(MPI) - At the 8th Session, the 15th National Assembly passed Law No. 57/2024/QH15 dated November 29, 2024 amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the Public-Private Partnership model and the Law on Bidding. Pursuant to the provisions of the Law on Promulgation of Legal Documents and the direction of the Prime Minister, the Ministry of Planning and Investment has developed a Decree amending and supplementing a number of articles of Decree No. 37/2019/ND-CP dated May 7, 2019 of the Government detailing the implementation of a number of articles of the Law on Planning, which has been amended and supplemented by a number of articles under Decree No. 58/2023/ND-CP dated August 12, 2023 of the Government.
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Based on the opinions of Government members, on February 7, 2025, the Ministry of Planning and Investment submitted Document No. 860/TTr-BKHĐT to the Government on the promulgation of a Decree amending and supplementing a number of articles of Decree No. 37/2019/ND-CP dated May 7, 2019 of the Government detailing the implementation of a number of articles of the Law on Planning, which has been amended and supplemented by a number of articles according to Decree No. 58/2023/ND-CP dated August 12, 2023 of the Government.
According to the Submission, the Government members fully agree with the content of the draft Decree amending and supplementing a number of articles of Decree No. 37/2019/ND-CP. To complete the draft Decree, the Ministry of Planning and Investment has received comments and completed the Draft. The Ministry of Planning and Investment has adjusted the provisions in Clause 4, Article 1 of the draft Decree in the direction of adjusting the name of Article 3a "Article 3a. Other legal capital sources for planning activities" to "Article 3a. Other legal capital sources for planning preparation, publication and adjustment" to comply with the provisions in Clause 1, Article 9 of the Law on Planning as amended and supplemented in Clause 2, Article 1 of Law No. 57/2024/QH15; At the same time, the Ministry of Planning and Investment has adjusted the relevant contents in Clauses 2 and 3 of Article 3a to conform to the content of the article's title, clarified the provisions in Clause 4 on the authority to receive other legal capital sources and clearly defined the responsibilities of the agency assigned to manage and use other legal capital sources for the preparation, announcement and adjustment of planning in Clause 5 to avoid duplication.
Regarding the content of reviewing and amending a number of regulations related to planning content: in Appraisal Report No. 03/BCTĐ-BTP dated January 4, 2025, the Ministry of Justice proposed to only specify in detail the contents of Law No. 57/2024/QH15 that the Government is assigned to specify in detail, and at the same time review and remove the contents of Law No. 57/2024/QH15 that the Government is not assigned to specify in detail in the draft Decree. Therefore, the Ministry of Planning and Investment proposed that the draft Decree submitted to the Government for promulgation only focus on the contents that the National Assembly assigned the Government to specify in detail in Law No. 57/2024/QH15 and amend and supplement a number of regulations that are no longer appropriate and urgent because they have been amended and supplemented in Law No. 57/2024/QH15 to ensure the drafting of the Decree in accordance with the correct order and simplified procedures.
On the other hand, currently all planning in the national planning system for the period 2021-2030, with a vision to 2050 as prescribed by the Law on Planning, has been appraised and decided or approved by competent authorities; the amendment of regulations related to planning content to comply with the provisions of a number of Laws passed by the 15th National Assembly at the 8th session related to planning content will be studied by the Ministry of Planning and Investment, specific impact assessment and completion of the draft Law on Planning adjustment to submit to the Government to report to the 16th National Assembly for consideration and promulgation after a comprehensive review and assessment of the implementation of the Law on Planning. In case some planning for the 2021-2030 period, with a vision to 2050, need to be adjusted, the planning-related content in some Laws passed by the 15th National Assembly at the 8th session must be updated into the planning to be submitted to the competent authority for decision or approval according to regulations.
The report of the Ministry of Planning and Investment also explains and clarifies the contents of not implementing the 5-year security land use plan; about amending Clause 4, Article 3a1 in the direction: In the process of making technical and specialized plans, if there are elements that are not consistent with the national, regional, and provincial plans but need to be implemented to suit practical conditions, the agency assigned to organize the making of technical and specialized plans shall report to the agency organizing the making of national, regional, and provincial plans as a basis for implementation. The contents that have been approved by competent authorities and approved in technical and specialized plans must be updated in the national, regional, and provincial plans for management; Adjust Clause 3, Article 3a1 of the draft Decree to “Technical and specialized planning with scope at the provincial level must be consistent with the national planning that it specifies and the provincial planning, except for technical and specialized planning that specifies national sectoral planning and regional planning. In case technical and specialized planning with scope at the provincial level conflict with each other, they must be adjusted and implemented according to the national sectoral planning that it specifies and the provincial planning;…
Based on the opinions of the Government members, the Ministry of Planning and Investment has reviewed the entire content to complete the draft Decree. The completed draft Decree includes 04 articles and 01 Appendix, of which Article 1 stipulates the content of amendments and supplements to the provisions of Decree No. 37/2019/ND-CP, which has been amended and supplemented by a number of articles under Decree No. 58/2023/ND-CP; Article 2 stipulates the abolition of a number of articles, clauses and points of Decree No. 37/2019/ND-CP, which has been amended and supplemented by a number of articles under Decree No. 58/2023/ND-CP; Article 3 stipulates the transitional provisions; Article 4 stipulates the effective date and Appendix VI stipulates the form of ad hoc assessment report on planning implementation and planning activity report.
Regarding the scope of regulation: This Decree details a number of contents in Articles 6, 9, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 30, 37, 40, 41, 45, 49 and 54a of the Law on Planning.
This Decree applies to agencies, organizations and individuals participating in the preparation, appraisal, decision or approval, promulgation, implementation, assessment and adjustment of national planning, regional planning, provincial planning and other relevant agencies, organizations and individuals.
Decree amending and supplementing Article 2 of Decree No. 37/2019/ND-CP; Adding Article 3al and Article 3a2 before Article 3a of Decree No. 37/2019/ND-CP which was added in Clause 2, Article 1 of Decree No. 58/2023/ND-CP; Article 3a2. Developing capital plans, making regular expenditure estimates for planning activities; Article 3a. Other legal sources of capital for planning preparation, publication, and adjustment; Article 6a. Criteria for ad hoc assessment of planning implementation; Article 7. Criteria for assessing planning implementation periodically every 5 years; Article 7a1. Procedure for preparing national master plans, national marine spatial plans, national land use plans; Article 9. Responsibilities of agencies preparing national master plans, national marine spatial plans, national land use plans, and regional plans; Article 10. Responsibilities of the national sector planning agency; Article 11. Responsibilities of the provincial planning agency; Article 13. Responsibilities of relevant agencies, organizations, and district-level People's Committees assigned to propose content for inclusion in the provincial planning; Article 19a. Adjusting planning tasks; Article 38d. Procedures for adjusting planning implementation plans; Article 38d. Adjusting planning according to shortened procedures.
The draft also abolishes a number of articles of Decree No. 37/2019/ND-CP which have been amended and supplemented by Decree No. 58/2023/ND-CP, including: Abolishing Clauses 1, 2 and 3, Article 3 of Decree No. 37/2019/ND-CP; abolishing Clause 2, Article 7b of Decree No. 37/2019/ND-CP which has been supplemented in Clause 3, Article 1 of Decree No. 58/2023/ND-CP; Abolishing Point d, Clause 2, Article 8 of Decree No. 37/2019/ND-CP which has been supplemented in Clause 4, Article 1 of Decree No. 58/2023/ND-CP.
Abolish Article 12 of Decree No. 37/2019/ND-CP as amended and supplemented in Clause 8, Article 1 of Decree No. 58/2023/ND-CP. Abolish Point d, Clause 1, Article 16 of Decree No. 37/2019/ND-CP. Abolish Point c, Clause 5, Article 18 of Decree No. 37/2019/ND-CP. Abolish Point e and Point g, Clause 2, Article 19 of Decree No. 37/2019/ND-CP.
Abolish Clause 8, Article 28 of Decree No. 37/2019/ND-CP as amended and supplemented in Clause 10, Article 1 of Decree No. 58/2023/ND-CP. Abolish Clause 10, Section B, Part IX, Appendix I of Decree No. 37/2019/ND-CP as amended and supplemented in Clause 25, Article 1 of Decree No. 58/2023/ND-CP./.
Source: https://www.mpi.gov.vn/portal/Pages/2025-2-11/Xay-dung-Nghi-dinh-quy-dinh-chi-tiet-thi-hanh-mot-fjpixu.aspx
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