Vietnam’s additional procedure for preparing national sector planning

Vietnam’s additional procedure for preparing national sector planning
Lê Trương Quốc Đạt

This is a content of Decree No. 58/2023/ND-CP dated August 12, 2023 on amendments to Decree No. 37/2019/ND-CP guiding the Law on Planning.

Vietnam’s additional procedure for preparing national sector planning

Decree No. 58/2023/ND-CP has added Article 7a on the procedure for preparing national sector planning as follows:

- National sector planning shall be prepared under the procedure prescribed in Clause 2 Article 16 of the Law on Planning.

- Strategic environmental assessment for national sector planning shall be performed under regulations prescribed in Clauses 1, 3, 4, 5, and 6 of Article 26 of the Law on Environmental Protection. Planning authorities shall collect written suggestions from the Ministry of Natural Resources and Environment of Vietnam while collecting suggestions on the planning. The Ministry of Natural Resources and Environment shall provide written answers, including the contents of the planning and strategic environmental assessment reports on the planning.

- National sector planning authorities shall select consulting organizations for strategic environmental assessment regarding planning subject to such assessment.

Additional procedure for preparing regional planning

The procedure for preparing regional planning according to Article 7b of Decree No. 37/2019/ND-CP (amended by Decree No. 58/2023/ND-CP) is as follows:

- Regional planning shall be prepared under regulations prescribed in Clause 3 Article 16 of the Law on Planning.

- Regional planning component appraisal:

+ Authorities organizing the formulation of planning components shall establish Appraisal Councils for planning components. Appraisal Councils shall operate under principles of collective, public discussion, and majority vote for approving planning components. Composition and operational regulations of Appraisal Councils shall be decided by authorities organizing the formulation of planning components;

+ Contents of the appraisal of planning components include the compatibility with planning preparation tasks and compliance with laws on planning and relevant laws;

+ Planning component appraisal reports shall specify suggestions of Appraisal Councils for planning components on planning appraisal contents prescribed in Point b Clause 2 Article 7b of Decree No. 58/2023/ND-CP and conclusions on eligible or ineligible planning components for submission to regional planning authorities and planning component authorities for acknowledgment, explanation, and completion of such components;

+ Authorities organizing the formulation of planning components shall submit appraisal reports and planning component reports that have been acknowledged and completed according to suggestions of Appraisal Councils for planning components.

- Strategic environmental assessment for regional planning shall be performed under regulations prescribed in Clauses 1, 3, 4, 5, and 6 of Article 26 of the Law on Environmental Protection. Planning authorities shall collect written suggestions from the Ministry of Natural Resources and Environment of Vietnam while collecting suggestions on the planning. The Ministry of Natural Resources and Environment shall provide written answers, including the contents of the planning and strategic environmental assessment reports on the planning.

- Regional planning authorities shall select consulting organizations for strategic environmental assessment.

See more details in Decree No. 58/2023/ND-CP of the Government of Vietnam, effective as of August 12, 2023.

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