Vietnam law on planning has general regulations on formulation, implementation, assessment and adjustment of the planning under the national planning system. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are basic principles of planning in Vietnam? What is national planning system in Vietnam? Thanks for answering my questions!”
Legal grounds
- 2017 Vietnam Law on Planning
Basic principles of planning
– Comply with regulations of Vietnam Law on Planning, other relevant regulations of law and international treaties to which the Socialist Republic of Vietnam is a signatory.
– Ensure uniformity between the planning and the socio-economic development strategy and plan, ensure the combination of the sector management and territorial management; ensure national defense and security; protect the environment.
– Ensure compliance, continuity, inheritance, stability and hierarchy in the national planning system.
– Ensure participation of the people, the public, other organizations and individuals; ensure harmony of national interests, interests of regions and areas and the people with an emphasis on national interests; ensure gender equality.
– Ensure scientism, application of modern technology, interconnection, forecast, feasibility, economization and effective use of national resources; ensure objectivity, publicity, transparency and conservation.
– Ensure independence between the planning authority and planning appraisal council.
– Provide resources to implement planning.
– Ensure uniform state management of planning, appropriate assignment and authorization between regulatory authorities.
Regulations on National planning system
– National planning.
National planning includes national comprehensive planning, national marine spatial planning, national land use planning and national sector planning.
– Regional planning.
– Provincial planning.
– Special administrative-economic unit planning.
Special administrative-economic unit planning decided by the National Assembly.
– Urban planning, rural planning.
Relationship between planning types
– The national comprehensive planning serves as a basis for formulation of national marine spatial planning, national land use planning, national sector planning, regional planning, provincial planning, special administrative-economic unit planning, urban planning and rural planning nationwide.
– The national sector planning shall be conformable to the national comprehensive planning, national marine spatial planning and national land use planning.
In the event that the national sector planning is inconsistent with the national marine spatial planning and national land use planning or national planning is inconsistent with each other, it shall be adjusted and implemented according to the national marine spatial planning, national land use planning and national comprehensive planning.
– The regional planning shall be conformable to the national planning; the provincial planning shall be conformable to the regional planning and national planning.
In the event that the regional planning and provincial planning are inconsistent with the national sector planning, they shall be adjusted and implemented according to the national sector planning and national comprehensive planning.
In the event that the regional planning is inconsistent with each other and the provincial planning is inconsistent with each other, they shall be adjusted and implemented according to the planning at a higher level; in the event that the provincial planning is inconsistent with the regional planning, it shall be adjusted and implemented according to the regional planning and national planning.
– The urban planning and rural planning shall be conformable to the national planning, regional planning and provincial planning.
Procedures for planning
– Formulate planning:
+ Formulate, appraise and approve planning tasks;
+ Organize formulation of planning.
– Appraise planning.
– Decide or approve planning.
– Announce planning.
– Implement planning.
Regulations on Planning period
– The planning period is a time limit determined to serve as a basis for forecasting and setting socio-economic targets to serve planning formulation.
– The planning under the national planning system covers a period of 10 years. The orientations of the national planning cover a period of 30 – 50 years. The orientations of the regional planning and provincial planning cover a period of 20 – 30 years.
Regulations on Costs of planning
– The costs of formulation, appraisal, decision or approval, announcement and adjustment of the planning shall be covered by public investments in accordance with regulations of the Law on Public Investment.
– The costs of planning assessment shall be covered by regular funding sources in accordance with regulations of the Law on State Budget.
State policies on planning
– The State shall manage socio-economic development, ensure national defense and security and protect the environment according to the decided or approved planning.
– The State shall introduce policies on encouragement and mobilization of resources to promote sustainable development in association with environmental protection and climate change resilience according to the decided or approved planning.
– The State shall introduce policies on encouraging domestic and foreign organizations and individuals to provide resources for planning in an objective, public and transparent manner.
– The State shall introduce policies on encouraging and enabling organizations and individuals of all economic sectors to participate in planning.
– The State shall introduce policies on promotion of international cooperation in planning.
International cooperation in planning
– International cooperation in planning is aimed at ensuring that the planning is compliant with international integration requirements and basic principles of planning specified in Article 4 of Vietnam Law on Planning.
– The main international cooperation activities include experience sharing, application of new science and technology, provision of training and mobilization of human resources for planning.
– International cooperation in planning shall be conformable to Vietnam’s diplomatic policies; ensure application of the principle of peace, cooperation and friendship on the basis of respect for independence, sovereignty and territorial integrity, mutual benefit, Vietnam’s law and relevant international treaties to which the Socialist Republic of Vietnam is a signatory.
Rights and responsibilities of the public, other organizations and individuals for offering opinions on and supervising planning
– The public and organizations have the right to offer opinions on and supervise planning; individuals have the right to offer opinions on planning.
– The enquired organizations and individuals shall respond within the prescribed time limit.
– The organization assigned to formulate, appraise, decide or approve, implement and adjust planning shall enable the public and organizations to offer opinions on and supervise planning; enable individuals to offer opinions on planning.
– Opinions of the public, other organizations and individualson planning must be considered, responded to and published in accordance with regulations of law.
Prohibited acts in planning
– Formulating, appraising, deciding or approving, and adjusting planning inconsistent with regulations of Vietnam Law on Planning and relevant regulations of law.
– Formulating, appraising, deciding or approving, and adjusting planning for investment in and development of specific goods, services and products, determination of the volume of goods, services and products that are produced and sold.
– Selecting the planning consultancy and independent reviewers that fail to satisfy qualification requirements suitable for their assigned tasks or in contravention of law.
– Obstructing the public, other organizations and individualsin offering opinions.
– Not announcing, delaying, inadequately announcing planning or refusing to provide information on planning, except for information classified as state secret; deliberately announcing wrong planning; deliberately providing false information on planning; destroying, forging or falsifying documents.
– Failure to implement the decided or approved planning.
– Illegally interfering in or obstructing planning.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
National planning includes national comprehensive planning, national marine spatial planning, national land use planning and national sector planning.
There are National planning; Regional planning; Provincial planning; Special administrative-economic unit planning; Urban planning, rural planning.
The national comprehensive planning serves as a basis for formulation of national marine spatial planning, national land use planning, national sector planning, regional planning, provincial planning, special administrative-economic unit planning, urban planning and rural planning nationwide.
Conclusion: So the above is General legal regulations on planning in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
