and protection of state secrets.
Article 30. Archiving of planning documentation
1. The atomic energy development and application planning documentation includes:
a) An application specified in Clause 1 Article 23 of this Decree;
b) An application specified in Article 28 of this Decree;
c) A decision on approval for the planning;
d) Other documents (if any).
2. Planning documentation shall be archived as prescribed by the law on archives.
Tìm kiếm
Nghị định 41/2019/NĐ-CP (Bản Word)
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