Requirements on qualifications of planning consultancies in Vietnam

Requirements on qualifications of planning consultancies in Vietnam (Internet image)

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

1. Requirements on qualifications of planning consultancies in Vietnam

Requirements on qualifications of planning consultancies in Vietnam according to Article 4 of Decree 37/2019/ND-CP are as follows:

- A planning consultancy shall have at least 01 consultant satisfying the conditions specified in Clause 2 of this Article and at least 05 consultants satisfying the conditions specified in Clause 3 of this Article. The consultancy that gives advice on formulation of planning components or contents of the national sector planning or provincial planning shall have at least 01 consultant satisfying the conditions specified in Clause 3 of this Article.

- The consultant who is the head of a planning project must obtain at least a bachelor’s degree in the discipline related to the planning to be formulated, has presided over formulation of at least 01 planning whose level is the same as that of the planning to be formulated or has directly participated in formulating at least 02 plannings whose level is the same as that of the planning to be formulated.

In case the national planning is formulated in Vietnam for the first time, the consultant who is the head of the planning project must obtain at least a bachelor’s degree in the discipline related to the planning to be formulated and has presided over formulation of at least 02 regional plannings or planning tailored for inter-provincial river basins.

- The consultant who presided over formulation of planning components or contents of the national sector planning or provincial planning must obtain at least a bachelor’s degree in the discipline related to the planning components or contents to be formulated and has directly participated in formulating at least 02 plannings whose level is the same as that of the planning to be formulated.

In case the national planning is formulated in Vietnam for the first time, the consultant who presided over formulation of planning components or contents of the national planning or provincial planning must obtain at least a bachelor’s degree in the discipline related to the planning components or contents to be formulated and has directly participated in formulating at least 02 regional plannings or planning tailored for inter-provincial river basins.

2. Responsibilities of planning consultancies and planning component consultancies in Vietnam

Responsibilities of planning consultancies and planning component consultancies according to Article 14 of Decree 37/2019/ND-CP are as follows:

- A consultancy that gives advice on formulation of the national comprehensive planning, national marine spatial planning or regional planning shall:

+ be responsible to the law and planning authority for the number, time limit for production and quality of planning products;

+ cooperate with the authority formulating planning components and consultancy that gives advice on formulation of planning components during the formulation and integration of planning components into the planning to be formulated;

+ consider and propose rules and methods for integrating planning components into the planning to be formulated.

- A consultancy that gives advice on formulation of national land use planning shall:

+ be responsible to the law and planning authority for the number, time limit for production and quality of planning products;

+ cooperate with relevant organizations during formulation of planning.

- A consultancy that gives advice on formulation of national sector planning or provincial planning shall:

+ be responsible to the law and planning authority for the number, time limit for production and quality of planning products;

+ cooperate with relevant organizations during formulation of planning;

+ consider and propose rules and methods for integrating planning components into the national sector planning or provincial planning.

- A consultancy that gives advice on formulation of planning components shall:

+ be responsible to the law and authority organizing formulation of planning components for the number, time limit for production and quality of planning products;

+ cooperate with the authority formulating planning components in formulation of planning components;

+ cooperate with the planning consultancy in considering and proposing rules and methods for integrating planning components into the planning to be formulated.

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