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21.2017.QH14.Law On Planning
21.2017.QH14.Law On Planning
LAW ON PLANNING
Chapter I
GERNERAL PROVISIONS
3. National marine spatial plan means a national plan which concretizes the
national comprehensive plan in aspects of zoning of functional areas and proper
spatial arrangement and distribution of sectors in coastal areas, islands,
archipelagoes, sea and airspace under the sovereignty, sovereign rights and national
jurisdiction of Vietnam.
4. National land use plan means a national plan which concretizes the national
comprehensive plan in aspects of land allocation and delineation for sectors and
localities based on the potentials of land resources.
5. National sectoral plan means a national plan which concretizes the national
comprehensive plan in aspects of sectors, on the basis of linking sectors and regions
related to infrastructure, natural resource use, environmental protection and
biodiversity conservation.
volumes and quantity of certain goods and/or services that are allowed to be
produced and consumed.
3. To select planning consultancy organizations, and independent critical
consultant(s) whose professional qualifications are irrelevant to the undertakings or
the selection goes counter to legal regulations.
4. To hinder the consultation with agencies, organizations, communities, and
individuals on plans.
5. To make no, delayed, or incomplete publication of plans, to refuse to provide
information related to plans, except for the information classified as State secrets; to
deliberately make false publication of plans; to deliberately provide false information of
plans; to destroy or falsify planning dossiers and relevant documents.
6. To implement incorrectly the decided or approved plans.
7. To illegally intervene, hinder the implementation of planning.
Chapter II
PLAN FORMULATION
Part 1
ORGANIZATION FOR PLAN FORMULATION
a) The Government organizes the appraisal and approval to the planning task
as for the national comprehensive plan, national marine spatial plan and national
land use plan;
b) The Prime Minister organizes the appraisal and approval to the planning
task as for national sectoral plans, regional plans, and provincial plans.
a) The Plan formulation agency takes lead and works with relevant ministries,
ministerial-level agencies, and provincial authorities in preparing the planning task
which will be submitted to the Government for approval;
dd) The ministries and ministerial-level agencies amends and complete their
assigned parts in the plan and send them to the Plan formulation agency;
e) The Plan formulation agency finalizes and circulates the plan for comments
in accordance with Article 19 of this Law;
g) The Plan formulation agency takes up, justifies comments on the plan, and
finalizes plans accordingly before submitting it to the Plan appraisal council;
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h) The Plan formulation agency finalizes the plan according to the conclusions
of the Plan appraisal council before submitting it to the Government for consideration
and submission to the National Assembly for approval.
c) The Plan formulation agency takes up, justifies comments, and finalizes the
plan accordingly before submitting it to the Plan appraisal council;
d) The Plan formulation agency finalizes the plan in compliance with the
conclusions of the Plan appraisal council before submitting it to the Prime Minister for
approval.
e) The Plan formulation agency finalizes and circulates the plan for comments
in accordance with Article 19 of this Law;
g) The Plan formulation agency takes up, justifies comments, report, and
finalizes the plan accordingly before submitting it to the Plan appraisal council;
h) The Plan formulation agency finalizes the plan according to the conclusion
of the Plan appraisal council before submitting it to the Prime Minister for approval.
e) The Plan formulation agency finalizes the plan before circulating it for
comments in accordance with Article 19 in this Law;
g) The Plan formulation agency takes up, justifies comments and finalizes the
plan accordingly before submitting it to the Plan appraisal council;
h) The Plan formulation agency finalizes the plan according to the conclusion
of the Plan appraisal council before submitting it to the provincial people's committee
in charge;
1. The Plan formulation agency assumes the responsibility for organizing the
formulation of the Strategic environmental assessment report in accordance with
environmental protection legislation and regulations.
1. The Plan formulation agency assumes the responsibility for consulting with
relevant ministries, ministerial-level agencies, people’s committees of all levels of the
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Part 2
CONTENTS OF PLANS
2. Higher-level plans.
9. Contents of each plan category must be consistent with each other and
cohere together and demonstrated in planning reports and in systems of planning
related diagrams, maps and databases.
2. The national comprehensive plan must include the following key contents:
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1. The national marine spatial plan defines the functional zoning and the
spatial arrangement and distribution and organization of sectors and regions in
coastal areas, islands, archipelagoes, sea waters, and airspace under sovereignty,
sovereign rights, and national jurisdiction of Vietnam.
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2. The national marine spatial plan includes the following key contents:
e) Orientations for spatial organization of all the activities in the coastal areas,
islands, archipelagoes, sea waters and airspace under sovereignty, sovereign rights,
and national jurisdiction of Vietnam;
g) Functional zoning for the coastal areas, islands, archipelagoes, sea waters
and airspace under sovereignty, sovereign rights, and national jurisdiction of
Vietnam;
1. The national land use plan defines the spatial distribution and organization
of land use for objectives on socio-economic development, national defense and
security, environmental protection, natural disaster prevention, and response to
climate change based on land potentials and land use demand of inter-regional and
inter-provincial sectors and fields.
2. The national land use plan should include the following key contents:
d) Orientations of spatial distribution and targets for agricultural and forest land
use;
dd) Orientations for spatial distribution and targets for non-agricultural land
use;
3. The Government shall stipulate in detail provisions on the national land use
plan mentioned in clause 2 of this Article.
3. The national sectoral plan for the infrastructure sector must include the
following key contents:
b) Forecast on development trends and scenarios that have direct impacts on the
national infrastructure in the planning period;
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đ) The scheme for infrastructure sector development in the whole country and
territorial regions;
4. The national sectoral plan for the natural resource use sector must include
the following key contents:
đ) Viewpoints and objectives for national resources exploitation and use for
socio-economic development;
5. The national sectoral plan for the environmental protection sector must
include the following key contents:
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6. The national sectoral plan for the biodiversity conservation sector must
include the following contents:
1. Provincial plans reflect national level projects defined in national level plans;
regional and inter-provincial projects defined in regional plans; development
orientation, spatial arrangement and distribution of resources for socio-economic,
national defense, security and environmental protection activities at provincial and
inter-district levels and distribution orientations for district-level.
2. The provincial plan must include the following key contents:
a) Analysis, assessment and forecast on the specific factors and conditions of
a given province; assessment on the province’s current status regarding socio-
economic development, land use and urban and rural systems;
b) Viewpoints, objectives and the selected scheme for development of the
given province;
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facilities, trade centers, fairs, exhibitions, and other social infrastructure of the
province;
l) The scheme of land distribution and delineation into functional zones and
land categories, to district administrative level;
m) The scheme for construction planning of inter-district and district areas;
n) The scheme for environmental protection, water resources exploitation and
protection, natural disaster prevention, and response to climate change in the
province;
o) List of the province’s projects in priority order for implementation;
p) Solutions, resources for the provincial plan implementation.
3. The Government shall stipulate in detail provisions on contents of provincial
plans in clause 2 of this Article.
The formulation, appraisal, approval and amendment of technical and specialized
plans in order to implement the contents specified in Clause 2 of this Article shall comply
with provisions of relevant legislation.
Chapter III
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Part 1
PLAN APPRAISAL
1. Members of the Plan appraisal council for national and regional plans include
the council chairperson and members. The council chairperson should be the Prime
Minister or the Deputy Prime Minister. Council members include representatives of
ministries, ministerial-level agencies, local authorities and other organizations and
individuals. The standing body of the appraisal council shall be decided by its
chairperson.
2. The Plan appraisal councils of provincial plans include: the chairperson and
its members. The chairperson is the Minister of Planning and Investment and the
members consist of representatives of ministries, ministerial-level agencies, and local
authorities and other organizations and individuals. The standing body of this Plan
appraisal council shall be decided by its Chairperson.
3. The Plan appraisal council works collectively as a team and is responsible for
appraisal of plans based on a given planning task . The standing body of the Plan
appraisal council organizes the consultation with experts, social-professional
organizations, and other relevant organizations before submitting the plan to the Plan
appraisal council.
If necessary, the Plan appraisal council may select (an) independent critical
consultant(s). Such consultant(s) must meet requirements regarding professional
competence relevant to the undertakings and in line with the relevant legislation and
the Government's regulations.
4. The Government shall stipulate in detail this Article.
1. Plan appraisal report for the national comprehensive plan, national marine
spatial plan, and national land use plan must clearly reflect the plan appraisal opinions
of the Plan appraisal council on plan appraisal contents as specified in Article 32 of this
Law and the conclusions on whether or not the given plan satisfies the conditions for
submission by the Prime Minister to the National Assembly for decision.
whether the plans satisfy conditions forsubmission to the Prime Minister for his/her
approval.
3. The appraisal reports for the national comprehensive plan, national marine
spatial plan, national land use plan, regional plans, and the documents enclosed
therewith must be sent to the Plan formulation agency no later than 15 days from the
date of completion of the appraisal. The Plan formulation agency assumes the
responsibility to review, respond and take up appraisal opinions in order to finalize
the dossier for submission for approval of that plan.
Appraisal reports for national sectoral plans, provincial plans, and the
documents enclosed therewith must be sent to the Plan formulation agency no later
than 15 days from the date of completion of the appraisal. The Plan formulation
agency assumes the responsibility to review, respond, and take up appraisal opinions
in order to finalize the dossier to be submitted for approval on the plan(s).
In case the Plan appraisal council concludes that the plan fails to meet
requirements for submission for decision or approval, the Plan appraisal council shall
return the dossier to the plan submitting agency with explicitly stated reasons thereof.
Part 2
PLAN DECISION OR APPROVAL
2. The Prime Minister gives his/her approval to national sectoral plans, regional
plans and provincial plans.
For plans of the country’s capital, the Prime Minister gives his/her approval
based on the National Assembly’s opinions.
2. Plan report;
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c) The feasibility of the plan(s) and the required conditions in order to ensure
human and financial resources for the plan(s) implementation.
4. The National Assembly shall consider and pass resolutions on the national
comprehensive plan, national marine spatial plan and national land use plan.
2. The plan shall be made public in the form stipulated in Article 40 of this Law.
1. Plans must be made public on a regular and continuous basis on the official
websites of plan formulation agencies.
a) On mass media;
2. The Ministry of Planning and Investment shall take responsibility for providing
information relating to the national, regional and provincial plans.
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3. The Ministry of Natural Resources and Environment shall take responsibility for
providing information on the national land use plan and national marine spatial plan.
Chapter IV
PLAN IMPLEMENTATION, EVALUATION AND AMENDMENT
Part 1
PLAN IMPLEMENTATION
1. Plan implementation schemes are issued after plans have been given a
decision or an approval.
2. A plan implementation scheme includes the following key contents:
1. Ministries and ministerial-level agencies shall, within their tasks and powers,
allocate resources or submit requests for resource allocation to competent agencies for
the implementation of the plan(s).
2. The Ministry of Planning and Investment shall take lead, in coordination with
the Ministry of Finance, to submit to competent agencies requests for funding
resources allocation for public investment projects in accordance with the legislation
on public investment and State budget.
Part 2
The agency in charge of national sectoral plans, regional plans and provincial
plans implementation evaluation shall submit their evaluation reports to the Prime
Minister.
Part 3
PLAN AMENDMENT
3. The plan amendment must not alter plan objectives except for cases
stipulated in clauses 1, 3 and 4 of Article 53 of this Law.
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4. Impacts of natural disasters, climate change or wars that may alter the
objectives, orientations and spatial organization set forth in the given plan;
The Ministry of Planning and Investment submits to the Prime Minister for
approval to proposals on regional plans amendment.
2. The order and procedures for amendment and publication and provision of
information on such amendment shall be conducted the same way as for plan
formulation, appraisal, decision or approval, publication and information provision
prescribed in Chapter II and Chapter III of this Law.
Chapter V
2. The Prime Minister issues plans, policies, and solutions and allocates
resources for the implementation of national sectoral plans, regional plans and
provincial plans.
3. The Ministry of Planning and Investment is the focal point assisting the
Government in performing the State management over plans and has the following
tasks and powers:
a) To submit to the Prime Minister for issuance of plans, policies, solutions and
to prepare allocation of resources for the implementation of national sectoral plans;
for the establishment of the Plan appraisal councils for national sectoral plans;
5. Aside from the tasks and powers stipulated in clause 4 of this Article,
Ministry of Natural Resources and Environment has the following tasks and powers:
6. Aside from the tasks and powers stipulated in clause 4 of this Article, the
Ministry of Finance has the following tasks and powers:
Provincial people’s committees shall, within their tasks and powers, perform
the State administration over plans in their localities and have the following tasks and
powers:
Chapter VI
ENFORCEMENT PROVISIONS
each period in accordance with the strategy for development of the information
technology industry.
2. To amend, a number of articles of the Law on Organization of local
governments, No.77/2015/QH13 as follows:
a) To annul point g, clause 3 of Article 19;
b) To amend point a, clause 2 of Article 128;
a) To be in line with relevant plans approved or decided by competent
authorities;
3. To amend a number of articles of the Law on Veterinary Medicine,
No.79/2015/QH13:
a) To amend point b of clause 1 of Article 5 as follows:
b) To establish a traceability system to track origin of animals, animal products;
to build networks of slaughtering facilities, semi-processing and processing animal
products heading to link between the processing industry with livestock areas;
b) To amend point b of clause 1 of Article 9:
b) To develop regional plans and animal epidemics prevention plans, which
are integrated into provincial plans and organize the implementation of such plans; to
develop, issue and organize the implementation of animal epidemics prevention
schemes and of epidemics surveillance and control programs;
c) To amend clause 3 and clause 4 of Article 40 as follows:
3. The Minister of Agriculture and Rural Development issues requirements for
establishment of animal quarantine stations at transport hubs nationwide.
4. Provincial People's Committees shall decide on, based on the provisions of
Article 3 of this Article, the establishment and operation of animal and animal product
quarantine stations at transport hubs in the provinces.
d) To amend point b of clause 1 of Article 76:
“b) To direct the establishment of concentrated animal slaughtering network
and scheming for developing concentrated animal slaughtering;
đ) To amend, supplement point a of clause 2 of Article 76:
a) To collaborate with related divisions, departments, sectors to implement the
establishment of concentrated animal slaughtering facilities;
4. To amend Article 58 of Law on National Reserve, No.22/2012/QH13:
Article 58. Master plan for the national reserve warehouse system
1. The formulation of a master plan for the national reserve warehouse system
shall comply with the principles prescribed in the Law on Planning and ensure the
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The integration of such plans into national plans shall comply with the Law on
Planning.
“a) In line with the socio-economic development strategies, the national plans
and the national socio-economic development plans in each period; to abide by
Vietnamese laws and treaties of which the Socialist Republic of Vietnam is a
member;”;
This Law has been passed by the XIV National Assembly of the Socialist
Republic of Vietnam, at its 4th plenum on November 24th, 2017.
NATIONAL ASSEMBLY CHAIRPERSON
I INFRATRUCTURE
11. Press, radio, television, websites (electronic portals) and publishing facility
network development plan
17. Specialized education institution network for people with disabilities and
centers network for inclusive education Plan
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20. National plan on the rehabilitation establishments system for people with
meritorious services to the country
24. Plan on national defense works, military zones, ammunition storage and
defense industrial areas
33. Plan on exploration, mining, processing and utilization of the minerals for
construction material production
IV BIODIVERSITY CONSERVATION
6. Plan for areas free from harmful creatures Law on Plant Protection and
Quarantine No.41/2013/QH13
8. Flood prevention for diked river routes Plan Law on Dyke No.
79/2006/QH11
16. Tertiary education institutions network plan Law on Tertiary Education No.
08/2012/QH13
18. Border-gate plan; railway routes, station plan; Law on National Border
airport plan No.06/2003/QH11; Law on
Railway No.06/2017/QH14;
Law on Vietnam Civil Aviation
No.66/2006/QH11 which was
amended in the Law
amending and supplementing
a number of articles of the
Law on Vietnam Civil Aviation
No. 61/2014/QH13
19. Flight information region (FIR) plan The Vietnam Civil Aviation
Law No. 66/2006/QH11 which
was amended in the Law
amending and supplementing
a number of articles of the
Vietnam Civil Aviation Law
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No. 61/2014/QH13
24. Atomic energy development and application Law on Atomic Energy No.
plan 18/2008/QH12
49/2010/QH12
33. Detailed plan on national reserve warehouse Law on National Reserve No.
network 22/2012/QH13
34. Plan on national defense works and military Law on National Defense No.
zones 39/2005/QH11
37. Plan on disease-free facilities and zones for Law on Veterinary Medicine
animals No. 79/2015/QH13
ANNEX 3
LIST OF PLANNING RELATED LAWS, CODES OF LAW TO BE AMENDED
Law on Inland Clause 1 Article 3; Article 10; clause 3 Article 13; clause
2. Waterway Transport 4 Article 99; clause 2 Article 100
No.23/2004/QH11
which was amended
in the Law amending
and supplementing a
number of articles of
the Law on Inland
Waterway Transport
No. 48/2014/QH13
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Law on Natural Article 26; Article 27; Article 28; Article 29; Article 30;
8. Resources and Sea Article 31; Article 32
and Island
Environment No.
82/2015/QH13
Law on Land No. Article 35; clause 1 and clause 2 Article 38; clause 1
9. 45/2013/QH13 Article 39; clause 1 Article 40; Article 41; Article 42;
Article 43; Article 44; Article 45; Article 46; Article 48;
clause 1 Article 151
Law on Mineral No. Clause 1 and clause 3 Article 3; clause 1 Article 4;
10. 60/2010/QH12 Article 10; clause 1 Article 11; Article 12; Article 13;
Article 14; Article 15; clause 1 Article 26; point b clause
2 Article 40; point b clause 1 Article 47; point a clause 2
Article 53; point b clause 2 and clause 3 Article 80; point
c clause 1 Article 81
Law on Water Clause 2 Article 10; Article 11; point a clause 1 Article
11. Resources No. 14; Article 15, Article 16; Article 17; Article 18; Article
17/2012/QH13 20; Article 21; Article 22; Article 24; clause 3 Article 50;
point b clause 1 Article 55; point a and point b clause 2
Article 70
Law on Article 11
12. Hydrometeorology
No. 90/2015/QH13
Law on Electricity No. Article 8; Article 8a; Article 9; Article 10
13. 28/2004/QH11 which
was amended in the
Law amending a
number of articles of
the Law on Electricity
No. 24/2012/QH13
Law on Science and Article 10; clause 2 and clause 3 Article 67
14. Technology
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Law on Urban Planning Clause 2 Article 17; clause 1 Article 24; clause 1 Article
17. No. 30/2009/QH12 47; Article 53; Article 54; Article 55
Law on Public Notary Clause 1 Article 18; clause 1 Article 24; point b and
18. point c clause 2 Article 69; point b clause 1 Article 70
No. 53/2014/QH13
Law on Dike No. Article 12; Article 13; Article 14; Article 16; Article 17;
19. 79/2006/QH11 Article 18; Article 19
Law on Children No. Clause 2 Article 45; clause 1 and clause 2 Article 57
20. 102/2016/QH13
Law on Investment Clause 1 Article 20; Article 21
21. No. 67/2014/QH13
Law on Public Article 8; Article 9; Article 10; point d clause 2 Article 21;
22. Investment No. clause 2 Article 40; point b clause 2 Article 47
49/2014/QH13
Law on Pharmacy Point c clause 1 Article 10
23. No. 105/2016/QH13
Law on Economical Point b clause 1 and clause 2 Article 6
24. and Efficient Use of
Energy No.
50/2010/QH12
Law on Irrigation Clause 5 Article 11; Article 12; Article 13; Article 14;
25. No.08/2017/QH14 point b clause 1 Article 57