Decree No. 56/2019/ND-CP dated June 24, 2019 elaboration concerning transport in the Law on Amendments concerning planning of 37 Laws

DECREE

ELABORATION OF SOME ARTICLES CONCERNING TRANSPORT IN THE LAW ON AMENDMENTS TO SOME ARTICLES CONCERNING PLANNING OF 37 LAWS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on amendments to some Articles concerning planning of 37 laws dated November 20, 2018;

At the request of the Minister of Transport;

The Government hereby promulgates a Decree to elaborate some Articles concerning transport in the Law on Amendments to some Articles concerning Planning of 37 Laws.

Chapter I

GENERAL

Article 1. Scope

This Decree elaborates formulation, appraisal, approval, announcement, implementation, assessment and adjustment of detailed planning specified in Clause Article 1, Clause 6 Article 2, Clause 10 Article 2, and Clause 2 Article 3 of the Law on Amendments to some Articles concerning Planning of 37 Laws.

Article 2. Regulated entities

This Decree applies to organizations and individuals involved in the formulation, appraisal, approval, announcement, implementation, assessment and adjustment of detailed planning in relation to transport (hereinafter referred to as “the planning”).

Article 3. Authority organizing formulation of planning and planning authority

1. The authority organizing formulation of planning is the Ministry of Transport.

2. The planning authority is a specialized agency affiliated to the Ministry of Transport and assigned to formulate to detailed planning in relation to transport.

Article 4. Qualification requirements to be satisfied by a planning consultancy

1. A planning consultancy shall have consultants that satisfy the requirements specified in Clauses 2 and 3 of this Article.

2. The consultant who is the head of a planning project must have experience of working as a head of a project on the planning at least at the same level, has presided over implementation of at least 02 plannings at a lower level or has directly participated in formulating at least 03 plannings in relation to the same field.

3. The consultant must obtain at least a bachelor’s degree in the field which is the same as that covered by the planning to be formulated, and have 03 years’ experience.

Article 5. Costs of planning activities

The costs of formulating, appraising, approving, announcing, assessing and adjusting the planning shall be provided by the budget for current expenses in accordance with regulations of the Law on State Budget or other legal sources of capital.

Chapter II

FORMULATION OF PLANNING

Section 1. ORGANIZATION OF PLANNING FORMUATION

Article 6. Responsibilities of the authority organizing formulation of planning

1. Decide to select a planning authority.

2. Appraise and approve planning tasks.

3. Seek opinions of relevant organizations and individuals.

4. Submit the planning to the Prime Minister for approval or decide to approve the planning within its competence.

Article 7. Responsibilities of the planning authority

1. Take charge and cooperate with relevant organizations determining and submitting planning tasks; submit applications for appraisal of planning tasks to relevant organizations.

2. Select a planning authority as prescribed.

3. Organize formulation of planning components according to the approved planning tasks.

4. Provide sufficient documents and facilities to the Appraisal Council and relevant authorities when contributing opinions, appraising and approving the planning.

Article 8. Responsibilities of the planning consultancy

1. Take responsibility for contents under the contract, including the quantity, time limit for production, accuracy and quality of planning products.

2. Cooperate with relevant authorities and individuals in the process of formulating the planning.

Article 9. Time limit for formulating planning

1. The time limit for determining planning tasks shall not exceed 03 months.

2. The time limit for formulating planning shall be based on the approved planning tasks.

3. The time limits specified in Clauses 1 and 2 of this Article shall not cover the periods of time the planning tasks are appraised and approved, and the planning is appraised and approved.

Section 2. PLANNING TASKS

Article 10. Determination of planning tasks

1. Grounds for determining planning tasks:

a) National sector planning, regional planning and provincial planning concerned;

b) Relevant legislative documents;

c) Reports on review and assessment of implementation of the planning in the previous period.

2. Contents of planning tasks:

a) Grounds for formulating the planning;

b) Viewpoints and objectives for formulating the planning;

c) Scope, subjects and period of the planning;

d) Key tasks of the planning;

dd) Forecasting of prospects and demands for development during the planning period;

e) Requirements for planning contents and methods;

g) Requirements and tasks of strategic environmental assessment;

h) Requirements for planning products (composition, quantity, standards and format of planning documentation);

i) Time limit for planning formulation and planning formulation plans, and responsibilities of authorities for organizing formulation of planning;

k) Planning cost estimate.

Article 11. Organizing appraisal of planning tasks

1. The authority organizing formulation of planning shall organize appraisal of planning tasks by establishing an Appraisal Council or assigning a competent unit to carry out appraisal.

2. An application for appraisal of planning tasks includes:

a) An application form;

b) A description of planning tasks;

c) Other documents (if any).

3. The following issues need appraising:

a) Conformity of legal bases;

b) Conformity, scientism and reliability of planning contents and planning formulation method;

c) Conformity of planning tasks with the estimate of costs and capital sources for planning formulation;

d) Feasibility of the planning formulation plan.

4. The time limit for appraising planning tasks shall not exceed 45 days from date on which the Appraisal Council or competent unit receives the satisfactory application.

5. Planning task appraisal report:

a) A planning task appraisal report shall specify the issues mentioned in Clause 3 of this Article;

b) Within 10 days from the end of the appraisal, the Appraisal Council or relevant unit shall submit a planning task appraisal report to the planning authority;

c) Within 15 days from the receipt of the report, the planning authority shall consider and respond to appraisal opinions to modify and complete the application for appraisal of planning tasks.

Article 12. Approval for planning tasks

1. An application for approval for planning tasks includes:

a) An application form;

b) A draft Decision on approval for planning tasks;

c) A planning task appraisal report;

d) A report on response to Appraisal Council’s opinions (if any) about contents of planning tasks;

dd) A description of the modified and completed planning tasks;

e) Other documents (if any).

2. The Decision on approval for planning tasks shall contain at least:

a) Name, period, scope and subjects of the planning;

b) Viewpoints, objectives and rules for formulating the planning;

c) Requirements for planning contents and planning formulation method;

d) Time limit for formulating planning;

dd) Quantity, standards and format of planning documentation;

e) Planning costs;

g) Responsibility for resolving issues that arise from the formulation of planning;

h) Other contents requested by the authority approving the planning tasks.

Section 3. CONTENTS OF THE PLANNING AND SEEK OPINIONS ABOUT THE PLANNING

Article 13. Contents of the planning

1. Main contents of road traffic infrastructure planning, detailed planning for a cluster of seaports, ports, wharves, mooring buoys and dedicated waters, detailed planning for development of seaport land and waters and planning for development of inland port system and railway line and railway station planning are specified in Clause 2 Article 1, Clauses 6 and 10 Article 2, and Clause 2 Article 3 of the Law on Amendments to some Articles concerning Planning of 37 Laws.

2. The authority organizing formulation of the planning shall, according to the nature and requirements of the planning, define the scope, subjects and detailed contents of the planning mentioned in Clause 1 of this Article and include relevant works in the planning tasks.

Article 14. Seeking opinions about planning

1. The enquired entities include ministries and People’s Committees of provinces concerned. The authority organizing formulation of the planning shall, according to the nature and requirements of the planning, shall decide to seek opinions of organizations and individuals or post the draft planning on its website and website of the planning authority.

2. Opinions of ministries, People’s Committees of provinces and organizations related to the planning shall be sought as follows:

a) The authority organizing formulation of the planning shall send an enquiry, including a planning report or a map that shows contents of the planning;

b) The enquired authorities shall give a written response within 15 days from the receipt of the enquiry;

c) The planning authority shall consolidate and respond to opinions, and notify the authority organizing formulation of the planning for consideration before submitting the planning for appraisal.

Chapter III

APPRAISAL, APPROVAL AND ANNOUNCEMEMENT OF THE PLANNING

Section 1. APPRAISAL OF THE PLANNING

Article 15. The power to appraise the planning

The authority organizing formulation of the planning shall establish an Appraisal Council to carry out appraisal.

Article 16. Planning Appraisal Council

1. The Planning Appraisal Council includes a Chair and members. The Chair is a head of the Ministry of Transport. The members are representatives of relevant ministries and local authorities within the scope of the planning, representatives of the planning authority and some affiliates of the Ministry of Transport, and planning experts (if necessary), including 02 members who act as reviewers.

Structure and composition of the Planning Appraisal Council and organizations and individuals participating in review shall be decided by the authority organizing formulation of the planning or the Chair. The Planning Appraisal Council shall operate on a collective basis.

2. The Chair has the following responsibilities and rights:

a) Take responsibility for operation of the Planning Appraisal Council. Organize and preside over meetings of Planning Appraisal Council;

b) Assign tasks to members of the Planning Appraisal Council;

c) Approve reports on results of planning appraisal;

d) Decide to select inspection consultancies and reviewers.

3. The members have the following responsibilities and rights:

a) Attend all Planning Appraisal Council’s meetings;

b) Consider applications for appraisal of planning, contribute their opinions at Planning Appraisal Council’s meetings about specialized field and common issues;

c) Be entitled to have their opinions recorded.

4. Organizations and individuals participating in reviewer have the following responsibilities and rights:

a) Attend all Planning Appraisal Council’s meetings;

b) Consider applications for appraisal of planning and send their written opinions to the Council for consolidation;

c) Be entitled to remuneration according to regulations.

Article 17. Applications for appraisal of the planning

1. An application for appraisal of the planning includes:

a) An application form;

b) A planning report;

c) A draft decision on approval for the planning;

d) A consolidated report on organizations and individuals’ opinions about the planning; copies of written opinions of Ministries, authorities and local authorities concerned; a report on responses to opinions about the planning;

dd) A strategic environmental assessment report;

e) Planning map, diagram and data.

2. The Planning Appraisal Council shall carry out appraisal only when a satisfactory application specified in Clause 1 of this Article is received. Where necessary, the Planning Appraisal Council is entitled to request the planning authority to provide additional information and provide explanation for relevant contents.

Article 18. Seeking opinions during planning appraisal

1. Within 10 working days from the receipt of the application for appraisal of planning, if the application is satisfactory, the Planning Appraisal Council shall send enquiries to its members.

2. Within 15 working days from the receipt of the application for appraisal of planning, the members shall send their written opinions to the Planning Appraisal Council’s standing body for consolidation.

3. Where necessary, the Planning Appraisal Council shall seek opinions of experts, socio-professional organizations and other organizations concerned; decide to select an independent inspection consultancy to review one or some contents of the planning.

Within 30 working days from the receipt of the application for appraisal of planning, the reviewers shall send their written opinions to the Planning Appraisal Council’s standing body for consolidation.

Article 19. Planning appraisal meetings

1. Within 15 working days from the receipt of opinions contributed by members of the Planning Appraisal Council, the Planning Appraisal Council shall consolidate and send such opinions to the Chair for organization of a meeting.

2. A planning appraisal meeting shall be held if it is attended by:

a) at least two thirds (2/3) of Planning Appraisal Council’s members;

b) representatives of the authority organizing formulation of the planning, planning authority and planning consultancy.

3. The Planning Appraisal Council shall operate on a collective basis, discuss openly and make decisions according to majority rule and approve minutes of planning appraisal meetings.

4. The planning approved by at least three quarters (3/4) of the members attending the meeting is eligible to be submitted for decision or approval.

Article 20. Instructions following a planning appraisal meeting

1. If the planning is eligible to be submitted for decision or approval and no revision is required, within 15 working days from the end of the planning appraisal meeting, the Chair of the Planning Appraisal Council shall approve the report on results of planning appraisal and send it to the planning authority for completing the application for approval for the planning.

2. If the planning is eligible to be submitted for approval but revisions are required:

a) within 10 working days from the end of the planning appraisal meeting, the Planning Appraisal Council shall send the conclusion to the planning authority;

b) within 20 working days, the planning authority shall revise the planning according to the conclusion and send the revised planning, enclosed with a written representation of responses to the Planning Appraisal Council’s opinions to the Planning Appraisal Council;

c) the Planning Appraisal Council shall receive the revised planning project dossier, review the revisions and send the dossier to members of the Council (if necessary) for seeking opinions;

d) If the planning is eligible to be submitted for approval, the Planning Appraisal Council shall prepare a planning appraisal report and submit it to the Chair for approval, and to the planning authority for completing the application for approval for the planning;

dd) If the planning fails to be revised as requested by the Planning Appraisal Council, the Planning Appraisal Council shall issue a document providing guidance on the revision to the planning authority within 10 working days from receipt of the revised planning documentation.

3. If the planning is ineligible to be submitted for approval, within 10 working days from the end of the planning appraisal meeting, the Planning Appraisal Council shall send its conclusion to the planning authority.

Section 2. APPROVAL AND ANNOUNCEMEMENT OF THE PLANNING

Article 21. Submission and approval of the planning

1. The power to approve the planning is specified in Clause 2 Article 1, Clauses 5, 6 and 10 Article 2, Clause 2 Article 3 of the Law on Amendments to some Articles concerning planning of 37 Laws.

2. An application for approval for the planning includes:

a) An application form;

b) Consolidated and brief reports on the completed planning;

c) A report on results of planning appraisal; strategic environmental assessment report;

d) A draft decision on approval for the planning;

dd) Other documents (if any).

3. The planning shall be approved by issuing an approval decision.

4. The issues that need approving are those specified in Clause 2 Article 1, Clause 6 Article 2, Clause 10 Article 2, and Clause 2 Article 3 of the Law on Amendments to some Articles concerning planning of 37 Laws.

Article 22. Announcement of the planning

1. Time for announcing the planning is prescribed in the law on planning, except for contents related to state secrets in accordance with the protection of state secrets.

2. The Ministry of Transport and planning authority shall announce the planning within their competence.

3. The planning shall be announced on mass media using one of the following methods:

a) Organizing a press conference to announce planning contents and written approval for the planning;

b) Announcing the approved planning and list of prioritized projects executed during the planning period on the national or provincial radio/television; posting brief contents of the planning on one or some of newspapers of a central government authority or local authority;

c) Publicly presenting planning diagram, map and written approval for the planning at the authority organizing formulation of planning or planning authority;

d) Organizing a conference to disseminate contents of the approved planning;

dd) Releasing publications (books, videos, etc.) about the planning contents;

e) Posting the planning on website of the authority organizing formulation of planning or planning authority.

Chapter IV

ORGANIZING IMPLEMENTATION, ASSESSMENT AND ADJUSTMENT OF THE PLANNING

Article 23. Organizing implementation of the planning

The implementation of the planning shall be organized within the jurisdiction specified in the competent authority’s decision on approval for the planning.

Article 24. Assessment and review of implementation of the planning

1. The implementation of the planning shall be assessed in planning period, upon adjustment of the planning or at the request of the authority organizing formulation of the planning.

2. Issues that need assessing include:

a) Fulfillment of objectives of the planning;

b) Effects related to socio - economic development, national defense and security within the area where the planning is implemented;

c) Execution of prioritized projects during the planning period, in terms of: list of, plan for and progress in funding investment projects (funded by different sources) that have been executed; list of projects that have been put into operation and economic, social and environmental effectiveness they achieve; list of prioritized projects during the planning period, which have not yet been executed, reasons for failure to execute and difficulties that arise;

d) Policies and solutions for organizing implementation of the planning.

3. The planning shall be reviewed every 05 years or in special cases decided by the authority approving the planning so that it can be adjusted in a manner that is appropriate to the socio - economic development in each period. The planning authority shall organize review of the planning; results of planning review shall be reported in writing to the authority approving the planning.

Article 25. Adjustment of the planning

1. Adjustments to the mineral planning shall be made if one of the following bases is available:

a) Adjustments to the national planning, planning at a higher level or planning at the same level change the objectives of the planning;

b) There is any change to input factors included in initial planning tasks such as demands for transport, socio - economic development, etc.;

c) Effects of natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning;

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

dd) The efficiency achieved by making adjustments to the planning is higher than that achieved by implementing the first planning scheme or the reasonableness or efficiency is found during the detailed study of the planning or there are issues or proposals with higher efficiency that arise when studying a project during the implementation of the planning;

e) Assurance of nation defense and security is required; the development of science and technology considerably changes the implementation of the planning.

2. Partial adjustments to the planning shall be made if one of the following bases is available:

a) Major works whose land use area or capacity is increased or reduced by less than 25% of the total area of land used for or capacity of the planning;

b) Route-based works whose land use area is increased or reduced by less than 15% but the total length is increased or decreased by less than 15%;

c) Partial adjustments are made to contents of the planning but do not affect the objectives, viewpoints, development orientations and solutions for implementation of the approved planning and uniformity of the planning is ensured within a region.

Article 26. Procedures for adjusting the planning

1. Procedures for adjusting planning are the same as those for formulating, appraising, approving, announcing and providing information about the planning as prescribed in this Decree.

2. Procedures for making partial adjustments:

a) The Ministry of Transport shall assign a planning authority to make partial adjustments and submit a report on partial adjustments to the planning.

b) The Ministry of Transport shall carry out review and seek opinions of relevant ministries and local authorities.

c) A competent authority is requested to approve partial adjustments to the planning.

3. The authority that has the power to approve the planning also has the power to approve adjustments to the planning.

4. The planning authority shall make adjustments to the planning.

Chapter V

IMPLEMENTATION CLAUSE

Article 27. Transition clauses

1. The approved transport-related planning whose scope and scale are equivalent to those of the detailed planning in accordance with regulations of this Decree shall be implemented and adjusted until the detailed planning is formulated, appraised and approved as prescribed in this Decree.

2. The detailed planning in relation to transport shall be formulated, appraised and approved as prescribed in this Decree.

Article 28. Effect

This Decree comes into force from the date on which it is signed.

Article 29. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Decree./.