Appraisal, decision or approval and provision of information on planning in Vietnam
Vietnam law has regulations on appraisal, decision or approval and provision of information on planning in Vietnam. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask who has the power to establish a planning appraisal council? What are regulations on applications for planning appraisal? Who has the power to decide or approve planning? Thanks for answering my questions!”
Legal grounds
- 2017 Vietnam Law on Planning
The power to establish a planning appraisal council
– The Prime Minister shall establish a planning appraisal council to appraise the national and regional planning.
– The Ministry of Planning and Investment shall establish a planning appraisal council to appraise the provincial planning.
Planning appraisal council
– A national and regional planning appraisal council includes President and members of the council. President of the planning appraisal council is the Prime Minister or Deputy Prime Minister. Members of the appraisal council include representatives of Ministries, ministerial authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be decided by the President of the council.
– A provincial planning appraisal council includes President and members of the Council. The President of the appraisal council is the Minister of Planning and Investment. Members of the appraisal council include representatives of Ministries, ministerial authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be decided by the President of the council.
– The planning appraisal council shall operate according to the collective system and be responsible for formulating planning. The standing body of the appraisal council shall seek opinions from experts, socio-professional organizations and other relevant organizations before sending them to the planning appraisal council.
When necessary, the planning appraisal council may select an independent reviewer. An independent reviewer must satisfy qualification requirements suitable for his/her assigned tasks in accordance with relevant regulations of law and regulations of the Government.
– The Government shall elaborate this Article.
Applications for planning appraisal
– An application for planning appraisal includes the following main documents:
+ An application form;
+ A planning report;
+ A draft planning decision or approval.
+ A consolidated report on opinions of the public and other organizations and individuals on the planning, copies of written opinions of Relevant Ministries, ministerial authorities and local governments; report on response to opinions on planning (hereinafter referred to as “response report”).
+ A strategic environmental assessment report;
+ Planning diagrams, maps and database.
– The planning appraisal council shall only carry out the appraisal when receiving a sufficient application specified in Clause 1 of this Article. When necessary, the appraisal council may request the submitting authority to provide additional information and explain relevant contents.
Issues that need appraising
The appraisal shall focus on:
– conformity to the approved planning tasks;
– compliance with the procedures for planning formulation that are specified in Article 16 of Vietnam Law on Planning;
– integration of planning contents provided by relevant Ministries, ministerial authorities and local governments;
– conformity of the planning to the regulations specified in Section 2, Chapter II of Vietnam Law on Planning.
Planning formulation report
– A report on appraisal of the national comprehensive planning, national marine spatial planning and national land use planning shall clearly specify opinions of the planning appraisal council on issues that need appraising specified in Article 32 of Vietnam Law on Planning and decide whether to submit the planning to the National Assembly for decision.
– A report on appraisal of the national sector planning, regional planning and provincial planning shall clearly specify opinions of the planning appraisal council on issues that need appraising specified in Article 32 of Vietnam Law on Planning and decide whether to submit the planning to the National Assembly.
– A report on appraisal of the national comprehensive planning, national marine spatial planning, national land use planning and regional planning and enclosures shall be submitted to the planning authority within 15 days from the end of the appraisal. The planning authority shall consider and respond to appraisal opinions to modify and complete the application for decision or approval for planning.
A report on appraisal of the national sector planning and provincial planning and enclosures shall be submitted to the authority organizing formulation of the planning within 15 days from the end of the appraisal. The authority organizing formulation of the planning shall direct the planning authority to consider and respond to appraisal opinions to modify and complete the application for approval for planning.
In case the planning conclusion is ineligible to be submitted for decision or approval, the planning appraisal council shall return the application to the submitting authority and provide explanation.
The power to decide or approve planning
– The National Assembly shall decide the national comprehensive planning, national marine spatial planning and national land use planning.
– The Prime Minister shall approve the national sector planning, regional planning and provincial planning.
Regarding the capital planning, the Prime Minister shall approve it after opinions of the National Assembly are obtained.
Application for decision or approval for planning
An application for decision or approval for planning includes the following main documents:
– An application form;
– A planning report;
– Draft planning decision or approval;
– A consolidated report on opinions of the public, organizations and individuals on the planning, copies of written opinions of Relevant Ministries, ministerial authorities and local governments; response report.
– A strategic environmental assessment report;
– A planning appraisal report, copies of written opinions of experts, socio-professional organizations and other relevant organizations; a review prepared by the independent reviewer (if any);
– A response report;
– Planning diagrams, maps and database.
Procedures for decision on the national comprehensive planning, national marine spatial planning and national land use planning
– Within 60 days before the opening date of the session of the National Assembly, the Government shall submit the application for decision on planning to the National Assembly’s authority for inspection.
– The inspecting authority may request the Government and relevant organizations and individual to report issues concerning the contents of the planning. Organizations and individuals shall provide sufficient information and documents to serve the appraisal.
– The inspection shall focus on:
+ Conformity of the contents of the planning to the Communist Party’s policies; constitutionality, legitimacy and uniformity in the planning system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a signatory;
+ Conformity of the planning to the regulations specified in Section 2, Chapter II of Vietnam Law on Planning;
+ Feasibility of the planning and conditions for ensuring resources and finance for planning implementation.
– The National Assembly shall consider and approve the resolution on national comprehensive planning, national marine spatial planning and national land use planning.
Contents of decision or approval for planning
The contents of the decision or approval for planning are specified in Clause 2 Article 22, Clause 2 Article 23, Clause 2 Article 24, Clauses 3, 4, 5 and 6 Article 25, Clause 2 Article 26 and Clause 2 Article 27 of Vietnam Law on Planning, depending on the type of planning.
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Frequently asked questions
The Prime Minister shall establish a planning appraisal council to appraise the national and regional planning.
The Ministry of Planning and Investment shall establish a planning appraisal council to appraise the provincial planning.
A national and regional planning appraisal council includes President and members of the council. President of the planning appraisal council is the Prime Minister or Deputy Prime Minister. Members of the appraisal council include representatives of Ministries, ministerial authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be decided by the President of the council.
Conclusion: So the above is Appraisal, decision or approval and provision of information 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
