Promulgation of the Law amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024 in Vietnam
Promulgation of the Law amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024 in Vietnam
On November 29, 2024, the National Assembly passed the Law Amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024 (Law No. 57/2024/QH15).
The Law Amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024 revises and supplements certain articles of the following laws:
- Law on Public-Private Partnership Investment 2020
Additionally, the Law Amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024 abolishes Articles 39 and 40 of the Capital Law 2024.
The Law Amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024 takes effect from January 15, 2025, except in the following cases:
- The implementation of BT contracts paid by land funds and BT contracts paid by state budget as stipulated in point b, clause 12, Article 3 of the Amending Law takes effect from July 1, 2025.
- Provisions at point a, clause 19 and clause 20 of Article 1; clause 2 of Article 2; points b, c, and d of clause 11, Article 2 of the Amending Law take effect from July 1, 2025.
Promulgation of the Law amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024 in Vietnam (Image from the Internet)
What are principles for the adjustment of planning in Vietnam?
Based on Article 51 of the Law on Planning 2017 (amended by clause 15, Article 1 of the Law Amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024) on the principles for planning adjustments:
Article 51. Principles for Planning Adjustment
- Planning is adjusted according to the sequence and procedures stipulated in Article 54 of this Law when any of the grounds specified in Article 53 arise.
- The authority that decides or approves the planning has the authority to decide or approve the planning adjustment, except in the cases specified in points b and c, clause 6, Article 54a of this Law.
- The authority responsible for organizing the preparation of the planning is responsible for organizing the preparation of the planning adjustment.
- Planning adjustments shall not change the objectives of the planning, except in the cases specified in clauses 1, 2, 3, and 4 of Article 53 of this Law.
Thus, planning adjustment follows the principles below:
[1] Planning is adjusted according to the sequence and procedures stipulated in Article 54 of the Law on Planning 2017 when any of the following grounds arise:
- Adjustment of the objectives of socioeconomic development strategy, sector development strategy changes the objectives of the planning
- Adjustment of higher-level planning changes the content of the planning, or conflicts with the same-level planning
- Administrative boundary changes affecting the characteristics, territorial spatial scale of the planning
- Impact of natural disasters, climate change, war changes the objectives, orientations, and territorial spatial organization of the planning
- Unusual fluctuations in the socioeconomic situation limiting resources for planning implementation
- Scientific and technological advancements fundamentally change planning implementation
- Defense and security assurance requirements
[2] The authority that decides or approves the planning has the authority to decide or approve the planning adjustment, except as specified in points b and c, clause 6, Article 54a of the Law on Planning 2017.
[3] The authority responsible for organizing the preparation of the planning is responsible for organizing the preparation of the planning adjustment.
[4] Planning adjustments shall not change the objectives of the planning, except in the following cases:
- Adjustment of the objectives of socioeconomic development strategy, sector development strategy changes the objectives of the planning
- Adjustment of higher-level planning changes the content of the planning, or conflicts with the same-level planning
- Administrative boundary changes affecting the characteristics, territorial spatial scale of the planning
- Impact of natural disasters, climate change, war changes the objectives, orientations, and territorial spatial organization of the planning
What are the main contents of the implementation plan for planning?
According to Article 45 of the Law on Planning 2017 (amended by clause 12, Article 1 of the Law Amending the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment, and the Law on Bidding in 2024), the implementation plan for planning must comply with the written decision or approval of the planning and include the following main contents:
- Public investment projects
- Investment projects using non-public investment capital
- Identification of resources and use of resources for planning implementation.
