Processes for formulation of an economic-defence zone construction plan in Vietnam

Processes for formulation of an economic-defence zone construction plan in Vietnam (Internet image) 

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

1. Processes for formulation of an economic-defence zone construction plan in Vietnam

According to Article 14 of Decree 22/2021/ND-CP, based on the tasks and costing of formulation of the approved economic-defense zone construction plan, the military zone, military service and army corps shall direct an economic-defense delegation to:

- Select a consulting body meeting the requirements set out in clause 3 of Article 12 herein; analyze, assess and forecast developmental factors, conditions, resources and scenarios; assess the current socio-economic development situations, national defence and security developments and recommend guidelines, goals and objectives of developmental priority.

- Agree with People's Committees at all levels on the location and size of each project to ensure consistency and efficiency in accordance with each local general planning.

- Complete the plan to build an economic-defense zone, and send it to the People's Committee of district and province to seek its comments according to regulations.

- Receive and respond to opinions of each locality, complete the plan and report it to the Ministry of National Defense for its review.

- Finalize the plan so that the military zone, military service or army corps presents it to the Ministry of National Defense to seek its approval.

2. Requirements concerning contents of an economic-defence zone construction plan in Vietnam

 Requirements concerning contents of an economic-defence zone construction plan according to Article 15 of Decree 22/2021/ND-CP are as follows:

- Match the economic-defense zone planning component in the national master plan, national marine spatial plan or regional plan approved by competent authorities; fit into the local socio-economic development and other relevant plan; ensure national defense and security at border lines and defensive areas.

- If the economic - defense zone is located on sea or islands: In addition to meeting the requirements specified in Clause 1 of this Article, the plan for construction of the economic-defense zone on sea or islands must be in line with the Vietnam Strategy for Sustainable Marine Economic Development, the marine spatial plan or the national and socio-economic development plan, ensuring national defense and security on sea and islands.

- The plan for construction of an economic-defense zone is determined on the basis of the regional defense plan, the plan for organization and stabilization of population, goals of sustainable poverty reduction, strengthening of health, cultural and spiritual life of people in the economic-defense zone.

3. Regulations on revision of an economic-defence zone construction plan in Vietnam

Regulations on revision of an economic-defence zone construction plan according to Article 17 of Decree 22/2021/ND-CP are as follows:

- Bases:

+ Economic-defence zone planning component is revised;

+ The national master plan, the national marine spatial plan, the regional plan, the provincial plan, the sectoral plan or other relevant plan is revised;

+ Subject to national defence and security requirements.

- Revision processes and procedures:

+ When there are grounds specified in Clause 1 of this Article, an economic-defense delegation shall report to the High Command of the military zone, military service or army corps on the revised contents of the plan for construction of an economic-defense zone;

+ The High Command of the military zone, military service or army corps shall agree with the relevant provincial People's Committee on the revised contents of the economic-defense zone construction plan;

+ The commander of the military zone, military service or army corps shall report to the Minister of National Defense on such revision.

- Application package for revision of the plan, including:

+ Application form for revision of the plan;

+ Explanatory report on revision plans;

+ Thematic plan reports and appendices.

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