Procedures for decision on the national comprehensive planning, national marine spatial planning and national land use planning in Vietnam

Procedures for decision on the national comprehensive planning, national marine spatial planning and national land use planning in Vietnam (Internet image)

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

1. Application for decision or approval for planning in Vietnam

According to Article 35 of the Law on Planning 2017, an application for decision or approval for planning includes the following main documents:

- An application form;

- A planning report;

- Draft planning decision or approval;

- A consolidated report on opinions of the public, organizations and individuals on the planning, copies of written opinions of Relevant Ministries, ministerial authorities and local governments; response report.

- A strategic environmental assessment report;

- A planning appraisal report, copies of written opinions of experts, socio-professional organizations and other relevant organizations; a review prepared by the independent reviewer (if any);

- A response report;

- Planning diagrams, maps and database.

2. Procedures for decision on the national comprehensive planning, national marine spatial planning and national land use planning in Vietnam

According to Article 36 of the Law on Planning 2017, the procedures for decision on the national comprehensive planning, national marine spatial planning and national land use planning are as follows:

- Within 60 days before the opening date of the session of the National Assembly, the Government shall submit the application for decision on planning to the National Assembly's authority for inspection.

- The inspecting authority may request the Government and relevant organizations and individual to report issues concerning the contents of the planning. Organizations and individuals shall provide sufficient information and documents to serve the appraisal.

- The inspection shall focus on:

+ Conformity of the contents of the planning to the Communist Party’s policies; constitutionality, legitimacy and uniformity in the planning system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a signatory;

+ Conformity of the planning to the regulations specified in Section 2, Chapter II of the Law on Planning 2017;

+ Feasibility of the planning and conditions for ensuring resources and finance for planning implementation.

- The National Assembly shall consider and approve the resolution on national comprehensive planning, national marine spatial planning and national land use planning.

3. Authority to decide the national comprehensive planning, national marine spatial planning and national land use planning in Vietnam

According to Clause 1, Article 34 of the Law on Planning 2017, the National Assembly shall decide the national comprehensive planning, national marine spatial planning and national land use planning.

4. Contents of decision or approval for planning in Vietnam

According to Article 37 of the Law on Planning 2017, the contents of the decision or approval for planning are specified in Clause 2 Article 22, Clause 2 Article 23, Clause 2 Article 24, Clauses 3, 4, 5 and 6 Article 25, Clause 2 Article 26 and Clause 2 Article 27 of the Law on Planning 2017, depending on the type of planning.

To Quoc Trinh

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