What are the supplemented regulations on resources for supporting planning activities in Vietnam according to the provisions of Decree 58/2023/ND-CP?
What are the supplemented regulations on resources for supporting planning activities in Vietnam?
On August 12, 2023, the Government issued Decree 58/2023/ND-CP on amendments to some Articles of the Government’s Decree 37/2019/ND-CP.
In particular, there is content to supplement resources to support planning activities.
Accordingly, Decree 58/2023/ND-CP added Article 3a to Article 3 on resources for supporting planning activities as follows:
- Resources for supporting planning activities allocated by domestic and foreign organizations and individuals are composed of funding and research findings given by agencies, organizations and experts (including voluntary experts), prizes given to organizations and individuals whose planning ideas are selected as a result of the planning idea contest organized by the planning authority (if any); inputs intended for organizing conferences, seminars, coaching courses, research, survey and training, and shall be received, managed and used as follows:
+ Resources for supporting planning activities allocated by domestic and foreign organizations and individuals shall be received, managed and used under regulations of law on management and use of official development assistance (ODA), concessional loans and grants other than ODA grants, which are given by foreign agencies, organizations and individuals to Vietnam.
+ Resources for supporting planning activities funded by domestic agencies, organizations and individuals shall be received, managed and used under regulations of law on state budget.
+ Resources for supporting planning activities allocated in the form of research findings of agencies, organizations and experts; prizes given to organizations and individuals whose planning ideas are selected as a result of the planning idea contest organized by the planning authority (if any); inputs intended for organizing conferences, seminars, coaching courses, research, survey and training shall be received, managed and used under regulations of law on planning and other relevant laws.
- Rules for supporting and using resources for supporting planning activities allocated by domestic and foreign organizations and individuals
+ Ensure objectivity, publicness and transparency; fulfill correct targets and purposes; achieve economy and efficiency;
+ Ensure voluntariness; act in common interests of the community and society and not for personal gain;
+ Do not receive the resources allocated by domestic and foreign organizations and individuals with a view to formulation and appraisal of planning tasks.
- Ministries, ministerial agencies, People’s Committees of provinces and central-affiliated cities and agencies concerned shall decide or request competent authorities to decide to receive resources for supporting planning activities from domestic organizations and individuals as prescribed by law.
- Every agency receiving, managing and using resources for supporting planning activities allocated by domestic and foreign organizations and individuals shall assume responsibility for managing and using the resources in accordance with regulations of law on planning and other relevant laws.
- Planning contents and the formulation, appraisal, decision or approval, announcement, assessment and adjustment of planning in the case of using resources for supporting planning activities allocated by domestic and foreign organizations and individuals shall conform to the planning tasks approved by the competent authority and comply with regulations of law on planning.
- Resources for supporting urban and rural planning allocated by domestic and foreign organizations and individuals shall be received, managed and used in accordance with regulations of law on urban planning and law on construction
What are the supplemented regulations on resources for supporting planning activities in Vietnam according to the provisions of Decree 58/2023/ND-CP? (Image from the Internet)
What is the time limit for formulating planning in Vietnam amended in Decree 58/2023/ND-CP?
In Clause 9, Article 1 of Decree 58/2023/ND-CP amending Article 17 of Decree 37/2019/ND-CP on planning deadlines as follows:
Time limit for formulating planning
1. The time limit for formulating the national comprehensive planning, national marine spatial planning, national land use planning or regional planning is no more than 36 months from the date on which the planning tasks are approved, including 20 months within which components of the national comprehensive planning, national marine spatial planning or regional planning are formulated.
2. The time limit for formulating national sector planning or provincial planning is no more than 30 months from the date on which the planning tasks are approved.
3. If the time limit for formulating planning needs extending, the authority competent to approve planning tasks shall decide to extend it up to 12 months on the basis of the reports submitted by Ministries, ministerial agencies and provincial People’s Committees.
Accordingly, the old regulations are stipulated in Article 17 of Decree 37/2019/ND-CP on planning deadlines as follows:
1. The time limit for formulating the national comprehensive planning, national marine spatial planning, national land use planning or regional planning is no more than 30 months from the date on which the planning tasks are approved, including 18 months within which components of the national comprehensive planning, national marine spatial planning or regional planning are formulated.
2. The time limit for formulating national sector planning or provincial planning is no more than 24 months from the date on which the planning tasks are approved.
Thus, compared to the old regulations, the time limit for preparing planning components has been increased to no more than 20 months for national master plans, national marine spatial plans, and regional plans. The time limit for preparing national sector planning and provincial planning has also been increased to no more than 30 months from the date the planning task is approved.
In addition, Decree 58/2023/ND-CP supplements that if the time limit for formulating planning needs extending, the authority competent to approve planning tasks shall decide to extend it up to 12 months on the basis of the reports submitted by Ministries, ministerial agencies and provincial People’s Committees..
What are the contents and techniques for displaying planning diagrams and maps in Vietnam?
In Clause 11, Article 1 of Decree 58/2023/ND-CP, Article 28a is added after Article 28 of Decree 37/2019/ND-CP as follows:
- Diagrams and maps of national planning, regional planning and provincial planning shall specify contents of the planning and be made on the basis of the national topographic maps on the scale corresponding to the scale of the planning diagrams and maps.
- The Minister of Planning and Investment shall provide guidance on requirements for contents and techniques for displaying diagrams and maps of national planning, regional planning and provincial planning; provide guidance on general technical requirements for diagrams and maps of national marine spatial planning, national land use planning and national sector planning.
- The Minister of Natural Resources and Environment shall provide guidance on requirements for contents and techniques for displaying diagrams and maps of national marine spatial planning and national land use planning.
- Other Ministers shall, where necessary, provide guidance on requirements for contents and techniques for display and criteria concerning quality of diagrams and maps of national sector planning within the scope of their management
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