Procedures and authority to adjust planning in Vietnam

Procedures and authority to adjust planning in Vietnam (Internet image)

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

1. Principles of planning adjustment in Vietnam

According to Article 51 of the Law on Planning 2017, the authority that has the power to decide or approve the planning has the power to decide or approve the adjustment to the planning.

- The authority that has the power to organize planning formulation shall organize the implementation of the plan for adjustments to the planning.

- The adjustment shall not change the objectives of the planning, except for the cases specified in Clauses 1, 3 and 4, Article 53 of the Law on Planning 2017.

2. Regulations on review of planning in Vietnam

Pursuant to Article 52 of the Law on Planning 2017, regulations on review of planning in Vietnam are as follows:

- The planning shall be reviewed every five years so that adjustments can be made in conformity with the socio-economic development during each period.

- The authority organizing formulation of the planning shall organize the review of the planning.

-. A report on review results shall be submitted to the authority that has the power to decide or approve the planning.

3. Bases for adjustments to planning in Vietnam

According to Article 53 of the Law on Planning 2017, adjustments to planning shall be made if one of the following bases is available:

- Adjustments to the objectives of the socio-economic development strategy and field and sector development strategy change the objectives of the planning;

- Adjustments to the planning at a higher level change contents of the planning or the plannings at the same level are inconsistent with each other;

- Changes or adjustments to administrative division affect the nature and scale of space of the planning;

- Effects of natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning.

- Random fluctuations of the socio-economic situation limit the resources for planning implementation;

- Development of science and technology considerably changes the planning implementation;

- Assurance of nation defense and security is required.

4. Procedures for and power of adjustment to planning in Vietnam

Article 54 of the Law on Planning 2017 stipulates the procedures for and power of adjustment to planning in Vietnam as follows:

- The Government shall submit the guidelines for adjustments to the national comprehensive planning, national marine spatial planning and national land use planning to the National Assembly.

Ministries and ministerial authorities shall submit the guidelines for adjustments to the national sector planning within their power to the Prime Minister for approval.

The Ministry of Planning and Investment shall submit the guidelines for adjustments to the regional planning to the Prime Minister for approval.

The People’s Committees of the provinces shall submit the guidelines for adjustments to the provincial planning to the Prime Minister for approval.

- Procedures for adjustments, announcement and provision of information on adjustments to planning are the same as those for formulation, appraisal, decision or approval, announcement and provision of planning information that are specified in Chapter II and Chapter III of the Law on Planning 2017.

- The authority organizing formulation of the planning shall update and specify adjusted contents in the planning.

5. Regulations on the contents of assessment of planning implementation in Vietnam

Article 50 of the Law on Planning 2017 stipulates the contents of assessment of planning implementation in Vietnam as follows:

- Consolidation, analysis and assessment of the implementation and implementation results; assessment of the extent of accomplishment compared to the planning or the previous period’s extent of accomplishment.

- Factors and reasons affecting the implementation and implementation results; proposed solutions for improvement of effectiveness in planning during the planning period and the next planning period; request for adjustments to the planning (if any).

To Quoc Trinh

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