Amendments to time limit for formulating planning from 12/8/2023 in Vietnam

Amendments to time limit for formulating planning from 12/8/2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On August 12, 2023, the Government of Vietnam issued Decree 58/2023/ND-CP amending a number of articles of Decree 37/2019/ND-CP detailing a number of articles of the Law on Planning.

1. Amendments to time limit for formulating planning from 12/8/2023 in Vietnam

Specifically, the time limit for formulating planning from August 12, 2023 in Vietnam is as follows:

- 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.

- 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.

- 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.

2. Basic principles of planning in Vietnam

Basic principles of planning in Vietnam include:

- Comply with regulations of this Law, other relevant regulations of law and international treaties to which the Socialist Republic of Vietnam is a signatory.

- Ensure uniformity between the planning and the socio-economic development strategy and plan, ensure the combination of the sector management and territorial management; ensure national defense and security; protect the environment.

- Ensure compliance, continuity, inheritance, stability and hierarchy in the national planning system.

- Ensure participation of the people, the public, other organizations and individuals; ensure harmony of national interests, interests of regions and areas and the people with an emphasis on national interests; ensure gender equality.

- Ensure scientism, application of modern technology, interconnection, forecast, feasibility, economization and effective use of national resources; ensure objectivity, publicity, transparency and conservation.

- Ensure independence between the planning authority and planning appraisal council.

- Provide resources to implement planning.

- Ensure uniform state management of plannin

(Article 4 of the Law on Planning 2017)

3. Prohibited acts in planning activities in Vietnam

Organizations and individuals are strictly prohibited from performing the following acts in planning activities:

- Formulating, appraising, deciding or approving, and adjusting planning inconsistent with regulations of this Law and relevant regulations of law.

- Formulating, appraising, deciding or approving, and adjusting planning for investment in and development of specific goods, services and products, determination of the volume of goods, services and products that are produced and sold.

- Selecting the planning consultancy and independent reviewers that fail to satisfy qualification requirements suitable for their assigned tasks or in contravention of law.

- Obstructing the public, other organizations and individuals in offering opinions.

- Not announcing, delaying, inadequately announcing planning or refusing to provide information on planning, except for information classified as state secret; deliberately announcing wrong planning; deliberately providing false information on planning; destroying, forging or falsifying documents.

- Failure to implement the decided or approved planning.

- Illegally interfering in or obstructing planning.

(Article 13 of the Law on Planning 2017)

More details can be found in Decree 58/2023/ND-CP taking effect as of 12/8/2023.

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