THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 41/2019/ND-CP | Hanoi, May 15, 2019 |
DECREE
ELABORATING FORMULATION, APPRAISAL, APPROVAL, ANNOUNCEMENT, IMPLEMENTATION, ASSESSMENT AND ADJUSTMENT OF ATOMIC ENERGY DEVELOPMENT AND APPLICATION PLANNING
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Atomic Energy dated June 03, 2008;
Pursuant to the Law on Planning dated November 24, 2017;
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 Science and Technology;
The Government hereby promulgates a Decree to elaborate formulation, appraisal, approval, announcement, implementation, assessment and adjustment of atomic energy development and application planning.
Chapter I
GENERAL
Article 1. Scope
This Decree elaborates formulation, appraisal, approval, announcement, implementation, assessment and adjustment of the atomic energy development and application planning
Article 2. Regulated entities
This Decree applies to organizations and individuals involved in the formulation, appraisal, approval, announcement, implementation, assessment and adjustment of the atomic energy development and application planning, and other relevant organizations and individuals.
Article 3. Contents and components of atomic energy development and application planning
1. Contents of the atomic energy development and application planning (hereinafter referred to as “the planning”) are specified in Clause 2 Article 13 of the Law on Atomic Energy amended by Article 15 of the Law on amendments to some Articles concerning planning of 37 laws.
Solutions and resources for implementing the planning shall contain at least: completion of the organization and management system; establishment and completion of legal system, mechanisms and policies; human resource development; development of scientific and technological potential; safety and security assurance; increasing community’s awareness and support; promotion of cooperation and international integration; investment, finance and capital raising; organization of planning implementation.
2. Component of the atomic energy development and application planning (hereinafter referred to as “the planning component) means an aspect of the atomic energy development and application planning and is formulated to serve the integration of planning.
3. Planning components include:
a) Components of the planning for development and application of radiation and radioactive isotopes to the health sector: nuclear medicine, radiotherapy, electro-optics;
b) Components of the planning for development and application of radiation and radioactive isotopes to natural resources and environment sectors: meteorology, hydrology, water resources, geology, minerals and environmental protection;
c) Components of the planning for development and application of radiation and radioactive isotopes to the agriculture sector: selection and creation of plant varieties and microorganisms; plant protection; agro-chemistry, soil science and plant nutrition; husbandry and animal health; aquaculture; post-harvest preservation and processing;
d) Components of the planning for development and application of radiation and radioactive isotopes to the industrial sector;
dd) Other planning components determined during the course of determining planning tasks.
Article 4. Planning period and time limit for formulating planning
The atomic energy development and application planning covers a period of 10 years and its orientations cover a period of 30 - 50 years. The time limit for formulating planning components shall not exceed 18 months and time limit for formulating the planning shall not exceed 30 months from the date on which the planning tasks are approved.
Article 5. Planning activities
1. Formulation of the planning:
a) Formulation, appraisal and approval of planning tasks;
b) Organization of formulation of the planning.
2. Appraisal of the planning.
3. Approval of the planning.
4. Announcement of the planning.
5. Implementation of the planning.
6. Assessment of the planning.
7. Adjustment of the planning.
Article 6. Costs of planning activities
1. The costs of formulating, appraising, approving, announcing, assessing and adjusting the planning shall be provided by state budget in accordance with regulations of the Law on State Budget and specified in legislative document on prices and norms for planning services.
2. The costs of planning implementation shall comply with regulations of law.
Article 7. Authority organizing formulation of planning, authorities organizing formulation of planning components, planning authorities, authorities formulating planning components
1. The Ministry of Science and Technology is the authority organizing formulation of the atomic energy development and application planning.
2. The Ministry of Health shall organize formulation of planning components in the healthcare sector; the Ministry of Natural Resources and Environment shall organize formulation of planning components in the natural resource and environment sectors; the Ministry of Agriculture and Rural Development shall organize formulation of planning components in the agriculture sector; the Ministry of Industry and Trade shall organize formulation of planning components in the industrial sector.
3. Ministries, ministerial agencies, People’s Committees of provinces and relevant organizations shall organize formulation of other planning components according to the Prime Minister’s decision.
4. The Ministry of Science and Technology shall decide on planning authorities; authorities organizing formulation of planning components shall decide on authorities formulating planning components.
Chapter II
FORMULATION OF PLANNING
Section 1. PLANNING TASKS
Article 8. Determination of planning tasks
1. Authorities organizing formulation of planning shall take charge and cooperate with authorities organizing formulation of planning components, Ministries, ministerial agencies and People’s Committees of provinces concerned in determining planning tasks.
2. Planning authorities shall take charge and cooperate with authorities formulating planning components and relevant organizations in determining planning tasks. To be specific:
a) Prepare a description, including scope of research, specific contents of the planning, components of the planning to be formulated and specific content of each planning component appropriate to contents of the planning to be formulated, proposed organizations that should organize formulation of planning components, make an estimate of funding for determining planning tasks, including funding for hiring consultants, and submit it to the Ministry of Science and Technology for approval;
b) Determine planning tasks according to the description and approved funding estimate, prepare a planning task report;
c) Submit the report to the planning task appraisal council; complete planning tasks according to the conclusion given by the appraisal council, and notify the Ministry of Science and Technology, which will request the Prime Minister to approve planning tasks.
Article 9. Reporting of planning tasks
A planning task report shall contain at least:
1. Grounds for formulating the planning.
2. Scope, period and orientations of the planning.
3. Viewpoints, objectives and rules for formulating the planning.
4. Review and overall assessment of the planning in the previous period and prospects and demand for development and human resources during the planning period.
5. Specific contents of the planning and planning components.
6. Planning formulation method; planning integration procedures.
7. Parts, quantity, standards and specifications of planning products.
8. Time limit, plans and progress in formulating the planning and planning components.
9. Costs of formulating the planning and planning components.
10. Responsibilities of relevant authorities for organizing formulation of the planning.
Article 10. Organizing appraisal of planning tasks
1. The Minister of Science and Technology shall establish a planning task appraisal council and assign an agency to act as the standing agency of the council.
2. The planning task appraisal council shall be composed of at least 11 members. The Council includes a Chair and members. The Chair is a head of the Ministry of Science and Technology and the members are representatives of the Ministry of Planning and Investment, Ministry of Finance, Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, other Ministries, ministerial agencies, local authorities and organizations concerned and experts in the field of atomic energy.
3. The appraisal council shall appraise planning tasks and dissolve after completing its tasks. The council shall operate on a collective basis, discuss openly and make decisions according to majority rule. A planning task appraisal meeting shall be held if it is attended by at least three quarters (3/4) of council members, including the Chair and representative of the council’s standing body, and by representative of the planning authority. Planning tasks (and revisions thereto, if any) that are approved by at least two thirds (2/3) of council members are eligible to be submitted for approval.
4. The council’s standing body shall receive, consider and process applications, provide applications for appraisal of planning tasks to council members so that they can consider and make comments, hold council meetings, make minutes of council meetings; request the planning authority to amend, complete or re-determine planning tasks according to the conclusion given by the council; re-appraise planning tasks in case they are not approved; draft a report on planning task appraisal and submit it to the council’s Chair for approval; reserve the right to use its funding, human resources, vehicles and seals to perform its tasks.
5. An application for appraisal of planning tasks includes:
a) An application form;
b) A Prime Minister’s draft Decision on approval for planning tasks;
c) A planning task report specified in Article 9 of this Decree;
d) Other documents (if any).
6. The following issues need appraising:
a) Conformity of legal bases;
b) Conformity, scientism and reliability of planning contents, planning approach and planning formulation method;
c) Compatibility between planning components and contents of the planning to be formulated;
d) Conformity of planning tasks with the estimate of costs and capital sources for planning formulation;
dd) Feasibility of the planning formulation plan.
7. The time limit for appraising planning tasks shall not exceed 30 days from date on which the council’s standing body receives the satisfactory application.
8. Planning task appraisal report:
a) A planning task appraisal report shall specify the council’s opinions about the issues specified in Clause 6 of this Article;
b) Within 10 days from the end of the appraisal, the council’s standing body shall send the planning task appraisal report to the planning authority;
c) Within 15 days from the receipt of the report, the planning authority shall take charge and cooperate with relevant authorities in considering and responding to the council’s opinions to modify and complete the application for appraisal of planning tasks.
Article 11. Approval for planning tasks
1. The Ministry of Science and Technology shall request the Prime Minister to approve planning tasks.
2. An application for approval for planning tasks includes:
a) An application form;
b) A Prime Minister’s draft Decision on approval for planning tasks;
c) A planning task appraisal report;
d) A report on responses to appraisal council’s opinions about contents of planning tasks;
dd) A report on modified and completed planning tasks;
e) Other documents (if any).
3. The Prime Minister’s Decision on approval for planning tasks shall contain at least:
a) Name, period and scope of the planning and bases for formulation thereof;
b) Requirements for viewpoints, objectives and rules for formulating planning;
c) Major contents of the planning and planning components;
d) Planning formulation method;
dd) Requirements for review and assessment of the planning in the previous period;
e) Requirements for forecasting of prospects and demands for development and human resources during the planning period;
g) Time limit and plan for and progress in formulating the planning;
h) Regulations on composition, quantity, standards and specifications of planning products;
i) Costs of formulating the planning and each planning component;
k) Proposed responsibilities of ministries, local authorities and authorities concerned for organizing formulation of the planning.
Section 2. ORGANIZATION OF PLANNING FORMUATION
Article 12. Responsibilities of the authority organizing formulation of planning
1. Take charge and cooperate with authorities organizing formulation of planning components, Ministries, ministerial agencies and People’s Committees of provinces concerned in organizing formulation of planning according to the approved planning tasks.
2. Carry out supervision and resolve issues that arise from the formulation of planning.
3. Consider and select a plan to integrate planning components into the planning according to the proposals of the planning authority, notify the Prime Minister when necessary.
Article 13. Responsibilities of authorities organizing formulation of planning components
1. Organize formulation of planning components according to the approved planning tasks.
2. Provide information and data relating to formulation of the planning to authorities organizing formulation of planning.
3. Establish a planning component appraisal council and organize appraisal of planning components; direct authorities formulating planning components to consider and respond to appraisal opinions to complete documents about planning components; send a notification that documents about planning components have been appraised and completed to the Ministry of Science and Technology.
Planning components shall be appraised in accordance with regulations specified in Section 1 Chapter III hereof in conformity with planning components.
4. Cooperate with authorities organizing formulation of planning in integrating planning components into the planning.
Article 14. Responsibilities of Ministries, ministerial agencies concerned and People’s Committees of provinces
1. Organize investigations and surveys, collect information and operate information and database system under their management to serve planning activities.
2. The Ministry of Science and Technology shall elaborate Clause 1 of this Article.
Article 15. Responsibilities of planning authorities
1. Take charge and cooperate with relevant authorities in implementing the planning formulation plan according to the approved planning tasks. To be specific:
a) Reserve the right to select a planning consultancy in accordance with regulations on bidding and hire domestic and foreign consultants that satisfy requirements specified in Article 19 of this Decree; if such planning consultancy is not available, notify the Minister of Science and Technology for consideration;
b) Organize investigations and surveys, collect information, operate information and database system pertaining to the planning; analyze, assess and forecast factors, conditions, resources and context for atomic energy development and application; propose viewpoints and objectives, and the priorities serving as a basis for formulation of planning and planning components; provide the authority formulating planning components with research directions and restrict contents and scope of research into planning components;
c) Consider developing contents included in planning tasks.
2. Take charge and cooperate with authorities organizing formulation of planning components in planning integration.
3. Complete enquiries about the planning, notify the Ministry of Science and Technology to seek opinions as prescribed in Article 20 of this Decree; consolidate and respond to opinions, complete the planning and submit the planning to the Planning Appraisal Council.
4. Complete planning documentation according to the conclusion given by the Planning Appraisal Council and notify the Minister of Science and Technology, who will request the Prime Minister to approve the planning.
Article 16. Responsibilities of authorities formulating planning components
1. Reserve the right to select a consultancy that gives advice on formulation of planning components (hereinafter referred to as “the planning component consultancy”) in accordance with regulations on bidding, hire domestic and foreign consultants that satisfy requirements specified in Article 19 of this Decree; if such consultancy is not available, notify the authority organizing formulation of planning components for consideration.
2. Formulate planning components according to the approved planning tasks and at the request of the planning authority; adjust the planning components at the request of the planning authority.
3. Prepare documents and submit them to the planning component appraisal council. Complete documents about planning documents according to the conclusion given by the appraisal council.
4. Cooperate with the planning authority in planning integration.
Article 17. Planning integration
1. The planning integration shall comply with regulations on relevant planning in conformity with the planning to be formulated, ensure uniformity and effectiveness of the planning, and consistency.
2. During the integration process, if there are still different opinions about planning integration, the Ministry of Science and Technology shall discuss and agree with the authority organizing formulation of planning components and notify the Prime Minister when necessary.
Article 18. Responsibilities of planning consultancies and planning component consultancies
1. A planning consultancy shall have a legal status and:
a) be responsible to the law and planning authority for contents of the consultancy agreement regarding the quantity, time limit for production and quality of planning products;
b) cooperate with the authority formulating planning components and planning component consultancy in the process of formulating planning and integrating planning components into the planning to be formulated;
c) consider and propose rules and methods for integrating planning components into the planning.
2. A planning component consultancy shall have a legal status and:
a) be responsible to the law and authority organizing formulation of planning components for the quantity, time limit for production and quality of planning products;
b) cooperate with the authority formulating planning components in formulating planning components;
c) cooperate with the planning consultancy in considering and proposing rules and methods for integrating planning components into the planning.
Article 19. Qualifications of planning consultancies and planning component consultancies
1. A planning consultancy shall have at least 01 consultant that satisfies the requirement specified in Point a Clause 2 of this Article and at least 02 consultants that are trained in 02 different disciplines and satisfy the requirement specified in Point b Clause 2 of this Article. A planning component consultancy shall have at least 02 consultants that satisfy the requirement specified in Point b Clause 2 of this Article.
2. Requirements to be satisfied by a domestic consultant:
a) The consultant who is the head of a planning project must obtain at least a bachelor’s degree and have at least 10 years’ experience of working in the field relevant to the planning to be formulated, has presided over formulation of at least 01 atomic energy planning or atomic energy strategy/plan/project approved by a competent authority or has directly participated in formulating at least 02 atomic energy plannings or atomic energy strategies/plans/projects approved by a competent authority;
b) The consultant who presided over formulation of planning components must obtain at least a bachelor’s degree in the discipline relevant to the planning components to be formulated and has presided over or directly participated in formulation of at least 01 atomic energy planning or atomic energy strategy/plan/project approved by a competent authority.
3. Foreign consultants shall be selected by planning authorities or authorities formulating planning components and notified to heads of authorities organizing formulation of planning or authorities organizing formulation of planning components for decision.
Article 20. Seeking opinions about planning
1. The enquired entities include the National Atomic Energy Council, Ministries, ministerial agencies, People’s Committees of provinces, residential communities, organizations and individuals related to the planning.
2. If the planning involves borders, islands or strategic defense and security positions, the planning authority shall agree with the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs about contents of the planning before seeking opinions.
3. Contents of the draft planning, except contents classified as state secrets in accordance with regulations of law shall be published on websites of authorities organizing formulation of planning, planning authorities, authorities organizing formulation of planning components and authorities formulating planning components within at least 30 days from the date of sending the enquiry about the planning as specified in Clause 4 of this Article.
4. Opinions about the planning shall be sought as follows:
a) The authority organizing formulation of planning shall send an enquiry, including a planning report, diagram or map (if any) that shows contents of the planning;
b) The enquired authorities shall give a written response within 30 days from the receipt of the enquiry;
c) The planning authority shall consolidate and respond to opinions, and notify the authority organizing formulation of 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 21. Planning Appraisal Council
1. The Ministry of Science and Technology shall request the Prime Minister to establish a Planning Appraisal Council.
2. The Planning Appraisal Council shall be composed of at least 11 members. The Council includes a Chair and members. The Chair is the Minister of Science and Technology and the members are representatives of the Ministry of Planning and Investment, Ministry of Finance, Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, other Ministries, ministerial agencies, local authorities and organizations concerned and experts in the field of atomic energy. The Council shall have at least 03 members acting as reviewers; every reviewer must have at least 10 years’ experience and qualifications appropriate to the planning to be formulated.
3. The Chair has the following responsibilities and rights:
a) Take responsibility for operation of the Council; organize and chair council meetings;
b) Assign a body to act as the Council’s standing body and assign tasks to Council’s members;
c) Approve planning appraisal reports.
4. The members have the following responsibilities and rights:
a) Attend all Council’s meetings;
b) Consider applications for appraisal of planning, express their written opinions at Council’s meetings about specialized field and common issues; send their written opinions about drafts of planning appraisal reports to the Council’s standing body; cooperate with the standing body in reviewing responses to appraisal opinions in the planning documentation before the planning documentation bears seals;
c) Be entitled to have their opinions recorded.
5. The reviewers have the following responsibilities and rights:
a) Attend all Council’s meetings;
b) Consider applications for appraisal of planning and send their written opinions to the Council’s standing body for consideration;
c) Be entitled to remuneration according to regulations.
Article 22. Responsibilities and rights of the Planning Appraisal Council's standing body
1. Receive, consider and process applications for appraisal submitted by a planning authority to the Planning Appraisal Council.
2. Prepare and submit a planning appraisal plan to the Planning Appraisal Council for approval or re-appraise the planning in case it is ineligible to be submitted for approval according to the conclusion given by the Planning Appraisal Council.
3. Provide documents to members of the Planning Appraisal Council in order for them to contribute their opinions about the planning.
4. Request the Chair of the Planning Appraisal Council to allow for organization of a meeting, conference or workshop on assessment of themes related to the planning prior to the Planning Appraisal Council's meeting.
5. Consolidate remarks and assessments of reviewers, opinions of members of the Planning Appraisal Council and other opinions, and notify them to the Planning Appraisal Council.
6. Make necessary preparations so that the Planning Appraisal Council can organize a planning appraisal meeting.
7. Make minutes of the planning appraisal meeting.
8. Request the planning authority to adjust and complete planning report, strategic environmental assessment report and relevant documents according to the conclusion given by the Planning Appraisal Council.
9. Prepare a planning appraisal report; seek written opinions of the Planning Appraisal Council’s members about the draft of the planning appraisal report; complete the planning appraisal report and submit it to the Chair of the Planning Appraisal Council for approval.
10. Take charge and cooperate with Planning Appraisal Council’s members in reviewing planning documents completed according to the Planning Appraisal Council’s conclusion; append a seal; sign the documents.
11. Use its funding, human resources, vehicles and seals to perform its tasks.
Article 23. Applications for appraisal of the planning
1. An application for appraisal of the planning includes:
a) An application form;
b) Planning reports, including consolidated and brief reports on contents of the planning;
c) A draft decision on approval for the planning’
d) A consolidated report on opinions of organizations, communities and individuals about the planning; copies of written opinions of Ministries, ministerial agencies and local authorities concerned; a report on responses to opinions about the planning;
dd) Planning maps and diagrams (if any).
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 applicant to provide additional information and provide explanation for relevant contents.
3. The time limit for appraising the planning shall not exceed 60 days from date on which the Planning Appraisal Council’s standing body receives the satisfactory application.
Article 24. Issues that need appraising
The appraisal shall focus on:
1. Conformity with the approved planning tasks.
2. Conformity with regulations of the law on atomic energy;
3. Integration of planning contents provided by relevant Ministries, ministerial agencies and local authorities;
4. Feasibility of the planning and conditions for adopting solutions and providing for planning implementation.
Article 25. Seeking opinions during planning appraisal
1. Within 05 days from the receipt of the application for appraisal of planning specified in Article 23 of this Decree, the Planning Appraisal Council’s standing body shall send enquiries to its members.
2. Within 20 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.
3. The Planning Appraisal Council’s standing body shall seek opinions of experts, socio-professional organizations and other relevant organizations about planning contents or organize a thematic conference, workshop or seminar, consolidate and report opinions to the Planning Appraisal Council.
Article 26. Meetings of the Planning Appraisal Council
1. Within 10 days from the receipt of sufficient opinions contributed by reviewers of the Planning Appraisal Council, the standing body shall consolidate and send such opinions to members of the Planning Appraisal Council and request the Chair of the Planning Appraisal Council to allow for organization of a meeting.
2. A planning appraisal meeting shall be held if it is attended by at least three quarters (3/4) of Planning Appraisal Council’s members, including the Chair and two thirds (2/3) of reviewers and standing body’s representative, and by representatives of the planning authority and planning consultancy.
3. The Council shall operate on a collective basis, discuss openly and make decisions according to majority rule and approve minutes of planning appraisal meetings. The planning allowed to be commissioned by at least two thirds (2/3) of the Planning Appraisal Council’s members attending the meeting is eligible to be submitted for approval.
Article 27. Reporting of planning appraisal
1. A planning appraisal report shall specify the Planning Appraisal Council’s opinions about the issues specified in Article 24 of this Decree and decide whether to submit the planning to the Prime Minister for approval.
2. The planning appraisal report and documents attached thereto shall be sent to the authority organizing formulation of planning within 15 days from the end of the appraisal.
3. The authority organizing formulation of planning shall direct the planning authority to consider and respond to appraisal opinions to modify and complete the application for approval for the planning.
4. According to the conclusion given by the Planning Appraisal Council and report on responses to appraisal opinions of the planning authority, the authority organizing formulation of planning shall consider deciding to submit the planning to the Prime Minister for approval.
Section 2. APPROVAL AND ANNOUNCEMEMENT OF THE PLANNING
Article 28. Applications for approval for the planning
The Minister of Science and Technology shall submit an application for approval for the atomic energy development and application planning to the Prime Minister for approval, including:
1. An application form;
2. A planning report;
3. A Prime Minister’s draft Decision on approval for the planning, which contains at least: name, period and scope of the planning, viewpoints, overall objectives and targets for development and application of atomic energy, specific objectives for development and application of atomic energy to fields and sectors, orientations for development of training, application and research centers, solutions and resources for implementing the planning and organizing implementation thereof;
4. A consolidated report on opinions of organizations, communities and individuals about the planning; copies of written opinions of Ministries, ministerial agencies and People’s Committees of provinces concerned; a report on responses to opinions about the planning;
5. A planning appraisal report; copies of written opinions of experts, socio-professional organizations and other relevant organizations;
6. A report on responses to planning appraisal opinions;
7. Planning maps and diagrams (if any).
Article 29. Announcement of the planning
1. The Ministry of Science and Technology shall take charge and cooperate with the Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, other Ministries, ministerial agencies and People’s Committees of provinces concerned in organizing announcement of the planning.
2. Within 15 days from the date on which the planning is approved, its contents shall be made publicly available in accordance with the laws on planning and protection of state secrets.
Article 30. Archiving of planning documentation
1. The atomic energy development and application planning documentation includes:
a) An application specified in Clause 1 Article 23 of this Decree;
b) An application specified in Article 28 of this Decree;
c) A decision on approval for the planning;
d) Other documents (if any).
2. Planning documentation shall be archived as prescribed by the law on archives.
Chapter IV
IMPLEMENTATION, ASSESSMENT AND ADJUSTMENT OF THE PLANNING
Article 31. Planning implementation plan
1. A planning implementation plan shall be promulgated after the planning is approved.
2. The Ministry of Science and Technology shall take charge and cooperate with the Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, other Ministries, ministerial agencies and People’s Committees of provinces concerned in preparing a planning implementation plan, including a plan to introduce policies and solutions, and submit it to the Prime Minister for approval.
Article 32. Reporting of planning activities
1. By October 31, Every Ministry, ministerial agency and People’s Committee of province shall submit a report on planning activities to the Ministry of Science and Technology, which will submit a consolidated report to the Prime Minister by November 30.
2. The Ministry of Science and Technology shall provide guidelines for contents and form of the report on atomic energy development and application planning activities.
Article 33. Assessment of planning implementation
1. The Ministry of Science and Technology shall take charge and cooperate with the Ministries specified in Clause 2 Article 7 of this Decree, People’s Committees of provinces, other Ministries and ministerial agencies concerned in carrying out assessment of implementation of the atomic energy development and application planning annually, every five years or upon request.
2. According to the annual assessment of planning implementation, if it is necessary to make any partial adjustments or if there are new factors that partially change contents of the approved planning, the planning shall be promptly adjusted in a manner that is relevant to current situation and condition.
3. Every Ministry, ministerial agency and People’s Committee of province shall submit a report on planning implementation assessment to the Ministry of Science and Technology, which will prepare and submit a consolidated report on planning implementation assessment to the Prime Minister. A report on periodic assessment of planning implementation constitutes part of the report on planning activities specified in Article 32 of this Decree.
4. Contents of assessment of implementation of the atomic energy development and application planning shall comply with regulations specified in Article 50 of the Law on Planning and this Decree. The Ministry of Science and Technology shall provide elaborate criteria for assessing planning implementation.
Article 34. Adjustment of the planning
1. The atomic energy development and application planning shall be adjusted if adjustments to socio - economic development objectives, strategy or plan, sector strategy and relevant planning result in change of contents of the planning and according to the report on assessment of planning implementation.
2. If the adjustments result in change of objectives of the planning, the Ministry of Science and Technology shall submit guidelines for adjustments to the planning to the Prime Minister for approval and organize adjustment to the planning in accordance with regulations on formulation, appraisal, approval, announcement and archiving of planning documentation specified in Chapters II and III of this Decree.
3. Partial adjustments that do not affect objectives of the planning shall be made as follows:
a) Ministry, ministerial agency and People’s Committee of province within the planning boundary shall prepare an application for adjustment to the Ministry of Science and Technology;
b) An application includes an application form, description of adjustments and other documents (if any);
c) The Ministry of Science and Technology shall review the application and seek opinions from relevant ministries and local authorities if necessary;
d) The Ministry of Science and Technology shall submit a consolidated application to the Prime Minister for decision.
4. The Ministry of Science and Technology shall take charge and cooperate in updating and specifying the adjustments in the planning.
Chapter V
IMPLEMENTATION CLAUSE
Article 35. Effect
This Decree comes into force from the date on which it is signed.
Article 36. Responsibility for implementation
1. The Minister of Science and Technology shall organize the implementation of this Decree.
2. 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./.
| ON BEHALF OF THE GOVERNMENT |