Law amending and supplementing a number of articles of 11 Laws related to planning in 2018

LAW

ON AMENDMENTS TO SOME ARTICLES CONCERNING PLANNING OF 11 LAWS

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on amendments to some Articles concerning planning of the Law on Food Safety No. 55/2010/QH12, Law on Notarization No. 53/2014/QH13, Law on Pharmacy No. 105/2016/QH13, Law on Investment No. 67/2014/QH13, Law on Public Investment No. 49/2014/QH13, Law on Electricity No. 28/2004/QH11 whose articles are amended by the Law No. 24/2012/QH13, Law on Chemicals No. 06/2007/QH12, Law on Science and Technology No. 29/2013/QH13, Law on Tobacco Control No. 09/2012/QH13, Law on Economical and Efficient Use Of Energy No. 50/2010/QH12 and Law on Children No. 102/2016/QH13.

Article 1. Amendments to some Articles of the Law on Food Safety

1. Clause 1 of Article 4 is amended as follows:

“1. Formulate a national food safety strategy.”.

2. Point a Clause 1 of Article 62 is amended as follows:

“a) Take charge of formulating, proposing the promulgation and organizing the implementation of a national food safety strategy;”.

3. Point a Clause 2 of Article 62 is amended as follows:

“a) Take charge of formulating, promulgating or proposing the promulgation and organizing the implementation of strategies, policies, plans and legislative documents on food safety under its management;”.

4. Clause 1 of Article 63 is amended as follows:

“1. Take charge of formulating, promulgating or proposing the promulgation and organizing the implementation of strategies, policies, plans and legislative documents on food safety under its management.”.

5. Clause 1 of Article 64 is amended as follows:

“1. Take charge of formulating, promulgating or proposing the promulgation and organizing the implementation of strategies, policies, plans and legislative documents on food safety under its management.”.

6. Clause 4 of Article 64 is amended as follows:

“4. Introduce market and supermarket development policies; propose the promulgation of regulations on sale of food at markets and supermarkets.”.

7. Clause 1 of Article 65 is amended as follows:

“1. Promulgate or propose the promulgation of local legislative documents and technical regulations to ensure management of the entire food supply chain.”.

Article 2. Amendments to some Articles of the Law on Notarization

1. Clause 1 of Article 18 is amended as follows:

“1. A notary's office shall be established as prescribed by this Law.”.

2. Clause 1 of Article 24 is amended as follows:

“1. In the case of any changes to one of the contents specified in Clause 3 Article 23 of this Law, the private notary's office shall register changed contents at the Department of Justice with which it has registered its operation.”.

3. Point b and Point c Clause 2 of Article 69 is amended as follows:

“b) Formulate and propose the promulgation of a notarial profession development policy.

c) Take charge and cooperate with ministries in providing guidance and managing operation of notary's offices;”.

4. Point b Clause 1 of Article 70 is null and void.

Article 3. Amendments to some Articles of the Law on Pharmacy

1. Point a Clause 1 of Article 10 is amended as follows:

a) Take charge and cooperate with other relevant Ministries, ministerial agencies, Governmental agencies in promulgating or proposing the promulgation and organizing the implementation of legislative documents, strategies, policies, and plans for pharmacy industry development;”.

2. Point c Clause 1 of Article 10 is amended as follows:

“c) Take charge and cooperate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and relevant agencies in developing herb farming areas and organizing the implementation of measures for conservation, reasonable and sustainable extraction of herbal ingredient sources;”.

3. Clause 2 of Article 10 is amended as follows:

“2. The Ministry of Industry and Trade shall take charge and cooperate with other relevant Ministries, ministerial agencies, Governmental agencies in promulgating or proposing the promulgation and organizing the implementation of legislative documents on pharmaceutical chemistry industry.”.

4. Point a Clause 6 of Article 10 is amended as follows:

“a) Take charge and cooperate with other relevant Ministries, ministerial agencies, Governmental agencies in developing and proposing a financial mechanism for attracting and maintaining resources for implementation of plans for pharmacy industry development;”.

5. Point a Clause 8 of Article 10 is amended as follows:

a) Organize the implementation of legislative document, strategies and policies for pharmacy industry development in accordance with socio-economic development targets and local advantages;”.

6. Clause 5 of Article 104 is amended as follows:

“5. The Prime Minister shall approve the planning for state-owned testing system; provide for the organizational structure, equipment and activities of state-owned drug and medicinal ingredients testing facilities.

7. Article 9 is null and void.

Article 4. Amendments to some Articles of the Law on Investment

1. Clause 1 of Article 20 is amended as follows:

“1. According to the planning that has been decided by the competent authority or approved as prescribed by the law on planning, Ministers, ministerial agencies, People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “People’s Committees of provinces”) shall formulate development investment plans and organize the construction of technical infrastructure and social infrastructure beyond industrial parks, export-processing zones, hi-tech zones and dedicated areas of economic zones.”.

2. Article 21 is amended as follows:

”Article 21. Development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones

1. According to the planning that has been decided by the competent authority or approved as prescribed by the law on planning, People’s Committees of provinces shall formulate planning and provide land for development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones.

2. In the case of any difficulty in provision of land for development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones, the authority that has the power to approve the planning has the power to approve the adjustment to the planning in order to use part of the land area for development of housing, public facilities and amenities.”.

3. Point c Clause 6 of Article 33 is amended as follows:

“c) Assessment of conformity of the investment project with the national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning; assessment of socio-economic effects of the project;”.

4. Point c Clause 6 of Article 35 is amended as follows:

“c) Conformity of the project with the strategy and national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any);”.

Article 5. Amendments to some Articles of the Law on Public Investment

1. Clause 5 is added to Article 5 as follows:

“5. Investment in formulating, appraising, deciding or approve, announcing and adjusting the planning as prescribed by the law on planning.”.

2. Clause 2 of Article 12 is amended as follows:

“2. Conform to the socio-economic development strategy, five-year socio-economic development plan and relevant planning prescribed by the law on planning.”.

3. Clause 1 of Article 18 is amended as follows:

“1. Conform to the socio-economic development strategy and plan and relevant planning prescribed by the law on planning that have been decided or approved by a competent authority.”.

4. Point d Clause 2 of Article 21 is amended as follows:

“d) Conformity with the socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.

5. Clause 1 of Article 34 is amended as follows:

“1. Necessity of the program for fulfilling objectives of socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.

6. Clause 2 of Article 40 is amended as follows:

“2. Relevant planning prescribed by the law on planning.”.

7. Point a Clause 1 of Article 46 is amended as follows:

“a) Changes to objectives and conditions for implementing socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.

8. Point b Clause 2 of Article 47 is amended as follows:

“b) Assessment of its conformity with relevant planning prescribed by the law on planning;”.

9. Point c Clause 1 of Article 50 is amended as follows:

“c) Relevant planning prescribed by the law on planning;”.

10. Clause 1 of Article 55 is amended as follows:

“1. The program/project whose investment guidelines have been decided by a competent authority, planning formulation project.”.

11. Article 57 is amended as follows:

“Article 57. Capital for investment preparation, planning formulation and execution of projects in annual and medium-term public investment plan

1. The capital for investment preparation shall be used to:

a) Formulate, appraise and decide investment guidelines;

b) Formulate and appraise an investment plan and decide to invest in a project.

2. The capital for planning formulation shall be used to formulate, appraise, decide or approve, announce and adjust the planning as prescribed by the law on planning.

3. The capital for project execution shall be used to clear land, produce an engineering design and a construction design, make an estimate of a project or items of the project and run the finished project provided with insufficient capital, project expected to be completed, project in progress and new project.

4. The capital for investment preparation, planning formulation and project execution shall be balanced under the regulations of the Government.”.

12. Clause 1 of Article 96 is amended as follows:

“1. Propose programs and projects in conformity with the socio-economic development strategy and plan and relevant planning as prescribed by the law on planning in each period.”.

Article 6. Amendments to some Articles of the Law on Electricity

1. Article 8 is amended as follows:

“Article 8. Electricity development planning

1. Electricity development planning is the national sector planning and serves as a basis for electricity development.

2. The electricity development planning shall be formulated as prescribed by the law on planning and conformable with:

a) the national energy development strategy;

b) the orientations for development of primary energy sources for electricity generation including new energy and renewable energy.

3. The electricity development planning covers a period of 10 years. The orientations of the electricity development planning cover a period of 30 - 50 years.”.

2. Article 9 is amended as follows:

“Article 9. Formulating, appraising, announcing, organizing implementation of and adjusting the electricity development planning

1. The Ministry of Industry and Trade shall organize the formulation of the electricity development planning and submit it to the Prime Minister for approval as prescribed by the law on planning.

2. People’s Committees of provinces shall organize the development of contents of electricity supply network development plan included in the provincial planning.

3. The electricity development planning shall be formulated, appraised, approved, announced, implemented and adjusted as prescribed by the law on planning.”.

3. Article 10 is amended as follows:

“Article 10. Costs of formulating, appraising, approving, announcing, adjusting and assessing implementation of the electricity development planning

The costs of formulating, appraising, approving, announcing, adjusting and assessing implementation of the electricity development planning are prescribed by the law on planning.”.

4. Article 8a is null and void.

Article 7. Amendments to some Articles of the Law on Chemicals

1. Clause 2 of Article 6 is amended as follows:

“2. The State shall establish a national chemical safety control system and chemical safety database.

2. Clause 5 is added to Article 10 as follows:

“5. Locations of chemical industrial parks and chemical plants must be appropriate to properties and characteristics of chemicals, chemical production and storage technologies, and natural and socio-economic conditions in order to meet chemical safety requirements.”.

3. Clause 3 of Article 49 is amended as follows:

“3. Inspections and surveys aimed at formulating chemical industry development strategies and plans;”.

4. Point a Clause 1 of Article 63 is amended as follows:

“a) Promulgate or propose the promulgation of legislative documents, strategies and plans for chemical industry development, and technical regulations on chemical safety;”.

5. Article 8 and Article 9 are null and void.

Article 8. Amendments to some Articles of the Law on Science and Technology

1. Article 10 is amended as follows:

“Article 10. Planning for network of public science and technology organizations

1. The planning for public science and technology organization network is the national sector planning.

2. The planning for public science and technology organization network shall be formulated according to regulations of the law on planning and the following rules:

a) The planning is uniformly and appropriately formulated to meet requirements for science and technology development;

b) The planning connects public science and technology organizations with organizations that apply results of scientific research and technology development;

c) Fulfillment of targets for increasing national science and technology capability and focusing on fields of science and technology that directly serve socio-economic development, national defense and security is ensured;

d) State resources are effectively exploited, and private sector involvement in science and technology, especially in science and technology priorities is increased.

3. The Ministry of Science and Technology shall organize the formulation of the planning for public science and technology organization network and submit it to the Prime Minister for approval as prescribed by the law on planning.

2. Clause 2 of Article 11 is amended as follows:

“2. In addition to the regulations set forth in Clause 1 of this Article, a public science and technology organization shall be established according to the planning for public science and technology organization network and opinions of the science and technology authority authorized by the Government.”.

3. Point b Clause 2 of Article 16 is amended as follows:

“b) Serving the making of science and technology development polices and planning for public science and technology organization network;”.

4. Clause 1 of Article 22 is amended as follows:

“1. According to the national human resource development strategy, the Minister of Science and Technology shall approve the science and technology development plan at the request of the Ministry, ministerial agencies, Governmental agencies, People’s Committees of provinces and other regulatory authorities.”.

5. Clause 2 and Clause 3 of Article 67 are null and void.

Article 9. Amendments to some Articles of the Law on Tobacco Control

1. Clause 3 of Article 4 is amended as follows:

 “3. The production and sale of tobacco shall be conformable with the target for gradually reducing tobacco supply and tobacco demand.”.

2. Article 20 and Clause 1 of Article 21 are null and void.

Article 10. Amendments to some Articles of the Law on Economical and Efficient Use of Energy

1. Article 6 is amended as follows:

“Article 6. National energy development strategies, comprehensive planning for energy, energy use programs

1. A national energy development strategy and energy use program shall satisfy the following requirements:

a) Provide energy in a stable and safe manner; reasonably and economically use energy sources;

b) Estimate energy supply and demand in conformity with socio-economic development strategy and plan; ensure the balance between coal, petroleum and electricity industries and other energy sources;

c) Promote economical and efficient use of energy, prioritize reasonable development of clean energy technologies and raise rates of renewable energy use;

d) Devise and implement a roadmap to manufacture energy-saving vehicles, equipment and building materials.

2. The comprehensive planning for energy is the national sector planning. The comprehensive planning for energy shall be formulated according to regulations of the law on planning and requirements specified in Clause 1 of this Article.

3. The Prime Minister shall direct the formulation and implementation of the national energy development strategy and energy use program.

The Ministry of Industry and Trade shall organize the formulation of the comprehensive planning for energy and submit it to the Prime Minister for approval as prescribed by the law on planning.

2. Point b Clause 1 and Point b Clause 2 of Article 25 are null and void.

Article 11. Amendments to some Articles of the Law on Children

1. Clause 5 of Article 5 is amended as follows:

“5. Consider ideas of children and those of relevant agencies and organizations while formulating policies and laws affecting children; integrate the objectives and targets concerning children into the relevant planning prescribed by the law on planning, national, sector and local socio-economic development plans.

2. Clause 1 of Article 7 is amended as follows:

“1. The Government shall provide resources for fulfilling objectives and targets concerning children included in the relevant planning prescribed by the law on planning, national, sector and local socio-economic development plans; prioritize the provision of resources for protecting children and ensuring the exercise of children’s rights.”.

3. Clause 2 of Article 45 is amended as follows:

“2. People’s Committees of provinces shall provide land and invest in recreation areas, and cultural, arts and sports activities for children; ensure appropriate conditions, period and time in order for children to participate in activities at cultural and sports facilities.”.

4. Clause 1 and Clause 2 of Article 57 are amended as follows:

“1. Ministries, ministerial agencies and government agencies shall, within their power and jurisdiction, establish public child protective service providers under their management and grant operation registration certificates to other child protective service providers that operate within multiple provinces; take charge and cooperate with the Ministry of Labor, Invalids and Social Affairs in promulgating or proposing the promulgation and providing guidelines for the implementation of plans for development of child protective service providers and guide the implementation thereof; establish procedures and standards in child protective service provision under their management, inspect and take actions against violations as regulated by law.

2. The People’s Committee of the province shall establish public child protective service providers and grant operation registration certificates to other child protective service providers that operate within its province.”.

5. Point a Clause 1 of Article 74 is amended as follows:

“a) The establishment and implementation of programs, policies and legislative documents and relevant planning prescribed by the law on planning and socio-economic development plans;”.

6. Clause 2 of Article 79 is amended as follows:

“2. The Ethnic Council, Committees of the National Assembly shall cooperate with the National Assembly’s Committee for Culture, Education, Youth, Adolescents and Children to consider and evaluate issues involving children in bills, ordinances and draft resolutions of the National Assembly and the Standing Committee of the National Assembly, and the integration of objectives and targets concerning children when appraising the planning as prescribed by the law on planning, and national socio-economic development plans; supervise the implementation of policies and laws concerning children and exercise of the children’s rights.

7. Clause 2 of Article 82 is amended as follows:

“2. Submit written opinions about issues involving children to the drafting board for bills, ordinances and draft resolutions of the National Assembly and the Standing Committee of the National Assembly and other legislative documents; propose the integration of objectives and targets concerning children into the relevant planning prescribed by the law on planning, and national, sector and local socio-economic development plans.”.

Article 12. Effect

This Law comes into force from January 01, 2019.

This Law is adopted by the 14th National Assembly of Socialist Republic of Vietnam on this 15th of June 2018 during its 5th session.

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