Chương II: Nghị định 56/2019/NĐ-CP Lập quy hoạch

Chapter II

FORMULATION OF PLANNING

Section 1. ORGANIZATION OF PLANNING FORMUATION

Article 6. Responsibilities of the authority organizing formulation of planning

1. Decide to select a planning authority.

2. Appraise and approve planning tasks.

3. Seek opinions of relevant organizations and individuals.

4. Submit the planning to the Prime Minister for approval or decide to approve the planning within its competence.

Article 7. Responsibilities of the planning authority

1. Take charge and cooperate with relevant organizations determining and submitting planning tasks; submit applications for appraisal of planning tasks to relevant organizations.

2. Select a planning authority as prescribed.

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

4. Provide sufficient documents and facilities to the Appraisal Council and relevant authorities when contributing opinions, appraising and approving the planning.

Article 8. Responsibilities of the planning consultancy

1. Take responsibility for contents under the contract, including the quantity, time limit for production, accuracy and quality of planning products.

2. Cooperate with relevant authorities and individuals in the process of formulating the planning.

Article 9. Time limit for formulating planning

1. The time limit for determining planning tasks shall not exceed 03 months.

2. The time limit for formulating planning shall be based on the approved planning tasks.

3. The time limits specified in Clauses 1 and 2 of this Article shall not cover the periods of time the planning tasks are appraised and approved, and the planning is appraised and approved.

Section 2. PLANNING TASKS

Article 10. Determination of planning tasks

1. Grounds for determining planning tasks:

a) National sector planning, regional planning and provincial planning concerned;

b) Relevant legislative documents;

c) Reports on review and assessment of implementation of the planning in the previous period.

2. Contents of planning tasks:

a) Grounds for formulating the planning;

b) Viewpoints and objectives for formulating the planning;

c) Scope, subjects and period of the planning;

d) Key tasks of the planning;

dd) Forecasting of prospects and demands for development during the planning period;

e) Requirements for planning contents and methods;

g) Requirements and tasks of strategic environmental assessment;

h) Requirements for planning products (composition, quantity, standards and format of planning documentation);

i) Time limit for planning formulation and planning formulation plans, and responsibilities of authorities for organizing formulation of planning;

k) Planning cost estimate.

Article 11. Organizing appraisal of planning tasks

1. The authority organizing formulation of planning shall organize appraisal of planning tasks by establishing an Appraisal Council or assigning a competent unit to carry out appraisal.

2. An application for appraisal of planning tasks includes:

a) An application form;

b) A description of planning tasks;

c) Other documents (if any).

3. The following issues need appraising:

a) Conformity of legal bases;

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

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

d) Feasibility of the planning formulation plan.

4. The time limit for appraising planning tasks shall not exceed 45 days from date on which the Appraisal Council or competent unit receives the satisfactory application.

5. Planning task appraisal report:

a) A planning task appraisal report shall specify the issues mentioned in Clause 3 of this Article;

b) Within 10 days from the end of the appraisal, the Appraisal Council or relevant unit shall submit a planning task appraisal report to the planning authority;

c) Within 15 days from the receipt of the report, the planning authority shall consider and respond to appraisal opinions to modify and complete the application for appraisal of planning tasks.

Article 12. Approval for planning tasks

1. An application for approval for planning tasks includes:

a) An application form;

b) A draft Decision on approval for planning tasks;

c) A planning task appraisal report;

d) A report on response to Appraisal Council’s opinions (if any) about contents of planning tasks;

dd) A description of the modified and completed planning tasks;

e) Other documents (if any).

2. The Decision on approval for planning tasks shall contain at least:

a) Name, period, scope and subjects of the planning;

b) Viewpoints, objectives and rules for formulating the planning;

c) Requirements for planning contents and planning formulation method;

d) Time limit for formulating planning;

dd) Quantity, standards and format of planning documentation;

e) Planning costs;

g) Responsibility for resolving issues that arise from the formulation of planning;

h) Other contents requested by the authority approving the planning tasks.

Section 3. CONTENTS OF THE PLANNING AND SEEK OPINIONS ABOUT THE PLANNING

Article 13. Contents of the planning

1. Main contents of road traffic infrastructure planning, detailed planning for a cluster of seaports, ports, wharves, mooring buoys and dedicated waters, detailed planning for development of seaport land and waters and planning for development of inland port system and railway line and railway station planning are specified in Clause 2 Article 1, Clauses 6 and 10 Article 2, and Clause 2 Article 3 of the Law on Amendments to some Articles concerning Planning of 37 Laws.

2. The authority organizing formulation of the planning shall, according to the nature and requirements of the planning, define the scope, subjects and detailed contents of the planning mentioned in Clause 1 of this Article and include relevant works in the planning tasks.

Article 14. Seeking opinions about planning

1. The enquired entities include ministries and People’s Committees of provinces concerned. The authority organizing formulation of the planning shall, according to the nature and requirements of the planning, shall decide to seek opinions of organizations and individuals or post the draft planning on its website and website of the planning authority.

2. Opinions of ministries, People’s Committees of provinces and organizations related to the planning shall be sought as follows:

a) The authority organizing formulation of the planning shall send an enquiry, including a planning report or a map that shows contents of the planning;

b) The enquired authorities shall give a written response within 15 days from the receipt of the enquiry;

c) The planning authority shall consolidate and respond to opinions, and notify the authority organizing formulation of the planning for consideration before submitting the planning for appraisal.

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