Thông tư 05/2013/TT-BKHDT

CIRCULAR

GUIDANCE ON DEVELOPMENT, ASSESSMENT, APPROVAL, REVISION, AND ANNOUNCEMENT OF SOCIO-ECONOMIC DEVELOPMENT MASTER PLANS AND INDUSTRY, SECTOR AND KEY PRODUCT DEVELOPMENT MASTER PLANS

Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 defining functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Government's Decree No. 92/2006/ND-CP dated September 07, 2006 on development, approval, and management of socio-economic development master plans;

Pursuant to the Government's Decree No. 04/2008/ND-CP dated January 11, 2008 on amendments to the Government's Decree No. 92/2006/ND-CP on development, approval, and management of socio-economic development master plans;

Pursuant to the Decree No. 29/2011/ND-CP dated April 18, 2011 on strategic environment assessment, environmental impact assessment, and commitment to environment protection;

At the request of Director of Planning Management Authority;

The Minister of Planning and Investment promulgates a Circular to provide guidance on development, assessment, approval, revision, and announcement of socio-economic development master plans and industry, sector and key product development master plans,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on development, assessment, approval, revision, and announcement of socio-economic development master plans, industry, sector and key product development master plan (hereinafter referred to as master plan) according to the Government's Decree No. 92/2006/ND-CP dated September 07, 2006 on development, approval, and management of socio-economic development master plans (hereinafter referred to as Decree No. 92/2006/ND-CP) and the Government's Decree No. 04/2008/ND-CP dated January 11, 2008 on amendments to the Government's Decree No. 92/2006/ND-CP on development, approval, and management of socio-economic development master plans (hereinafter referred to as Decree No. 04/2008/ND-CP).

Article 2. Regulated entities

1. Authorities in charge of management of socio-economic development master plans and industry, sector and key product development master plans.

2. Any organization or individual relevant to development, assessment, approval, revision, and announcement of information about socio-economic development master plans and industry, sector and key product development master plans.

Article 3. Definitions

For the purpose of this Circular, the terms below are construed as follows:

1. Outlines, objectives, and cost estimate are requirements for development and execution of the master plan project, and estimated costs of accomplishment of planning objectives made by a planning authority and approved by a competent person.

2. Presiding authorities are the authorities specified in Clause 6 Article 1 of Decree No. 04/2008/ND-CP in charge of developing master plans specified in Clause 17 Article 1 of Decree No. 04/2008/ND-CP; state authorities in charge of developing master plans specified in Clause 4 Article 7 of Decree No. 92/2006/ND-CP; state authorities in charge of developing master plans specified in Clause 2 Article 10 of Decree No. 92/2006/ND-CP To be specific:

a) The Ministry of Planning and Investment is the presiding authority in charge of organizing development of socio-economic development master plans of socio-economic regions specified in Clause 1 Article 15 of Decree No. 92/2006/ND-CP and special territories specified in Clause 9 Article 1 of Decree No. 04/2008/ND-CP;

b) Ministries, ministerial agencies, and Governmental agencies (hereinafter referred to as Ministries and Governmental agencies) are the presiding authorities in charge of organizing development of sector and key product development master plans specified in Clause 14 and Clause 6b Article 1 of Decree No. 04/2008/ND-CP;

c) People’s Committees of central-affiliated cities and provinces (hereinafter referred to as the People’s Committees of provinces) are presiding authorities in charge of organizing development of socio-economic development master plans of provinces, socio-economic development master plans of districts, and industry, sector and key product development master plans of provinces.

3. Planning authorities are the authorities and units assigned to develop master plans as set out in Clause 5 Article 1 of Decree No. 04/2008/ND-CP assigned by presiding authorities specified in Clause 2 of this Article to develop master plan projects. To be specific:

a) For master plan projects developed by Ministries and Governmental agencies, planning authorities are agencies and units affiliated to such Ministries and Governmental agencies;

b) For socio-economic development master plans of provinces, industry, sector and key product development master plans of provinces, planning authorities are Services and regulatory bodies of such provinces;

c) For socio-economic development master plans of districts, planning authorities are the People’s Committees of such districts.

4. Master plan assessment units are agencies and units affiliated to the presiding authority and in charge of master plan management. To be specific:

a) For master plans developed by Ministries and Governmental agencies, master plan assessment units are agencies and units affiliated to such Ministries and Governmental agencies and in charge of master plan management;

b) For master plans developed by the People’s Committees of provinces, master plan assessment units are Departments of Planning and Investment of such provinces.

5. Consultant means an advisory organization which has a legal status and is a member of a professional association, or an expert hired by a planning authority to develop the master plan or perform certain tasks during the process of planning development as prescribed in Clause 2 Article 10 of Decree No. 92/2006/ND-CP.

Chapter 2.

ORGANIZATION OF MASTER PLAN DEVELOPMENT

SECTION 1. PLANNING OUTLINES, OBJECTIVES, AND COST ESTIMATE

Article 4. Basis for making planning outlines, objectives, and cost estimate

1. Legislative documents, resolutions, decisions on socio-economic development of Communist Party, the National Assembly, and the Government related to the region, province, industry, sector, or product that need planning;

2. Instructional documents of the Government, provincial governments or managing Ministries that require planning;

3. Relevant effective master plans;

4. Instructional documents on funding for planning works and relevant applicable regulations on financial management.

Article 5. Planning outlines, objectives, and cost estimate

1. The planning authority shall prepare the planning outlines, objectives, and cost estimate and submit them for approval as prescribed.

2. The planning outlines and objectives of a master plan project consist of:

a) Name of the master plan project;

b) Necessity, urgency, and practicality of the master plan;

c) Bases for developing the master plan;

d) Scope and period of the master plan;

dd) Targets, requirements, and main issues of the master plan project;

e) Main contents of corresponding types of master plans specified in Article 16, 19, 22 and 26 of Decree No. 92/2006/ND-CP;

g) Requirements for product documents of the master plan project;

h) Requirements for progress, responsibility of relevant parties in the course of development of the master plan project.

3. Cost estimate of the master plan project shall be made in accordance with instructional documents on funding for planning works and relevant applicable regulations on financial management.

Article 6. Assessment of planning outlines, objectives, and cost estimate

1. The presiding authority shall organize the assessment of planning outlines, objectives, and cost estimate of the master plan projects under its management. To be specific:

a) An assessment council shall be established to assess planning outlines, objectives, and cost estimate of the master plan projects within the competence of the Prime Minister.

The composition of the assessment council shall be decided by the head of the presiding authority and has to include representatives of the Ministry of Planning and Investment and the Ministry of Finance (for master plans developed by managing Ministries); representatives of the Ministry of Planning and Investment, the Department of Planning and Investment and Departments of Finance (for socio-economic development master plans of provinces).

Conditions for initiating meetings and voting of the assessment council are similar to those of master plan project assessment council specified in Clause 2 Article 18 and Article 19 hereof.

b) The assessment of planning outlines, objectives, and cost estimate of master plan projects within the competence of the Ministers, Heads of ministerial agencies and Governmental agencies, Presidents of the People’s Committees of provinces shall be carried out by seeking written opinions from relevant agencies, including the Ministry of Planning and Investment and the Ministry of Finance (for master plans within the competence of Ministries, Heads of ministerial agencies and Governmental agencies); managing Ministries, the Department of Planning and Investment and Department of Finance (for industry development master plans of provinces); the Department of Planning and Investment and Department of Finance (for socio-economic development master plans of districts).

2. Master plan assessment units shall carry out the assessment as follows:

a) Where an assessment council is established, the master plan assessment unit shall advise the head of the presiding authority to decide a list of members of the assessment council; convene a meeting; gather opinions of council members; cooperate with the planning authority in completing the planning outlines, objectives, and cost estimate, and make an assessment report.

b) In case of seeking written opinions, the master plan assessment unit shall gather opinions from relevant agencies, cooperate with the planning authority in completing the planning outlines, objectives, and cost estimate, and make an assessment report.

3. Main contents of the assessment report:

a) Relevance of legal basis;

b) Necessity, urgency, and practicality of the master plan;

c) Appropriateness of the planning outlines, objectives, cost estimate, and source of capital for master plan development;

d) Conclusion of the assessment council (in case of establishment of one) or proposals of the master plan assessment unit (in case of seeking written opinions).

Article 7. Submission of planning outlines, objectives, and cost estimate for approval

1. The planning authority shall submit the planning outlines, objectives, and cost estimate for approval.

2. Documents to be submitted include:

a) A petition prepared by the planning authority;

b) A report on assessment of planning outlines, objectives, and cost estimate specified in Clause 3 Article 6 hereof.

c) A draft decision on approval for planning outlines, objectives, and cost estimate (the specimen is provided in Appendix 1).

Article 8. Power to approve planning outlines, objectives, and cost estimate

1. Ministers shall approve planning outlines, objectives, and cost estimate of master plan projects developed by their Ministries.

2. Presidents of the People’s Committees of provinces shall approve planning outlines, objectives, and cost estimate of master plan projects developed by the People’s Committees of provinces.

SECTION 2. MASTER PLAN DEVELOPMENT

Article 9. Basis for master plan development

1. The approved planning outlines, objectives, and cost estimate.

2. The basis for development of each type of master plans is specified in Article 17, 20, 23, 27 of Decree No. 92/2006/ND-CP and Clause 10, 11, 12, 13, 15, 16 Article 1 of Decree No. 04/2008/ND-CP.

Article 10. Consultancy on master plan development

1. The selection of an organization or expert that provides consultancy of master plan development (hereinafter referred to as master plan development consultant) shall comply with regulations of law on bidding.

2. The master plan development consultant is responsible for the content, quality, and progress of the master plan project under the contract with the planning authority.

3. The planning authority shall cooperate with the master plan development consultant during the process of master plan development ensuring compliance to planning outlines and objectives approve, and bear responsibility for the entire content of the master plan project.

Article 11. Strategic environment assessment report of master plan project

1. For master plan projects required to have strategic environment assessment reports as prescribed in the Decree No. 29/2011/ND-CP the planning authority shall make the report or hire a consultant to make it during the process of master plan development.

2. The preparation, verification, and approval of the strategic environment assessment report shall comply with regulations of law on environmental protection.

Article 12. Including opinions in master plan development report

1. the planning authority shall include written opinions provided by relevant agencies in the master plan development report before submitting it for approval. To be specific:

a) A socio-economic development master plan of a region or specific territory development by the Ministry of Planning and Investment shall contain opinions of Ministries, regulatory bodies, and the People’s Committees of provinces within the planning area.

b) A socio-economic development master plan of a province shall contain opinions of Ministries, regulatory bodies, and the People’s Committees of adjacent provinces.

c) A socio-economic development master plan of a district shall contain opinions of Services, regulatory bodies of the provinces and the People’s Committees of adjacent districts.

d) An industry, sector and key product development master plan development by a Ministry or Governmental agency shall contain opinions of relevant Ministries and the People’s Committees of relevant provinces.

dd) An industry, sector and key product development master plan of a province shall contain opinions of the managing Ministry, Services and regulatory bodies of the province, and the People’s Committees of relevant districts within the province.

2. In addition, the planning authority may seek opinions from other entities to complete the master plan development report.

Chapter 3.

ORGANIZATION OF MASTER PLAN ASSESSMENT AND APPROVAL

SECTION 1. MASTER PLAN ASSESSMENT

Article 13. Power to assess master plans

Each presiding authority specified in Clause 2 Article 3 of this Circular shall establish an assessment council to assess their master plan projects.

Article 14. Assessment council

1. The head of the presiding authority shall issue a decision on establishment of the assessment council.

2. The assessment council shall discuss publicly, directly and take responsibility to the head of the presiding authority for its conclusions.

3. Where necessary, the presiding authority may hire capable consultants to participate in the assessment of its master plan projects.

Article 15. Duties of master plan assessment units

1. Examine the legitimacy and completeness of the documents submitted for assessment.

2. Follow instructions in Appendix 2 to propose the composition of the assessment council and draft a decision on establishment of the assessment council (the specimen is provided in Appendix 3), then submit it to the head of the presiding authority for consideration.

3. prepare and submit the assessment plan to the chairperson of the assessment council for approval.

4. Send documents to members of the assessment council.

5. Collect opinions from members of the assessment council.

6. Instruct the planning authority to implement the conclusion of the assessment council and organize re-assessment (if any).

7. Draft the assessment report.

8. Make a request for master plan approval and draft the decision on master plan approval.

9. Perform other tasks related to assessment of the master plan project given by the chair person of the assessment council.

Article 16. Master plan project documents to be assessed

1. Master plan project documents to be assessed include:

a) A petition prepared by the planning authority;

b) A general report and brief report on the master plan (completed after obtaining opinions from relevant agencies) on A4 papers, bound; the sub-cover shall contain the signatures and seals of the head of the planning authority and the consultant (if any);

c) Thematic reports (specifying their makers); data sheets (specifying sources of data);

d) Maps and diagrams specified in Decree No. 92/2006/ND-CP;

dd) Report on verification of strategic environment assessment report (if any);

e) Decision on approval for planning outlines, objectives, and cost estimate for approval;

g) Written opinions provided by relevant Ministries, regulatory bodies, and local governments, and organizations;

h) Internal assessment report (in response to opinions provided by relevant agencies and units).

2. Minimum quantities of master plan document sets:

a) For socio-economic development master plan of a region or special territory: 20 sets;

b) For an industry, sector and key product development master plan developed by a Ministry or Governmental agency: 15 sets;

c) For a socio-economic development master plan of a province: 15 sets;

d) For a socio-economic development master plan of a district: 12 sets;

dd) For an industry, sector and key product development master plan of a province: 12 sets.

The master plan assessment unit may request the planning authority to provide additional sets of documents at the request of the assessment council.

3. If the documents are not satisfactory, within 05 working days from the day on which they are received, the master plan assessment unit shall send a written notification to the planning authority.

Article 17. Seeking opinions during the process of master plan project assessment

1. Within 05 working days from the issuance date of the decision on establishment of the assessment council, the master plan assessment unit shall send master plan project documents to members of the assessment council to seek opinions.

2. Within 15 working days from the day on which master plan project documents are received, members of the assessment council shall send their written opinions of the master plan assessment unit.

Article 18. Meeting of assessment council

1. Within 15 working days from the day on which written opinions from members of assessment council are received, the master plan assessment unit shall request the chairperson of the assessment council to convene a meeting to assess the master plan project.

2. Conditions for initiating a meeting:

a) The meeting is participated by at least two third of the assessment council members, including the chairperson, 01 critic, and 01 standing member of the assessment council;

b) The meeting is attended by a representative of the planning authority and the consultant (if any).

3. Chairperson of the assessment council shall decide whether to invite people other than assessment council members to attend the meeting. Invited participants may offer their opinions during the meeting but shall not vote.

4. The meeting agenda is specified in Appendix 4.

5. Documents to be approved at the meeting include:

a) The meeting minutes of the assessment council;

b) Record on vote counting;

c) Conclusion of the assessment council.

Article 19. Vote on master plan project

1. Assessment council members shall take a vote on the master plan project (the vote specimen is provided in Appendix 5).

2. Result of master plan project assessment:

a) The master plan project is approved it is assessed by at least two third of the assessment council members and voted for by at least 50% of the assessment council members.

The master plan project has to be adjusted if there is a request for adjustment;

b) The master plan project is not approved it is voted against by more than one third of the assessment council members.

Article 20. Tasks to be performed after the assessment council meeting

Within 10 working days from the end of the assessment council meeting, the assessment unit shall send the written conclusion of the assessment council to the planning authority and cooperate with it in performing the following tasks:

1. if the master plan project is approved without necessary adjustments, the assessment unit shall cooperate with the planning authority in compiling the application for master plan approval.

2. The master plan project is approved with adjustments:

a) The master plan assessment unit shall:

- Receive adjusted master plan project documents seek opinions from assessment council members (if required by the assessment council);

- Examine documents, aggregate opinions of assessment council members (if any), and submit a report to the chairperson of the assessment council for decision.

If the master plan project is not satisfactory, the master plan assessment unit shall request the planning authority in writing to complete the master plan project documents.

b) The planning authority shall:

- Complete the master plan project documents according to the conclusion of the assessment council;

- Submit the complete master plan project documents to the master plan assessment unit enclosed with an explanation for opinions provided by the assessment council.

3. If the master plan project is not approved, the planning authority shall:

- Study the re-development of the master plan;

- pay the costs incurred during the process of re-development and re-assessment of the master plan project.

Article 21. Master plan project assessment report

Within 10 working days from the day on which master plan project documents are completed by the planning authority at the request of the assessment council, the master plan assessment unit shall make an assessment report, the main content of which is specified in Appendix 6, and submit it to the chair person of the assessment council for approval.

For master plan projects developed by the Ministry of Planning and Investment and master plan projects within the competence of President of the People’s Committees of provinces, the master plan project assessment report shall contain opinions about: appropriateness of the key works or targets, suitability for the scale, progress, priority, and available resources.

SECTION 2. MASTER PLAN APPROVAL

Article 22. Seeking opinions from the Ministry of Planning and Investment about master plan project before submitting it for approval

1. Projects that need opinions:

a) Master plan projects within the competence of the Prime Minister;

b) Master plan projects within the competence of Ministers, Heads of ministerial agencies and Governmental agencies.

2. Opinions are about: appropriateness of the key works or targets, suitability for the scale, progress, priority, and available resources.

3. Documents submitted by the presiding authority to the Ministry of Planning and Investment for opinions include:

a) An enquiry sheet;

b) The master plan development report;

c) Maps and diagrams;

d) A master plan project assessment report;

dd) Explanation for opinions provided by relevant agencies (enclosed with their copies);

e) A draft decision on master plan approval (the specimen is provided in Appendix 7).

4. Within 15 working days from the day on which documents are received, the Ministry of Planning and Investment offers its opinions in writing about the issues specified in Clause 2 of this Article.

Article 23. Submission of master plan project to the People’s Council

Before the socio-economic development master plan project of a province (opinions on which have been provided by the Ministry of Planning and Investment as prescribed in Article 22 hereof) or an industry, sector and key product development master plan of a province (opinions on which have been provided by the Department of Planning and Investment in the master plan project assessment report as prescribed in Article 21 hereof) is submitted for approval, it must be submitted to the People’s Council of the province in accordance with Article 11 of the Law on Organization of the People’s Councils and the People’s Committees.

Article 24. Master plan submission and approval

1. Power to approve master plans

Power to approve socio-economic development master plans is specified in Clause 18 Article 1 of Decree No. 04/2008/ND-CP.

2. Responsibility to submit master plans for approval:

a) The Ministry of Planning and Investment shall submit socio-economic development master plans of socio-economic regions and special territories;

b) Ministries and Governmental agencies shall submit industry, sector and key product development master plans within the competence of the Prime Minister;

c) Socio-economic development master plans of provinces shall be submitted by the People’s Committees of the same provinces;

d) Industry, sector and key product development master plans within the competence of Ministries, regulatory bodies shall be submitted by master plan assessment units affiliated to such Ministries and Governmental agencies;

dd) Industry, sector and key product development master plans of provinces and socio-economic development master plans of districts shall be submitted by Departments of Planning and Investment.

3. An application for master plan project approval consists of:

a) An application form;

b) A complete general report and brief report on the master plan on A4 papers, bound; the sub-cover of which shall contain the signatures and seals of the head of the planning authority and the consultant (if any);

c) Mandatory maps and diagrams;

d) Report on verification of strategic environment assessment report (if any);

dd) A master plan project assessment report;

e) A document of the Ministry of Planning and Investment specified in Article 22 hereof;

g) A resolution of the People’s Council of the province on the master plan project as prescribed in Article 23 hereof;

h) A draft decision on master plan approval.

Chapter 4.

MASTER PLAN ADJUSTMENTS

Article 25. Cases of master plan adjustments

A master plan is adjusted in the following cases:

1. There is changes to the nationwide socio-economic development strategy or a master plan of a higher level, or changes to administrative division that greatly affect the nature, functions, or scale of the planning area;

2. Establishment of key projects of national importance greatly affects land use, environment, placement of infrastructural works;

3. The master plan implementation has negative effects on socio-economic development, national defense and security, social security, environment, or cultural heritage according to assessment of master plan implementation and public comments;

4. There are fluctuation in climate, geology, hydrography, or National defense and security that affect the target or development orientation of the industry, sector, area;

5. The adjustments are requested by the person having the power to approve the master plan.

Article 26. Forms of master plan adjustments

1. Overall adjustments:

a) Overall adjustments to a master plan shall be made when the targets and development orientation are changed. overall adjustments shall be periodically considered every 05 years and at the request of the person having the power to approve the master plan.

b) Overall adjustments to the master plan must satisfy requirements in reality, suitable for socio-economic development tendency, ensures connectivity and harmony with relevant master plans; ensure continuity and no major impacts on development investment projects being executed.

2. Partial adjustments:

a) Partial adjustments shall be made when the adjustments do not affect the development orientation and targets, the content and plan for implementation of the development master plan approved;

b) It is required that the scope and extent of partial adjustments be specific, continuity and harmony of the master plan, connectivity with relevant master plans be ensured; reasons for adjustments, socio-economic-environmental effects of adjustments, solutions for issues arising from such adjustments be clarified.

Article 27. Proposing master plan adjustments

1. Power to propose adjustments

a) The presiding authority shall propose adjustments to master plans within the competence of the Prime Minister;

b) The planning authority shall propose adjustments to master plans within the competence of Ministers, Heads of ministerial agencies and Governmental agencies, and Presidents of the People’s Committees of provinces.

2. Proposal contents:

a) Reasons for adjustments;

b) Proposed adjustments;

c) Estimated cost of adjustments.

3. Approving adjustments

The person having the power to approve the master plan specified in Clause 18 of Decree No. 04/2008/ND-CP also has the power to approve adjustments to such master plan. The approval for adjustments to a master plan shall be notified in writing.

Article 28. Making overall adjustments

1. Procedures for making overall adjustments are the same as those for developing a new master plan specified in this Circular.

2. the planning authority shall make a report on implementation of the master plan approved, which is the basis for making adjustments.

Article 29. Assessment of partial adjustments

1. The planning authority shall send documents about partial master plan adjustments to the master plan assessment unit to seek opinions from relevant agencies.

2. Documents about partial master plan adjustments include:

a) The written approval for master plan adjustments specified in Clause 3 Article 27 hereof;

b) A draft partial master plan adjustments;

c) A report containing explanation for partial master plan adjustments

d) Maps and diagrams to illustrate the adjustments;

3. Gathering opinions and completing documents.

the master plan assessment unit shall gather opinions and cooperate with the planning authority in completing documents about partial master plan adjustments.

Article 30. Submitting and approving partial master plan adjustments

1. Power to approve partial master plan adjustments

The person having the power to approve a master plan shall consider approving partial adjustments to such master plan.

2. Responsibility to submit partial master plan adjustments

The responsibility to submit partial master plan adjustments is the same as that to submit the master plan for approval specified in Clause 2 Article 24 hereof.

3. Application for approval for partial master plan adjustments

a) A written request for approval for partial master plan adjustments;

b) A report containing explanation for the partially adjusted master plan on A4 papers, bound; the sub-cover of which shall contain the signatures and seals of the head of the planning authority and the consultant (if any);

c) Maps and diagrams to illustrate the adjustments;

d) Report on adoption of opinions provided by relevant agencies (enclosed with their copies);

dd) A resolution of the People’s Council of the province (for adjustments to socio-economic development master plans and industry, sector and key product development master plans of provinces);

e) A draft decision on approval for partial master plan adjustments (the specimen is provided in Appendix 8).

Chapter 5.

MASTER PLAN ANNOUCEMENT

Article 31. Forms of master plan announcement

The announcement of a master plan (except for those containing classified contents prescribed by law) shall be carried out in one or some of the following manners:

1. Convention, conference, press conference participated by representatives of relevant organizations, Fatherland Front agencies, representatives of the people in the planning areas, and press agencies.

2. announcement through mass media such as radio, television, newspapers, official websites of master plan management authorities.

3. Publications in the form of books or discs containing the master plan, maps, and regulations on management and implementation of the master plan (if any).

Article 32. Content of master plan announcement

Content of announcement of a socio-economic development master plan:

1. The decision on master plan approval;

2. Planning maps;

3. List of investment projects given priority (names, locations; scales/capacities; estimated progress, etc.).

Chapter 6.

IMPLEMENTATION

Article 33. Effect

1. This Circular comes into force from December 15, 2013.

2. This Circular replaces:

a) Circular No. 01/2007/TT-BKH dated February 07, 2007 of the Ministry of Planning and Investment on guidelines for some Article of Decree No. 92/2006/ND-CP;

b) Circular No. 03/2008/TT-BKH dated July 01, 2008 of the Ministry of Planning and Investment on guidelines for some Article of Decree No. 04/2008/ND-CP.

3. All previous regulations that contradict this Circular are annulled.

Article 34. Transition

1. The master plan projects whose planning outlines, objectives, and cost estimate are approved before the effective date of this Circular may be carried on in accordance with previous guidance.

2. The master plan projects whose planning outlines, objectives, and cost estimate have not been approved by the effective date of this Circular shall follow guidance in this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration./.

APPENDIX 1

DECISION

APPROVAL FOR PLANNING OUTLINES, OBJECTIVES, AND COST ESTIMATE OF MASTER PLAN … (3) ...

…(4)...

Pursuant to functions, duties, and organizational structure of … ;

Pursuant to the Government's Decree No. 92/2006/ND-CP dated September 07, 2006 on development, approval, and management of socio-economic development master plans;

Pursuant to the Government's Decree No. 04/2008/ND-CP dated January 11, 2008 on amendments to the Government's Decree No. 92/2006/ND-CP on development, approval, and management of socio-economic development master plans;

Pursuant to Circular No. 01/2012/TT-BKHDT dated February 09, 2012 of the Minister of Planning and Investment providing guidance on determination of costs of development, assessment, approval, and announcement of socio-economic development master plans and industry, sector and key product development master plans;

Pursuant to Circular No. … /2013/TT-BKHDT of the Minister of Planning and Investment providing guidance on development, assessment, approval, revision, and announcement of socio-economic development master plans and industry, sector and key product development master plans;

Pursuant to … (instructional documents of the Government, provincial governments or managing Ministries that require planning);

In consideration of result of assessment of planning outlines, objectives, and cost estimate of master plan … (3);

At the request of … (5),

DECIDES:

Article 1. Planning outlines, objectives, and cost estimate of master plan with the details below are approved:

1. Name of the master plan project: … (3) ...

2. Planning authority …

3. Targets and requirements of the master plan project: …

4. Scope and period of the master plan.

5. Objectives of the master plan project:

6. Products of the master plan project … (general report, thematic reports, maps, etc.).

7. Estimated cost of implementation: … (in numbers and in words).

8. Implementation schedule: …

(Enclosed with planning outlines, objectives, and cost estimate)

Article 2. This decision comes into force from the day on which it is signed.

Article 3. Responsibility of relevant agencies for implementation of this Decision./.

Notes:

(1) The planning authority.

(2) The year in which planning outlines, objectives, and cost estimate are approved.

(3) Name of the master plan.

(4) The person having the power to approve planning outlines, objectives, and cost estimate.

(5) The planning authority (which submits the planning outlines, objectives, and cost estimate for approval).

APPENDIX 2

COMPOSITION OF MASTER PLAN PROJECT ASSESSMENT COUNCIL
(Enclosed with Circular No.  05/2013/TT-BKHDT dated October 31, 2013)

APPENDIX 3

DECISION ON ESTABLISHMENT OF MASTER PLAN PROJECT ASSESSMENT COUNCIL (3) ...

…(4)…

Pursuant to functions, duties, and organizational structure of … (1) ;

Pursuant to the Government's Decree No. 92/2006/ND-CP dated September 07, 2006 on development, approval, and management of socio-economic development master plans;

Pursuant to the Government's Decree No. 04/2008/ND-CP dated January 11, 2008 on amendments to the Government's Decree No. 92/2006/ND-CP on development, approval, and management of socio-economic development master plans;

Pursuant to Circular No. … /2013/TT-BKHDT of the Minister of Planning and Investment providing guidance on development, assessment, approval, revision, and announcement of socio-economic development master plans and industry, sector and key product development master plans;

At the request of … (5),

DECIDES:

Article 1. A master plan project assessment council … (3)… which consists of the persons below (specific names, workplaces, positions in the council required) is established

Article 2. Duties and entitlements of the council.

Article 3. Funding

Article 4. The assessment council …(3) works part-time and automatically dissolves after its duties are fulfilled.

Article 5. Responsibility of relevant agencies for implementation of this Decision./.

Notes:

(1) The planning authority.

(2) The year in which the assessment council is established.

(3) Name of the master plan project.

(4) Head of (1)

(5) Master plan assessment unit.

APPENDIX 4

MASTER PLAN PROJECT ASSESSMENT MEETING AGENDA
(Enclosed with Circular No.  05/2013/TT-BKHDT dated October 31, 2013)

A master plan project assessment meeting shall have the following steps:

1. The chairperson opens the meeting.

2. The standing member of reads out loud the decision on establishment of the assessment council, introduce the participants, and briefly reports the opinions of the master plan assessment unit about the master plan project documents.

3. Assessment council members and participants offer opinions about the composition of the council and project documents.

4. The competent representative of the planning authority or advisory organization authorized by the planning authority briefly presents the master plan project.

5. Critics make comments on the master plan project.

6. Assessment council members and participants offer opinions about the master plan.

7. The standing member of the council reads out loud the comments of absent members, report on verification of strategic environment assessment, report on opinions of relevant agencies, consultancy at other conventions and conferences (if any).

8. The representative of the planning authority or advisory organization provides explanation.

9. Assessment council members take a vote on the master plan project (The standing member hand out a number of votes equal to the number of council members who attend the meeting. The specimen of the vote is provided in Appendix 5).

10. The council approves the following documents:

a) The meeting minutes of the assessment council;

b) Record on vote counting;

c) Conclusion of the assessment council.

11. The chairperson closes the meeting.

APPENDIX 5

SPECIMEN OF THE VOTE OF ASSESSMENT COUNCIL MEMBERS
 (Enclosed with Circular No.  05/2013/TT-BKHDT dated October 31, 2013)

VOTE OF ASSESSMENT COUNCIL MEMBER

Master plan project ...(3) ...

Voter’s name:

Position:

Position in the council: ……………………. (Under decision on establishment of master plan project assessment council ……(3)......  No. … dated … by … (1) …)

Voter’s choice

1. Approve the master plan project without adjustments: □

2. Approve the master plan project with some adjustments: □

Proposed adjustments: ......................................................................................

.......................................................................................................................................

3. Do not approve the master plan project: □

Reason for disapproval:.....................................................................................................

4. Recommendations to relevant agencies, consulting unit, master plan assessment unit, and the person having the power to approve the master plan (if any):

.......................................................................................................................................

Notes:

(1) The authority assigned to assess the master plan project.

(2) The year in which the master plan project is assessed.

(3) Name of the master plan project.

APPENDIX 6

MAIN CONTENT OF REPORT ON MASTER PLAN PROJECT ASSESSMENT
(Enclosed with Circular No.  05/2013/TT-BKHDT dated October 31, 2013)

Main contents of the report on master plan project assessment:

Brief introduction of the basis for assessing the master plan and assessment progress.

I. Legality of master plan documents

1. Comments on the master plan documents submitted for assessment

2. Legality of master plan documents

II. Summary of opinions of relevant agencies and units

III. Summary of the master plan content

IV. Comments of the assessment council

1. About the legal, scientific basis, reliability of data used for developing the master plan.

2. Suitability of the master plan for the nationwide socio-economic development strategy, socio-economic development master plans at various levels, and master plans for development of relevant industries and sectors.

3. About primary targets and objectives of the master plan.

4. About the harmony of the master plan with other relevant master plans.

5. About the solutions for implementation of the master plan.

6. About programs and projects given priority.

V. Recommendations and proposals

VI. Opinions of the Ministry of Planning and Investment (if the master plan is developed by the Ministry of Planning and Investment) or the Department of Planning and Investment (if the master plan is within the competence of the People’s Committee of the province) about the appropriateness of the key works or targets, suitability for the scale, progress, priority, and available resources.

APPENDIX 7

DECISION ON MASTER PLAN APPROVAL

...(3)...

THE PRIME MINISTER or …(4)…

Pursuant to the Law on Government organization dated December 25, 2001 (if the Decision is issued by the Prime Minister);

Pursuant to functions, duties, and organizational structure of …(1)… (if the Decision is issued by a Minister or President of the People’s Committee of the province);

Pursuant to the Government's Decree No. 92/2006/ND-CP dated September 07, 2006 on development, approval, and management of socio-economic development master plans;

Pursuant to the Government's Decree No. 04/2008/ND-CP dated January 11, 2008 on amendments to the Government's Decree No. 92/2006/ND-CP on development, approval, and management of socio-economic development master plans;

At the request of … (5),

DECIDES:

Article 1. Master plan …(3)… with the main contents below is approved:

1. Viewpoint on development

2. Development targets

a) Overall targets

b) Specific targets

3. Master plan content

4. List of projects given priority

5. Solutions for implementation of the master plan

Article 2. Implementation of the master plan

Article 3. This decision comes into force from the day on which it is signed. (in case of adjusted master plan: and replaces Decision No. …)

Article 4. Responsibility of relevant agencies for implementation of this Decision./.

APPENDIX

List of programs/projects given priority
(enclosed with Decision No. … dated … by the Prime Minister or …(4)…)

Notes:

(1) The planning authority.

(2) The year in which the master plan is approved.

(3) Name of the master plan.

(4) The person having the power to approve the master plan

(5) The authority that submits the master plan for approval.

APPENDIX 8

DECISION ON APPROVAL FOR PARTIAL MASTER PLAN ADJUSTMENTS

...(3)...

THE PRIME MINISTER or …(4)…

Pursuant to the Law on Government organization dated December 25, 2001 (if the Decision is issued by the Prime Minister);

Pursuant to functions, duties, and organizational structure of …(1)… (if the Decision is issued by a Minister or President of the People’s Committee of the province);

Pursuant to the Government's Decree No. 92/2006/ND-CP dated September 07, 2006 on development, approval, and management of socio-economic development master plans;

Pursuant to the Government's Decree No. 04/2008/ND-CP dated January 11, 2008 on amendments to the Government's Decree No. 92/2006/ND-CP on development, approval, and management of socio-economic development master plans;

At the request of … (5),

DECIDES:

Article 1. Partial adjustments to …(3)… with the main contents below are approved:

……

Article 2.

This decision is an integral part of Decision No. …(6)… dated … and comes into force from the day on which it is signed.

Article 3. Responsibility of relevant agencies for implementation of this Decision./.

Notes:

1. Workplace of the person having the power to approve the master plan.

2. The year in which the master plan is approved.

3. Name of the master plan.

4. The person having the power to approve the master plan.

5. The authority that submits the master plan for approval.

6. Number and date of the decision on master plan approval (3)