Vietnam law has regulations on organizing planning formulation. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask who has Power to organize planning formulation? What do planning taskes include? Thanks for answering my questions”
Legal grounds
- 2017 Vietnam Law on Planning
Power to organize planning formulation
– 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.
Regulations on Planning tasks
– Planning tasks include:
+ Bases for planning formulation;
+ Requirements for planning contents and planning formulation methods;
+ Costs of planning formulation;
+ Time limit for planning formulation;
+ Responsibilities of relevant authorities for organization of planning formulation.
– The power to organize appraisal and approval for planning tasks:
+ The Government shall organize appraisal and approval for the tasks in formulation of the national comprehensive planning, national marine spatial planning and national land use planning;
+ The Prime Minister shall organize appraisal and approval for the tasks in formulation of the national sector planning, regional planning and provincial planning.
– The Government shall elaborate this Article.
Procedures for planning formulation
– Procedures for formulation of the national comprehensive planning, national marine spatial planning and national land use planning:
+ The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in determining planning tasks and submitting them to the Government for approval.
+ The planning authority shall select a planning consultancy; take charge and cooperate with relevant Ministries, ministerial authorities and local governments in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess national socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;
+ Relevant Ministries, ministerial authorities and local governments shall select a consultancy to develop the parts of the planning contents and appraise such parts before they are submitted to the planning authority;
+ The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in considering and addressing common, inter-regional and inter-provincial issues to ensure uniformity and effectiveness of the planning; propose adjustments to contents of the planning developed by relevant Ministries, ministerial authorities and local governments;
+ Relevant Ministries, ministerial authorities and local governments shall adjust and complete parts of the planning and send them to the planning authority;
+ The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of Vietnam Law on Planning;
+ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;
+ The planning authority shall complete the planning according to the conclusion of the planning appraisal council, report it to the Prime Minister, who will submit it to the National Assembly.
– Procedures for formulation of the national sector planning:
+ The authority organizing formulation of the planning shall take charge and cooperate with Ministries and ministerial authorities concerned in determining planning tasks and submitting them to the Prime Minister for approval.
+ The planning authority shall select a planning consultancy; formulate planning and send it for enquiry as prescribed in Article 19 of Vietnam Law on Planning;
+ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;
+ The planning authority shall complete the planning according to the conclusion of the planning appraisal council, report it to the Minister, who will submit it to the Prime Minister for approval.
– Procedures for formulation of the regional planning:
+ The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in determining planning tasks and submitting them to the Prime Minister for approval.
+ The planning authority shall select a planning consultancy; take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess regional socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;
+ Relevant Ministries, ministerial authorities and local governments shall select a consultancy to develop the parts of the planning contents and appraise such parts before they are submitted to the planning authority;
+ The planning authority shall take charge and cooperate with relevant Ministries, ministerial authorities and local governments in considering and addressing inter-regional and inter-provincial issues to ensure uniformity and effectiveness of the planning; propose adjustments to the contents of the planning developed by relevant Ministries, ministerial authorities and local governments;
+ Relevant Ministries, ministerial authorities and local governments shall adjust and complete the parts of the planning and send them to the planning authority;
+ The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of Vietnam Law on Planning;
+ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;
+ The planning authority shall complete the planning according to the conclusion of the planning appraisal council, which will submit it to the Prime Minister for approval.
– Procedures for formulation of the provincial planning:
+ The planning authority shall take charge and cooperate with relevant authorities, the People’s Committees of districts in determining planning tasks, reporting them to the People’s Committees of provinces, which will submit them to the Prime Minister for approval;
+ The planning authority shall select a planning consultancy; take charge and cooperate with relevant authorities and the People’s Committees of districts in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess local socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;
+ Relevant authorities and the People’s Committees of districts shall propose the contents to be included in the planning under the their management and send them to the planning authority;
+ The planning authority shall take charge and cooperate with relevant authorities and the People’s Committee of the district in considering and addressing common and inter-district issues to ensure uniformity and effectiveness of the planning; propose adjustments to the contents of the planning developed by authorities and People’s Committees of districts;
+ Relevant authorities and People’s Committees of districts shall adjust and complete the parts of the planning and send them to the planning authority;
+ The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of Vietnam Law on Planning;
+ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;
+ The planning authority shall complete the planning according to the conclusion of the planning appraisal council and submit it to the People’s Committees of provinces;
+ The People’s Committee of the province shall submit the planning to the People’s Council of the province, which will submit it to the Prime Minister for approval.
Regulations on Planning consultancy
– Planning authorities, Ministries, ministerial authorities and local governments shall select planning consultancies in accordance with regulations of the Law on Bidding.
– A planning consultancy shall have a legal status and satisfy qualification requirements suitable for its assigned tasks in accordance with regulations of the Government.
Strategic environmental assessment during planning formulation
– The planning authority shall prepare a strategic environmental assessment report in accordance with regulations of the Law on Environmental Protection.
– The strategic environmental assessment report shall be prepared and appraised at the same time the planning is formulated and appraised.
– The contents of the strategic environmental assessment report upon planning formulation are specified in the Law on Environmental Protection.
Seeking opinions on planning
– The planning authority shall seek opinions from Ministries, ministerial authorities, People’s Committees at all levels of relevant local governments, the public, and other organizations and individuals related to planning, except for those related to the national sector planning, their opinions shall be sought by the authority organizing formulation of the planning. For the regional and provincial planning, the planning authority shall seek opinions from the People’s Committees of provinces of adjacent areas.
– Opinions of organizations and individuals shall be sought through submission of documents and website of the planning authority. The enquired organizations shall give written responses.
– The public’s opinions on the planning shall be sought through website of the planning authority, public places, questionnaires, conferences, workshops and in other forms in accordance with regulations of the law on exercise of democracy in communes, wards and townships.
– Opinions must be considered, responded to and reported to a competent authority before the planning is appraised, decided or approved. The planning authority shall make opinions and responses to opinions publicly available.
– The Government shall elaborate seeking of opinions on each type of 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
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.
The People’s Committees of provinces shall organize formulation of provincial planning.
Conclusion: So the above is Regulations on organizing planning formulation in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
