Chương IV: Nghị định 56/2019/NĐ-CP Tổ chức thực hiện, đánh giá, điều chỉnh quy hoạch

Chapter IV

ORGANIZING IMPLEMENTATION, ASSESSMENT AND ADJUSTMENT OF THE PLANNING

Article 23. Organizing implementation of the planning

The implementation of the planning shall be organized within the jurisdiction specified in the competent authority’s decision on approval for the planning.

Article 24. Assessment and review of implementation of the planning

1. The implementation of the planning shall be assessed in planning period, upon adjustment of the planning or at the request of the authority organizing formulation of the planning.

2. Issues that need assessing include:

a) Fulfillment of objectives of the planning;

b) Effects related to socio - economic development, national defense and security within the area where the planning is implemented;

c) Execution of prioritized projects during the planning period, in terms of: list of, plan for and progress in funding investment projects (funded by different sources) that have been executed; list of projects that have been put into operation and economic, social and environmental effectiveness they achieve; list of prioritized projects during the planning period, which have not yet been executed, reasons for failure to execute and difficulties that arise;

d) Policies and solutions for organizing implementation of the planning.

3. The planning shall be reviewed every 05 years or in special cases decided by the authority approving the planning so that it can be adjusted in a manner that is appropriate to the socio - economic development in each period. The planning authority shall organize review of the planning; results of planning review shall be reported in writing to the authority approving the planning.

Article 25. Adjustment of the planning

1. Adjustments to the mineral planning shall be made if one of the following bases is available:

a) Adjustments to the national planning, planning at a higher level or planning at the same level change the objectives of the planning;

b) There is any change to input factors included in initial planning tasks such as demands for transport, socio - economic development, etc.;

c) Effects of natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning;

d) Random fluctuations of the socio-economic situation limit the resources for planning implementation;

dd) The efficiency achieved by making adjustments to the planning is higher than that achieved by implementing the first planning scheme or the reasonableness or efficiency is found during the detailed study of the planning or there are issues or proposals with higher efficiency that arise when studying a project during the implementation of the planning;

e) Assurance of nation defense and security is required; the development of science and technology considerably changes the implementation of the planning.

2. Partial adjustments to the planning shall be made if one of the following bases is available:

a) Major works whose land use area or capacity is increased or reduced by less than 25% of the total area of land used for or capacity of the planning;

b) Route-based works whose land use area is increased or reduced by less than 15% but the total length is increased or decreased by less than 15%;

c) Partial adjustments are made to contents of the planning but do not affect the objectives, viewpoints, development orientations and solutions for implementation of the approved planning and uniformity of the planning is ensured within a region.

Article 26. Procedures for adjusting the planning

1. Procedures for adjusting planning are the same as those for formulating, appraising, approving, announcing and providing information about the planning as prescribed in this Decree.

2. Procedures for making partial adjustments:

a) The Ministry of Transport shall assign a planning authority to make partial adjustments and submit a report on partial adjustments to the planning.

b) The Ministry of Transport shall carry out review and seek opinions of relevant ministries and local authorities.

c) A competent authority is requested to approve partial adjustments to the planning.

3. The authority that has the power to approve the planning also has the power to approve adjustments to the planning.

4. The planning authority shall make adjustments to the planning.