Chapter III
APPRAISAL, APPROVAL AND ANNOUNCEMEMENT OF THE PLANNING
Section 1. APPRAISAL OF THE PLANNING
Article 15. The power to appraise the planning
The authority organizing formulation of the planning shall establish an Appraisal Council to carry out appraisal.
Article 16. Planning Appraisal Council
1. The Planning Appraisal Council includes a Chair and members. The Chair is a head of the Ministry of Transport. The members are representatives of relevant ministries and local authorities within the scope of the planning, representatives of the planning authority and some affiliates of the Ministry of Transport, and planning experts (if necessary), including 02 members who act as reviewers.
Structure and composition of the Planning Appraisal Council and organizations and individuals participating in review shall be decided by the authority organizing formulation of the planning or the Chair. The Planning Appraisal Council shall operate on a collective basis.
2. The Chair has the following responsibilities and rights:
a) Take responsibility for operation of the Planning Appraisal Council. Organize and preside over meetings of Planning Appraisal Council;
b) Assign tasks to members of the Planning Appraisal Council;
c) Approve reports on results of planning appraisal;
d) Decide to select inspection consultancies and reviewers.
3. The members have the following responsibilities and rights:
a) Attend all Planning Appraisal Council’s meetings;
b) Consider applications for appraisal of planning, contribute their opinions at Planning Appraisal Council’s meetings about specialized field and common issues;
c) Be entitled to have their opinions recorded.
4. Organizations and individuals participating in reviewer have the following responsibilities and rights:
a) Attend all Planning Appraisal Council’s meetings;
b) Consider applications for appraisal of planning and send their written opinions to the Council for consolidation;
c) Be entitled to remuneration according to regulations.
Article 17. Applications for appraisal of the planning
1. An application for appraisal of the planning includes:
a) An application form;
b) A planning report;
c) A draft decision on approval for the planning;
d) A consolidated report on organizations and individuals’ opinions about the planning; copies of written opinions of Ministries, authorities and local authorities concerned; a report on responses to opinions about the planning;
dd) A strategic environmental assessment report;
e) Planning map, diagram and data.
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 planning authority to provide additional information and provide explanation for relevant contents.
Article 18. Seeking opinions during planning appraisal
1. Within 10 working days from the receipt of the application for appraisal of planning, if the application is satisfactory, the Planning Appraisal Council shall send enquiries to its members.
2. Within 15 working days from the receipt of the application for appraisal of planning, the members shall send their written opinions to the Planning Appraisal Council’s standing body for consolidation.
3. Where necessary, the Planning Appraisal Council shall seek opinions of experts, socio-professional organizations and other organizations concerned; decide to select an independent inspection consultancy to review one or some contents of the planning.
Within 30 working 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.
Article 19. Planning appraisal meetings
1. Within 15 working days from the receipt of opinions contributed by members of the Planning Appraisal Council, the Planning Appraisal Council shall consolidate and send such opinions to the Chair for organization of a meeting.
2. A planning appraisal meeting shall be held if it is attended by:
a) at least two thirds (2/3) of Planning Appraisal Council’s members;
b) representatives of the authority organizing formulation of the planning, planning authority and planning consultancy.
3. The Planning Appraisal Council shall operate on a collective basis, discuss openly and make decisions according to majority rule and approve minutes of planning appraisal meetings.
4. The planning approved by at least three quarters (3/4) of the members attending the meeting is eligible to be submitted for decision or approval.
Article 20. Instructions following a planning appraisal meeting
1. If the planning is eligible to be submitted for decision or approval and no revision is required, within 15 working days from the end of the planning appraisal meeting, the Chair of the Planning Appraisal Council shall approve the report on results of planning appraisal and send it to the planning authority for completing the application for approval for the planning.
2. If the planning is eligible to be submitted for approval but revisions are required:
a) within 10 working days from the end of the planning appraisal meeting, the Planning Appraisal Council shall send the conclusion to the planning authority;
b) within 20 working days, the planning authority shall revise the planning according to the conclusion and send the revised planning, enclosed with a written representation of responses to the Planning Appraisal Council’s opinions to the Planning Appraisal Council;
c) the Planning Appraisal Council shall receive the revised planning project dossier, review the revisions and send the dossier to members of the Council (if necessary) for seeking opinions;
d) If the planning is eligible to be submitted for approval, the Planning Appraisal Council shall prepare a planning appraisal report and submit it to the Chair for approval, and to the planning authority for completing the application for approval for the planning;
dd) If the planning fails to be revised as requested by the Planning Appraisal Council, the Planning Appraisal Council shall issue a document providing guidance on the revision to the planning authority within 10 working days from receipt of the revised planning documentation.
3. If the planning is ineligible to be submitted for approval, within 10 working days from the end of the planning appraisal meeting, the Planning Appraisal Council shall send its conclusion to the planning authority.
Section 2. APPROVAL AND ANNOUNCEMEMENT OF THE PLANNING
Article 21. Submission and approval of the planning
1. The power to approve the planning is specified in Clause 2 Article 1, Clauses 5, 6 and 10 Article 2, Clause 2 Article 3 of the Law on Amendments to some Articles concerning planning of 37 Laws.
2. An application for approval for the planning includes:
a) An application form;
b) Consolidated and brief reports on the completed planning;
c) A report on results of planning appraisal; strategic environmental assessment report;
d) A draft decision on approval for the planning;
dd) Other documents (if any).
3. The planning shall be approved by issuing an approval decision.
4. The issues that need approving are those specified in Clause 2 Article 1, Clause 6 Article 2, Clause 10 Article 2, and Clause 2 Article 3 of the Law on Amendments to some Articles concerning planning of 37 Laws.
Article 22. Announcement of the planning
1. Time for announcing the planning is prescribed in the law on planning, except for contents related to state secrets in accordance with the protection of state secrets.
2. The Ministry of Transport and planning authority shall announce the planning within their competence.
3. The planning shall be announced on mass media using one of the following methods:
a) Organizing a press conference to announce planning contents and written approval for the planning;
b) Announcing the approved planning and list of prioritized projects executed during the planning period on the national or provincial radio/television; posting brief contents of the planning on one or some of newspapers of a central government authority or local authority;
c) Publicly presenting planning diagram, map and written approval for the planning at the authority organizing formulation of planning or planning authority;
d) Organizing a conference to disseminate contents of the approved planning;
dd) Releasing publications (books, videos, etc.) about the planning contents;
e) Posting the planning on website of the authority organizing formulation of planning or planning authority.
Tìm kiếm
Nghị định 56/2019/NĐ-CP (Bản Word)
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