The government has issued a new resolution on planning work.

The new government decree includes many solutions to improve quality and accelerate the planning process for the period 2021-2030. (Illustrative image)

The resolution, issued on May 6, 2022, outlines solutions to improve the quality and accelerate the progress of planning for the period 2021-2030; and concerns the completion of procedures and documentation for submitting several draft laws.

Regarding the implementation of policies and laws on planning since the Planning Law came into effect, and some solutions to improve the quality and accelerate the progress of planning in the period 2021-2030.:

The Government highly appreciates the efforts of the Ministry of Planning and Investment in leading and coordinating with relevant ministries and agencies to closely adhere to the provisions of the Planning Law, the Resolutions of the National Assembly, the Standing Committee of the National Assembly, the National Assembly's Supreme Supervision Program, and the Resolutions of the Government, the conclusions of the Standing Committee of the Government, and the directives and instructions of the Prime Minister in compiling the Report on the implementation of policies and laws on planning work since the Planning Law came into effect (the Report). The Report has basically provided a full, comprehensive, and objective assessment of the results of implementation, the difficulties, shortcomings, obstacles, and causes in the process of implementing the Planning Law, and proposed solutions to overcome these difficulties and obstacles.

The Government engaged in frank and responsible discussions, offering many insightful and high-quality opinions, especially regarding difficult and problematic issues that require the National Assembly's consideration and resolution to ensure progress and improve the quality of planning work. While awaiting a comprehensive review and assessment to propose amendments and additions to the Planning Law, it was unanimously agreed to recommend that the National Assembly issue a Resolution to promptly adjust and address obstacles in the implementation of the Planning Law at the 3rd Session of the 15th National Assembly, following an expedited procedure, with the following content:

Some solutions to overcome obstacles, accelerate progress, and improve the quality of planning:

a) Allow planning documents as stipulated in the Planning Law and other laws and ordinances that have been amended or supplemented with provisions related to planning to be prepared simultaneously to ensure consistency; the plan that is prepared and appraised first will be decided or approved first. After a plan is decided or approved, if there are any inconsistencies, the lower-level plan must be adjusted to conform to the higher-level plan, ensuring the hierarchy within the national planning system.

b) Allow for adjustments to the planning schedule, focusing on accelerating the preparation, appraisal, and approval of urgent national-level plans in 2022, facilitating the management and socio-economic development of the country. Essentially complete all plans within the national planning system by 2023.

c) Allow the plans mentioned in Point c, Clause 1, Article 59 of the Planning Law that were decided or approved before January 1, 2019, to continue implementation, extend the period, and adjust the content according to the provisions of relevant laws before the effective date of the Planning Law to meet the requirements of socio-economic development until the national, regional, and provincial plans for the period 2021-2030 are decided or approved according to the provisions of the Planning Law; consider and integrate relevant contents to be included in the 2021-2030 plan.

d) Allow Ministers, heads of ministerial-level agencies, and chairpersons of People's Committees of provinces and centrally-administered cities to consider and decide on the application of the direct contracting method for national, regional, and provincial planning packages where no contractor has yet been selected. Direct contracting shall be carried out in accordance with the law on bidding. Contractors selected through direct contracting must meet the requirements regarding capacity, experience, and ensure progress, quality, efficiency, and prevent corruption, waste, and malpractice as prescribed by law. If direct contracting is not applied, or if it is applied but no contractor is selected, the competent authority shall decide on another method of contractor selection in accordance with the law on bidding.

d) Allows the use of recurrent expenditure funds as stipulated by the law on the State budget to prepare, appraise, approve, and publish urban plans, rural plans, and technical and specialized plans that have not yet been allocated funding. Allows the mobilization and use of socialized capital sources, ensuring compliance with the regulations on the preparation, appraisal, approval, publication, and adjustment of plans under the Planning Law.

e. The content of the national master plan defines the orientation for the distribution and spatial organization of socio-economic activities; orientations for national defense, security, and environmental protection of national and international importance, and strategic inter-regional significance across the territory including the mainland, islands, archipelagos, sea areas, and airspace. Point n, Clause 2, Article 22 of the Planning Law regarding the list of nationally important projects and their priority order has not yet been implemented.

g- Adjustments to national, regional, and provincial planning for the period 2021-2030, in cases where a lower-level plan was approved first but its content is inconsistent with the higher-level plan, shall be carried out without the need to prepare a planning task and by reducing some procedures related to plan adjustments.

h- The Government is tasked with researching regulations on the responsibilities and authority of agencies involved in the preparation, appraisal, and approval of planning, ensuring independence, while strengthening accountability at all levels, streamlining administrative procedures, avoiding inconvenience and unnecessary costs, and conforming to the provisions of the Law on Government Organization and the Law on Local Government Organization.

i) The Government is tasked with assessing the impact of abolishing planning regulations on investment and development of specific goods, services, and products that stipulate the volume and quantity of goods, services, and products to be produced and consumed, as prescribed in Point d, Clause 1, Article 59 of the Planning Law; and researching the restoration of necessary, strategic product plans, ensuring they do not contradict international commitments that Vietnam has signed.

In this Resolution, the Government assigns the Ministry of Planning and Investment to urgently study amendments and supplements to Decree No. 37/2019/ND-CP dated July 5, 2019, of the Government on detailing the implementation of a number of articles of the Planning Law; and the Ministry of Natural Resources and Environment to urgently study amendments and supplements to Decree No. 148/2020/ND-CP dated December 18, 2020, on amending and supplementing a number of decrees detailing the implementation of the Land Law to conform with the 2020 Environmental Protection Law and the National Assembly's Resolution on monitoring the implementation of policies and laws on planning work since the Planning Law came into effect, and some solutions to improve the quality and accelerate the progress of planning for the period 2021-2030.

The relevant departments should study and revise detailed regulations and implementation guidelines on planning work that contain contradictions and overlaps in order to promptly resolve obstacles and difficulties, thereby accelerating the progress and quality of planning; and urgently review, research, and issue or submit to competent authorities for issuance regulations on technical and specialized standards and norms for planning.

Ministries, sectors, and localities should further strengthen coordination to upgrade the national planning information system and database, standardize technology and data formats on planning, update and share information to ensure transparency; strengthen the dissemination of policies and laws on planning; accelerate administrative procedure reform; organize inspections and examinations, and promptly and strictly prevent and handle violations of planning laws.

The Minister of Planning and Investment and the Minister of Justice are working closely with relevant agencies of the National Assembly to finalize the dossiers and procedures to be submitted to the 15th National Assembly at its 3rd session regarding solutions to remove obstacles, accelerate progress, and improve the quality of planning.

Long-term solutions

Summarize the implementation of the Planning Law and other relevant laws and ordinances, including the Construction Law, Urban Planning Law, Land Law, Bidding Law, and other related laws and ordinances, in order to propose amendments and additions to meet the requirements of state management in planning work.

Continue reviewing and amending laws related to planning, ensuring consistency and uniformity with the amended and supplemented Planning Law.

Regarding the completion of procedures and dossiers for the draft Law on Forces Participating in Protecting Security and Order at the Local Level; the draft Law on Road Traffic Order and Safety; and the draft Law on Roads:

The resolution states that, based on the proposal of the Ministry of Public Security and the results of the consultation with Government members on April 16, 2022, the Government assigns the Ministry of Public Security to preside over and coordinate with relevant agencies to draft a Submission on the major contents of the Law on Forces Participating in Protecting Security and Order at the Grassroots Level; and a Submission on separating the Law on Road Traffic into the Law on Road Traffic Order and Safety and the Law on Roads for the Government Party Committee to consider and submit to the Politburo for guidance.