The Law on Planning
2017 has been effective from January 01st, 2019. On May 07th,
2019, the Decree no. 37/2019/ND-CP details some articles of Law on planning is
effective. This Decree details some articles of Law on Planning including the
Article 15,17,19,24,25,26,27,30,40,41 and 49 of Law on Planning.
This Decree applies to organizations and individuals involved in
the formulation, appraisal, decision or approval, announcement, implementation,
assessment and adjustment of the planning under the national planning system
and other relevant organizations and individuals.
Therefore, the time duration for formulation of the national
comprehensive planning, national marine spatial planning and national land use
planning is not over 30 months, since the day approving the planning task. In
the case the national planning system and province planning system, the time
duration is 24 months.
This Decree details the contents of planning need to be published
on the mass media: A summary of the planning contents must be published at
least 01 time on the first page of a printed newspaper or on the homepage of
the online newspaper for at least 30 days; The planning contents must be
announced on news programs and television channels of national radio and
television stations or provincial television stations.
The announcement of planning contents is also carried out through
the following forms: model display, planning maps; conferences and workshops to
disseminate planning contents and plan implementation plans; publications such
as books, atlas, introductory videos…
The Decree specifies the professional capacity of this planning
consultancy organization not belonging to state agencies. Pursuant to the Law
on Planning 2017, the power to organize planning formulation includes: The
Government shall organize formulation of the national comprehensive planning,
national marine spatial planning and national land use planning; The Prime
Minister shall organize formulation of regional planning; Ministry and
ministerial authorities shall organize formulation of national sector planning;
The People’s Committees of provinces shall organize formulation of provincial
planning. However, the planning organization, the Ministries and Ministerial
authorities and local governments shall select a planning consultancy in
accordance with regulations of the Law on Bidding. The planning consultancy
shall have a legal status and satisfy qualification requirements applied to its
assigned tasks in accordance with regulations of the Government is regulated at
Article 4 Decree 37/2019/ND-CP includes the conditions as follow:
· Planning
consultancy organizations must have at least 01 consultant, who is the planning
project manager and must have a university degree or higher in the discipline
related to the planning to be established to meet the prescribed conditions and
at least 05 consultants presided over the planning component or planning
contents for the national sector planning and provincial planning to meet the
prescribed conditions. Consultancy organizations that formulate planning
components or planning contents for national and provincial planning must have
at least one consultant meeting the prescribed conditions.
· The
Consultants who are managers of planning projects must have a university degree
or higher in the discipline related to the planning, and have established at
least 01 planning of the same planning level that needs to be elaborated or
directly participated in set up at least 02 plans of the same planning level.
· In case the
national master plan is first established in Vietnam, the consultant who is the
planning project manager must have a university degree or higher in the
discipline related to the planning needed to be established and the owner has
established at least 02 regional plans or planning for the inter-provincial
river basin.
· Consultants
who lead the formulation of planning components or planning contents for
national and provincial planning sectors must have a university degree or
higher in a discipline related to the planning component or planning contents.
It is necessary to set up and directly participate in setting up at least 01
planning of the same planning level.
· If the
national master plan is first established in Vietnam, the consultant who
presides over the planning component or the planning content for the national
sector planning must have a university degree or higher in the specialized
field. relating to the planning component or the planning content to be
prepared and presided over at least 01 planning or directly involved in setting
up at least 02 regional or planning for the scope of the inter-river basin the
provincial.
Organizations that meet the above requirements may conduct
planning consultancy for competent state agencies for planning. In Chapter II
of Decree 37/2019/ND-CP stipulating the issue of planning, in this chapter, the
responsibilities of planning agencies, for each planning, will specify the
responsibilities Specific agencies such as: Responsibilities of agencies that
formulate national master plans, national maritime space planning, regional
planning; Responsibilities of agencies organizing the formulation of planning
components and agencies making planning components… prescribe the time limits,
tasks and contents of planning, but the planning contents must comply with orientations
and points and development objectives of socio-economic space, regional space,
social and technical infrastructure… according to regulations, create uniform
consistency and ensure sustainable development objectives.
The Decree details about the information system and the national
database about planning at Chapter V of this Decree, includes the contents
about information and database as follow:
The information, database of the information system and national
database about planning and information, the database is digitized, linked,
integrated with each other, linked to the national geographic database and
appraised in accordance with the law.
The scale of implementing the construction of national geographic
database is determined by district administrative units; use VN-2000 reference
frame and coordinate system for all types of information, map database.
Information and database collected to build a national planning
information and database system include:
· Database of
national planning documents, regional planning, provincial planning,
specialized technical planning, special administrative – economic unit
planning, urban planning and planning rural areas have been approved and stored
according to Article 44 of the Law on Planning;
· Specialized
database managed by Ministries, Ministerial authorities, People’s Committees of
provinces and cities under the central government, including national
statistical database and national statistical indicators system, provincial,
district and commune levels; database on water resources; database on geology
and minerals; environmental database; database on meteorology and hydrology;
database of marine and island environmental resources; database on climate
change; land statistics and inventory database; database of land use planning
and plans; information and databases related to basic land surveys; database on
technical infrastructure systems; database on social infrastructure systems;
database on construction; database on urban systems and rural population
points; database on housing and real estate market; database on national
defense and security; relevant measurement and mapping databases;
· National
geographic database is standardized and updated regularly;
· Information
and databases on other planning.
The Decree stipulating the planning contents must be announced on
the mass media: notices on national radio and television news programs for
national planning and regional planning or provincial radio and television
stations for provincial plans on summarizing the contents of decisions or
approving planning and lists of projects prioritized for investment in the
planning period.
Planning law and construction law have a close relationship. An
important principle of planning activities is to ensure stability, avoid
disturbance to business and production activities of enterprises and people’s
lives. Decree 37 is expected to help clarifying issues, reducing overlapping in
relevant legal provisions.
ANT Lawyers attorneys,
a law firm in Vietnam with
offices in Hanoi, Ho Chi Minh City and Da Nang regularly monitor legal changes
to update customers regularly.
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