Decree No. 22/2025/ND-CP dated February 11, 2025 on amendments to Decree No. 37/2019/ND-CP on elaboration on the law on planning amended by Decree No. 58/2023/D-CP

DECREE

AMENDMENTS TO DECREE NO. 37/2019/ND-CP DATED MAY 7, 2019 OF THE GOVERNMENT OF VIETNAM ON ELABORATION ON THE LAW ON PLANNING AMENDED BY DECREE NO. 58/2023/ND-CP DATED AUGUST 12, 2023 OF THE GOVERNMENT OF VIETNAM

Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of the Local Government dated November 22, 2019;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law on amendments to the Law on Planning, Law on Investment, Law on Public-Private Partnership Investment, and Law on Bidding dated November 29, 2024;

At the request of the Minister of Planning and Investment of Vietnam;

The Government of Vietnam hereby promulgates the Decree on amendments to Decree No. 37/2019/ND-CP dated May 7, 2019 of the Government of Vietnam on elaboration on the Law on Planning amended by Decree No. 58/2023/ND-CP dated August 12, 2023 of the Government of Vietnam.

Article 1. Amendments to Decree No. 37/2019/ND-CP dated May 7, 2019 of the Government of Vietnam on elaboration on the Law on Planning amended by Decree No. 58/2023/ND-CP dated August 12, 2023 of the Government of Vietnam

1. Amendments to Article 1 of Decree No. 37/2019/ND-CP , amended by Clause 1 Article 1 of Decree No. 58/2023/ND-CP:

“Article 1. Scope

This Decree elaborates some contents specified 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.”.

2. Amendments to Article 2 of Decree No. 37/2019/ND-CP:

“Article 2. Regulated entities

This Decree applies to agencies, organizations, and individuals involved in the formulation, appraisal, decision or approval, announcement, implementation, adjustment, and assessment of national planning, regional planning, and provincial planning and other relevant agencies, organizations, and individuals.”.

3. Addition of Articles 3a1 and 3a2 to before Article 3a of Decree No. 37/2019/ND-CP , amended by Clause 2 Article 1 of Decree No. 58/2023/ND-CP:

“Article 3a1. Relations between technical and specialized planning and national planning, regional planning, and provincial planning

1. Technical and specialized planning with a nationwide scope or a scope concerning two regions or more shall conform with the national comprehensive planning or national sector planning, which such technical and specialized planning concretizes. Where multiple technical and specialized plannings with a nationwide scope or a scope concerning two regions or more have conflicts with each other, they shall be adjusted and implemented under the national comprehensive planning or national sector planning they concretize.

2. Technical and specialized planning with a scope concerning two provinces or more shall conform with the national sector planning it concretizes and the relevant regional planning. Where multiple technical and specialized plannings with a scope concerning two provinces or more have conflicts with each other, they shall be adjusted and implemented according to the regional planning and national sector planning they concretize.

3. Technical and specialized planning with a scope concerning a provincial area shall conform with the national sector planning it concretizes and the relevant provincial planning. Where multiple technical and specialized plannings with a scope concerning a provincial area have conflicts with each other, they shall be adjusted and implemented according to the national sector planning they concretize and the relevant provincial planning.

4. During the formulation of technical and specialized planning prescribed in Clauses 1, 2, and 3 of this Article, upon elements requiring implementation for conformity with practical conditions that are unconformable with the national planning, regional planning, or provincial planning that the relevant planning concretizes, agencies assigned to organize the formulation technical and specialized planning shall submit reports to agencies organizing the formulation of the national planning, regional planning, and provincial planning for consideration and presentation to competent authorities for adjustments to planning according to Article 53 or Article 54a of the Law on Planning.

Approval for technical and specialized planning shall be carried out after the national planning, regional planning, or provincial planning it concretizes is adjusted under planning laws.

Article 3a2. Development of capital plans and preparation of estimates of recurrent expenditures on planning operations

1. Ministries, ministerial agencies, and provincial People's Committees shall develop capital plans for the formulation, adjustment, and announcement of national planning, regional planning, and provincial planning according to public investment laws.

2. Preparation of estimates of recurrent expenditures on planning operations:

a) Any Ministry assigned to formulate national land use planning or organize the formulation of planning for the use of national defense land or security land shall prepare estimates of expenditure in the estimate of the Ministry’s planning year for the formulation of national land use planning or planning for the use of national defense land or security land according to state budget laws;

b) Ministries, ministerial agencies, and provincial People’s Committees shall prepare the estimates of expenditures in the estimate of their planning year for the formulation of planning formulation tasks, planning formulation task adjustment, planning assessment, and planning adjustment according to simplified procedures for national planning, regional planning, and provincial planning according to state budget laws;

c) Standing agencies of appraisal councils for tasks of formulating national planning, regional planning, and provincial planning shall prepare the estimates of expenditures in the expenditure of relevant ministries or ministerial agencies’ planning year for the appraisal of planning formulation tasks according to state budget laws;

d) Standing agencies of appraisal councils for national planning, regional planning, and provincial planning shall prepare the estimates of expenditures in the estimate of the relevant ministries or ministerial agencies’ planning year for planning appraisal and planning adjustment appraisal according to state budget laws.”.

4. Amendments to Article 3a of Decree No. 37/2019/ND-CP , amended by Clause 1 Article 1 of Decree No. 58/2023/ND-CP:

“Article 3a. Other legal capital sources for formulating, announcing, and adjusting planning

1. Other legal capital sources for formulating, announcing, and adjusting planning include support sources of domestic and foreign organizations and individuals prescribed in Clause 2 of this Article.

2. Support sources of domestic and foreign organizations and individuals include funding; research results of agencies, organizations, and experts; award sponsorships for organizations and individuals with planning ideas selected based on the results of competitions for planning ideas organized by planning formulation agencies (if any); support for the organization of conferences, seminars, drills, research, surveys, and training sessions; planning products; documents serving planning formulation received, managed, and used as follows:

a) Support resources of funding from domestic and foreign agencies, organizations, and individuals received, managed, and used according to state budget laws;

b) Support resources of foreign agencies and organizations received, managed, and used according to the law on the management and use of official development assistance (ODA), concessional loans, and grants other than ODA grants, which are given by foreign agencies, organizations, and individuals to Vietnam;

c) Support resources of research results of agencies, organizations, and experts; award sponsorships for organizations and individuals with planning ideas selected based on the results of competitions for planning ideas organized by planning formulation agencies (if any); support for the organization of conferences, seminars, drills, research, surveys, and training sessions; documents serving planning formulation received, managed, and used according to planning laws and relevant laws;

d) Regarding support sources of products that are planning records and planning adjustment records, sponsors shall decide on the implementation cost and form of the selection of counseling organizations for planning formulation and planning adjustment formulation.

3. Principles of supporting and using other legal capital sources for formulating, announcing, and adjusting planning

a) Ensure voluntariness; prevent acts that affect common benefits of communities and society for sponsors’ benefits and acts of profiteering;

b) Ensuring objectivity, publicity, transparency, proper targets, purposes, thrift, and effectiveness.

4. Authority to receive other legal capital sources for formulating, announcing, and adjusting planning shall be carried out as follows:

a) The Ministry assigned to formulate national comprehensive planning, national marine spatial planning, and national land use planning shall present the Government of Vietnam with decisions on the receipt of other legal capital sources for formulating, announcing, and adjusting planning regarding national comprehensive planning, national marine spatial planning, and national land use planning;

b) Agencies organizing the formulation of national sector planning shall decide on the receipt of other legal capital sources for formulating, announcing, and adjusting planning regarding national sector planning;

c) The Ministry assigned to formulate regional planning shall present the Prime Minister of Vietnam with decisions on the receipt of other legal capital sources for formulating, announcing, and adjusting planning regarding regional planning;

d) Provincial People’s Committees shall decide on the receipt of other legal capital sources for formulating, announcing, and adjusting planning regarding provincial planning.

5. Agencies assigned to manage and use other legal capital sources for formulating, announcing, and adjusting planning shall assume responsibility for the management and use according to laws relevant to the receipt of support resources and planning laws.

6. The formulation, appraisal, and decision or approval and adjustment to planning and announcement and provision of information on planning in case of using other legal capital sources shall comply with planning laws.”.

5. Amendments to Article 6 of Decree No. 37/2019/ND-CP:

a) Amendments to Clause 1:

“1. Assessment of planning implementation shall be carried out irregularly or every 5 years from the start of the planning period according to Clause 2 Article 49 and Article 50 of the Law on Planning and this Decree.”;

b) Amendments to Clause 3:

“3. Reports on the 5-year periodic assessment of planning implementation shall be included in reports on planning operations according to Clause 2 Article 48 of the Law on Planning.”.

6. Addition of Article 6a to after Article 6 of Decree No. 37/2019/ND-CP:

“Article 6a. Criteria for irregular assessment of planning implementation

1. General assessments of the implementation of the development orientations of sectors and fields and the organization of socio-economic development spaces in national comprehensive planning, national marine spatial planning, and national land use planning; development orientations of sectors and fields and the organization of socio-economic development spaces in national sector planning and regional planning; schemes to develop sectors and fields and organize socio-economic development spaces in provincial planning.

2. Assessments of project implementation according to the following contents:

a) List of projects that have been and are currently being implemented;

b) List of expected key projects and prioritized projects in the planning period that have yet to be implemented; causes.

3. General assessments of the results of the implementation of socio-economic targets in planning; difficulties and cases affecting the results of planning implementation; proposals for solutions to the improvement of the effectiveness of planning implementation; suggestions on planning adjustments (if any).”

7. Amendments to Article 7 of Decree No. 37/2019/ND-CP:

“Article 7. Criteria for 5-year periodic assessment of planning implementation

1. Assessments of the implementation of the development orientations of sectors and fields and the organization of socio-economic development spaces in national comprehensive planning, national marine spatial planning, and national land use planning; development orientations of sectors and fields and the organization of socio-economic development spaces in national sector planning and regional planning; schemes to develop sectors and fields and organize socio-economic development spaces in provincial planning.

2. Assessments of project implementation according to the following contents:

a) List of projects that have been and are currently being implemented;

b) List of expected key projects and prioritized projects in the planning period that have yet to be implemented; causes.

3. Assessments of the implementation of orientations, directions, and schemes to develop urban and rural systems and functional areas (if any).

4. Assessments of the implementation of land use criteria and efficiency (if any).

5. Assessments of the use of natural resources and results of environmental protection, natural preservation, biodiversity, preparation and management of natural disasters, and responses to climate change (if any).

6. Assessments of the mobilization of resources for planning implementation.

7. Assessments of the promulgation and implementation of mechanisms and policies for planning implementation.

8. General assessments of the results of the implementation of planning objectives and targets; difficulties and cases affecting the results of planning implementation; proposals for solutions to the improvement of the effectiveness of planning implementation; suggestions on planning adjustments (if any).”.

8. Addition of Article 7a1 to before Article 7a of Decree No. 37/2019/ND-CP , added by Clause 3 Article 1 of Decree No. 58/2023/ND-CP:

“Article 7a1. Procedures for formulating national comprehensive planning, national marine spatial planning, and national land use planning

1. National comprehensive planning, national marine spatial planning, and national land use planning shall be formulated according to the procedures prescribed in Clause 1 Article 16 of the Law on Planning.

2. Strategic environmental assessments for national comprehensive planning, national marine spatial planning, and national land use planning shall comply with Clauses 1, 3, 4, 5, and 6 Article 26 of the Law on Environmental Protection. Agencies formulating planning shall solicit written opinions from the Ministry of Natural Resources and Environment of Vietnam while soliciting opinions on planning. The Ministry of Natural Resources and Environment of Vietnam shall provide written responses, including content relevant to planning and reports on strategic environmental assessments concerning planning.

3. Agencies formulating national comprehensive planning, national marine spatial planning, and national land use planning may select counseling organizations for strategic environmental assessments of planning in case such agencies do not have the specialized capacity for implementing strategic environmental assessments.”.

9. Amendments to Clause 3 Article 7a of Decree No. 37/2019/ND-CP , added by Clause 3 Article 1 of Decree No. 58/2023/ND-CP:

“3. Agencies formulating national sector planning may select counseling organizations for strategic environmental assessments of planning regarding planning requiring the mentioned assessments in case such agencies do not have the specialized capacity for implementing strategic environmental assessments.”.

10. Amendments to Clause 4 Article 7b of Decree No. 37/2019/ND-CP , added by Clause 3 Article 1 of Decree No. 58/2023/ND-CP:

“4. Agencies formulating regional planning may select counseling organizations for strategic environmental assessments of planning in case such agencies do not have the specialized capacity for implementing strategic environmental assessments.”.

11. Amendments to Clause 3 Article 7c of Decree No. 37/2019/ND-CP , added by Clause 3 Article 1 of Decree No. 58/2023/ND-CP:

“3. Agencies formulating provincial planning may select counseling organizations for strategic environmental assessments of planning in case such agencies do not have the specialized capacity for implementing strategic environmental assessments.”.

12. Amendments to Article 8 of Decree No. 37/2019/ND-CP , amended by Clause 4 Article 1 of Decree No. 58/2023/ND-CP:

a) Amendments to Point b Clause 1:

“b) Assess and decide on the handling of issues with mixed opinions on planning between the planning formulation agencies and relevant agencies and organizations during the formulation of national comprehensive planning, national marine spatial planning, national land use planning, and regional planning;”;

b) Amendments to Point e Clause 2:

“e) Assess and decide on the handling of issues with mixed opinions on planning between the planning formulation agencies and relevant agencies and organizations during the formulation of national sector planning;”;

c) Addition of Point k to after Point i Clause 2:

“k) Approve plans to select contractors for the formulation of planning formulation tasks; approve plans to select contractors for planning formation according to bidding laws.”;

d) Amendments to Points c and d Clause 3:

“c) Assign agencies, organizations, and district-level People’s Committees to propose content for inclusion in provincial planning;

d) Assess and handle issues with mixed opinions on planning between the planning formulation agencies and relevant agencies, organizations, and district-level People’s Committees during the formulation of provincial planning;”;

dd) Addition of Point g to after Point e Clause 3:

“g) Approve plans to select contractors for the formulation of planning formulation tasks; approve plans to select contractors for planning formation according to bidding laws.”.

13. Amendments to the name of Article 9 and several points and clauses of Article 9 of Decree No. 37/2019/ND-CP , amended by Clause 5 Article 1 of Decree No. 58/2023/ND-CP:

a) Amendments to the name of Article 9:

“Article 9. Responsibilities of agencies formulating national comprehensive planning, national marine spatial planning, national land use planning, and regional planning”;

b) Amendments to Point a Clause 1:

“a) Determine the requirements for the content and methods of planning formulation, including requirements for planning formulation content, requirements for the scientific nature, practicality, and reliability of access methods and planning formulation methods, and requirements for planning and planning formulation progress; develop reports on presentations of planning formulation tasks;”;

c) Amendments to Clause 5:

“5. Take charge and cooperate with relevant ministries, ministerial agencies, and local authorities in researching, analyzing, assessing, and predicting factors, conditions, resources, and development circumstances; assessing the development status quo and proposing planning viewpoints, targets, and contents; solicit opinions from relevant ministries, ministerial agencies, and local authorities.”;

d) Amendments to Clause 6:

“6. Take charge and cooperate with relevant ministries, ministerial agencies, and local authorities in completing planning. Where there are mixed opinions on planning, planning formulation agencies shall summarize such opinions, propose schemes, and submit reports to agencies organizing planning formulation for consideration and decisions; complete planning following the conclusions of agencies organizing planning formulation.”;

dd) Amendments to Clause 8:

“8. Present planning for appraisal; submit reports to the Government of Vietnam for consideration of presentation to the National Assembly of Vietnam for decisions regarding national comprehensive planning, national marine spatial planning, and national land use planning; present regional planning to the Prime Minister of Vietnam for approval.”;

e) Addition of Clause 10:

“10. Approve plans to select contractors for the formulation of planning formulation tasks; approve plans to select contractors for planning formation according to bidding laws.”.

14. Amendments to Article 10 of Decree No. 37/2019/ND-CP , amended by Clause 6 Article 1 of Decree No. 58/2023/ND-CP:

“Article 10. Responsibilities of agencies formulating national sector planning

1. Research and propose the development of planning formulation tasks and submit reports to agencies organizing planning formulation, including the following operations:

a) Determine the requirements for the content and methods of planning formulation, including requirements for planning formulation content, requirements for the scientific nature, practicality, and reliability of access methods and planning formulation methods, and requirements for planning and planning formulation progress;

b) Develop reports on presentations of planning formulation tasks.

2. Agencies formulating planning may hire consultants meeting the conditions for professional capacity prescribed in Article 4 of this decree to research and propose the development of planning formulation tasks.

3. b) Present planning formulation tasks for appraisal after submitting reports to agencies organizing planning formulation; submit reports to agencies organizing planning formulation for consideration for presentation for planning formulation task approval.

4. Take charge and cooperate with relevant agencies and organizations in the implementation of plans for planning formulation according to the approved planning formulation tasks.

5. Select counseling organizations for planning formulation meeting the conditions for professional capacity prescribed in Article 4 of this Decree; submit reports to agencies organizing planning formulation for presentation to the Prime Minister of Vietnam for consideration for decisions on the selection of counseling organizations for national sector planning formulation in cases where no counseling organizations are meeting the conditions for professional capacity prescribed in Article 4 of this Decree.

6. Take charge and cooperate with relevant agencies in investigating, surveying, and collecting information and utilizing the information system and the national database on planning for planning formulation.

7. Take charge and cooperate with relevant agencies and organizations in developing planning. Where there are mixed opinions on planning, planning formulation agencies shall summarize such opinions, propose schemes, and submit reports to agencies organizing planning formulation for consideration and decisions; complete planning following the conclusions of agencies organizing planning formulation.

8. Assume responsibility for soliciting opinions on planning from relevant agencies, organizations, and individuals.

9. b) Present planning for appraisal after submitting reports to agencies organizing planning formulation; submit reports to agencies organizing planning formulation for consideration for presentation for planning approval.

10. Assume responsibility for the accuracy of the figures, documents, systems of diagrams, maps, and databases in planning records and ensure compliance with state secret laws and other relevant laws.”.

15. Amendments to the name of Article 11 and several points and clauses of Article 11 of Decree No. 37/2019/ND-CP , amended by Clause 7 Article 1 of Decree No. 58/2023/ND-CP:

a) Amendments to the name of Article 11:

“Article 11. Responsibilities of agencies formulating provincial planning”;

b) Amendments to the title Clause 1:

“1. Take charge and cooperate with relevant agencies or organizations and district-level People’s Committees in developing planning formulation tasks, including the following operations:”;

c) Amendments to Point a Clause 1:

“a) Determine the requirements for the content and methods of planning formulation, including requirements for planning formulation content, requirements for the scientific nature, practicality, and reliability of access methods and planning formulation methods, and requirements for planning and planning formulation progress; predict the assignment of relevant agencies and organizations and district-level People’s Committees to propose content for inclusion in provincial planning; develop reports on presentations of planning formulation tasks;”;

d) Amendments to Clause 3:

“3. Select counseling organizations for planning formulation meeting the conditions for professional capacity prescribed in Article 4 of this Decree.”;

dd) Amendments to Clause 5:

“5. Take charge and cooperate with relevant agencies and organizations and district-level People’s Committees in researching, analyzing, assessing, and predicting factors, conditions, resources, and development circumstances and assessing the local socio-economic development and proposing viewpoints on the directives, objectives, and orientations prioritized for development as the grounds for planning formulation; orient planning content for relevant agencies and organizations and district-level People’s Committees to research and propose content for inclusion in provincial planning.”;

e) Amendments to Clause 6:

“6. Take charge and cooperate with relevant agencies and organizations and district-level People’s Committees in assessing and handling provincial and inter-district issues; request relevant agencies and organizations and district-level People’s Committees to make adjustments or additions and complete the content of proposals to ensure consistency, synchronization, and effectiveness of planning. Summarize mixed opinions, propose schemes, and submit reports to agencies organizing planning formulation for consideration and decisions; complete planning following the conclusions of agencies organizing planning formulation.”.

16. Amendments to Article 13 of Decree No. 37/2019/ND-CP:

“Article 13. Responsibilities of relevant agencies and organizations and district-level People’s Committees assigned to propose content for inclusion in provincial planning

1. Cooperate with planning formulation agencies and counseling organizations for planning formulation in analyzing, assessing, and predicting factors, conditions, resources, and development circumstances and assessing the development status quo of specific sectors and fields and the status quo of local socio-economic development and proposing viewpoints on directives, objectives, and orientations prioritized for development as the grounds for planning formulation.

2. Propose content for inclusion in provincial planning concerning assigned fields and submit it to planning formulation agencies.

3. Cooperate with planning formulation agencies in assessing and handling provincial and inter-district issues to ensure consistency, synchronization, and effectiveness of planning.

4. Make adjustments and additions and complete the content of proposals upon requests from planning formulation agencies.

5. Assume responsibility before agencies organizing planning formulation and planning formulation agencies for the quality of the content of proposals and the implementation time of the content proposed for inclusion in provincial planning.”.

17. Amendments to Clause 2 Article 15 of Decree No. 37/2019/ND-CP:

“2. Reports on assessment of the implementation of planning of the previous period.”.

18. Amendments to Clause 1 Article 17 of Decree No. 37/2019/ND-CP , amended by Clause 9 Article 1 of Decree No. 58/2023/ND-CP:

“1. The time limit for formulating national comprehensive planning, national marine spatial planning, national land use planning, and regional planning shall be no more than 36 months from the date planning formulation tasks are approved.”.

19. Amendments to Point a Clause 1 Article 18 of Decree No. 37/2019/ND-CP:

“a) the Ministry of Planning and Investment of Vietnam shall request the Government of Vietnam to establish an appraisal council and assign a permanent agency for the appraisal council for national comprehensive planning formulation tasks; request the Prime Minister of Vietnam to establish an appraisal council and assign a permanent agency for the appraisal council for regional planning formulation tasks; establish an appraisal council and assign a permanent agency for the appraisal council for provincial planning formulation tasks;”.

20. Amendments to Point h Clause 2 Article 19 of Decree No. 37/2019/ND-CP:

“h) Assignment of tasks to planning formulation agencies regarding national comprehensive planning, national marine spatial planning, national land use planning, and regional planning or agencies organizing planning formulation regarding national sector planning and provincial planning.”.

21. Addition of Article 19a to after Article 19 of Decree No. 37/2019/ND-CP:

“Article 19a. Planning formulation task adjustment

1. Adjustments to planning formulation tasks shall be made in case of adjusting planning according to Article 53 of the Law on Planning.

2. Procedures for adjusting planning formulation tasks shall be carried out similarly to the formulation, appraisal, and approval for planning formulation tasks prescribed in Section 2 Chapter II of this Decree.”.

22. Amendments to Clause 2 Article 38b of Decree No. 37/2019/ND-CP , added by Clause 20 Article 1 of Decree No. 58/2023/ND-CP:

“2. Ministries, ministerial agencies, and provincial People’s Committees shall update the database on planning records to the information system and national database on planning according to Article 41 of this Decree.”.

23. Amendments to several points and clauses of Article 38c of Decree No. 37/2019/ND-CP , added by Clause 20 Article 1 of Decree No. 58/2023/ND-CP:

a) Amendments to Point c Clause 3:

“c) Ministries and ministerial agencies assigned to organize the formulation of national sector planning shall receive and explain opinions and complete and promulgate plans to implement national sector planning.”;

b) Amendments to Point d Clause 4:

“d) Planning formulation agencies shall receive and explain opinions and complete the draft plans to implement provincial planning and present them to provincial People’s Committees for consideration and promulgation.”;

c) Addition of Clauses 6 and 7 after Clause 5:

“6. Applications for opinion solicitation include draft plans to implement planning and draft resolutions or decisions on the promulgation of plans to implement planning.

7. Applications for promulgation include statements of the promulgation of plans to implement planning; draft resolutions or decisions on the promulgation of plans to implement planning; reports on the receipt and explanation of opinions.”.

24. Addition of Articles 38d and 38dd to after Article 38c of Decree No. 37/2019/ND-CP , added by Clause 20 Article 1 of Decree No. 58/2023/ND-CP:

“Article 38d. Procedures for adjusting plans to implement planning

1. Adjustments to plans to implement planning shall be made in one of the following cases:

a) After competent authorities decide on or approve adjustments to planning;

b) When adjustments are required for conformity with the practical implementation of planning.

2. Procedures and applications for adjustments to plans to implement planning shall be carried out similarly to the procedures and applications for the formulation of plans to implement planning.

Article 38dd. Planning adjustments under simplified procedures

1. Planning adjustments under simplified procedures shall be applied when such adjustments do not change the viewpoint and general objective of planning, ensuring the connectivity, synchronization, inheritance nature, and stability among plannings.

2. Planning adjustments under simplified procedures prescribed in Points a and d Clause 2 Article 54a of the Law on Planning shall be made in one of the following cases:

a) Implementation of Resolutions of the National Assembly of Vietnam on the assurance of national defense and security; arrangement of provincial administrative divisions, leading to changes to one or several contents of planning;

b) Implementation of Resolutions of the National Assembly of Vietnam to implement national key projects, leading to changes to one or several contents of planning;

c) Implementation of the Standing Committee of the National Assembly of Vietnam on the arrangement of administrative divisions of districts and communes, leading to changes to one or several contents of planning;

d) Implementation of emergency projects under the law, leading to changes to one or several contents of national, regional, or provincial planning;

dd) Implementation of urgent tasks prescribed in Resolutions of the Government of Vietnam or Decisions of the Prime Minister of Vietnam, leading to changes to one or several contents of planning.

3. Where planning is adjusted under simplified procedures according to Points b and c Clause 2 Article 54a of the Law on Planning, planning formulation agencies regarding national marine spatial planning, national land use planning, and regional planning or agencies organizing planning formulation regarding national sector planning and provincial planning shall submit reports to competent authorities to request for planning adjustment guidelines. Reports submitted for requesting planning adjustment guidelines must determine the planning content in conflict with specific planning of a higher level or the same level and planning scope and content requiring adjustments.

Where reports submitted for requesting planning adjustment guidelines determine there are conflicts among national sector plannings, the Prime Minister of Vietnam shall, based on the strategy for socio-economic development of Vietnam, documents of the CPV, and national comprehensive planning, consider deciding on national sector planning that requires adjustments.

4. Procedures for adjusting national comprehensive planning, national marine spatial planning, and national land use planning under simplified procedures shall be carried out as follows:

a) Agencies formulating national comprehensive planning, national marine spatial planning, and national land use planning shall develop records of adjustments to national comprehensive planning, national marine spatial planning, and national land use planning and solicit opinions from relevant agencies according to Point a Clause 8 of this Article. In case of adjusting planning following the grounds prescribed in Points b and c Clause 2 Article 54a of the Law on Planning, agencies formulating national marine spatial planning and national land use planning shall submit reports. The Government of Vietnam shall consider approving planning adjustment guidelines before the development of planning adjustment records;

b) Relevant agencies shall provide written responses within 15 working days after receiving applications for opinion solicitation;

c) Agencies formulating national comprehensive planning, national marine spatial planning, and national land use planning shall receive and explain the opinions from relevant agencies, complete records of adjustments to national comprehensive planning, national marine spatial planning, and national land use planning, and submit reports to the Government of Vietnam for consideration and presentation to the National Assembly of Vietnam for decisions on planning adjustments.

5. Procedures for adjusting national sector planning under simplified procedures shall be carried out as follows:

a) Agencies formulating national sector planning shall develop records of adjustments to national sector planning and solicit opinions from relevant agencies according to Point b Clause 8 of this Article. In case of adjusting planning following the grounds prescribed in Points b and c Clause 2 Article 54a of the Law on Planning, agencies organizing the formulation of national sector planning shall submit reports to the Prime Minister of Vietnam for approval for planning adjustment guidelines before assigning agencies formulating national sector planning to develop planning adjustment records;

b) Relevant agencies shall provide written responses within 15 working days after receiving applications for opinion solicitation;

c) Agencies formulating national sector planning shall receive and explain the opinions from relevant agencies, complete records of adjustments to national sector planning, request the Minister assigned to organize the formulation of national sector planning to approve adjustments to national sector planning, and submit reports to the Prime Minister of Vietnam on the implementation results.

6. Procedures for adjusting regional planning under simplified procedures shall be carried out as follows:

a) The Ministry assigned to formulate regional planning shall develop records of adjustments to regional planning and solicit opinions from relevant agencies according to Point c Clause 8 of this Article. In case of adjusting planning following the grounds prescribed in Points b and c Clause 2 Article 54a of the Law on Planning, the Ministry assigned to formulate regional planning shall submit reports to the Prime Minister of Vietnam for approval for planning adjustment guidelines before developing planning adjustment records;

b) Relevant agencies shall provide written responses within 15 working days after receiving applications for opinion solicitation;

c) The Ministry assigned to formulate regional planning shall receive and explain the opinions from relevant agencies, complete records of adjustments to regional planning, request the Minister to approve adjustments to regional planning, and submit reports to the Prime Minister of Vietnam on the implementation results.

7. Procedures for adjusting provincial planning under simplified procedures shall be carried out as follows:

a) Agencies formulating provincial planning shall develop records of adjustments to provincial planning and solicit opinions from relevant agencies according to Point d Clause 8 of this Article. In case of adjusting planning following the grounds prescribed in Points b and c Clause 2 Article 54a of the Law on Planning, agencies organizing the formulation of provincial planning shall submit reports to the Prime Minister of Vietnam for approval for planning adjustment guidelines before assigning agencies formulating provincial planning to develop planning adjustment records;

b) Relevant agencies shall provide written responses within 15 working days after receiving applications for opinion solicitation;

c) Agencies formulating provincial planning shall receive and explain the opinions from relevant agencies, complete records of adjustments to provincial planning, request Presidents of provincial People’s Committees to approve adjustments to provincial planning, and submit reports to the Prime Minister of Vietnam on the implementation results.

8. Respondents upon planning adjustment under simplified procedures:

a) Respondents on national comprehensive planning, national marine spatial planning, and national land use planning include ministries, ministerial agencies, and provincial People’s Committees relevant to adjustment content;

b) Respondents on national sector planning include relevant ministries, ministerial agencies, and provincial People’s Committees relevant to adjustment content;

c) Respondents on regional planning include relevant ministries, ministerial agencies, and provincial People’s Committees in areas relevant to adjustment content;

d) Respondents on provincial planning adjustment include relevant ministries, ministerial agencies, and adjacent provincial People’s Committees relevant to adjustment content.

9. Applications for opinion solicitation include written approval for adjustment guidelines of competent authorities (if any); reports on presentations of planning adjustments; draft written decisions or approval for planning adjustments; systems of diagrams, maps, and databases relevant to planning adjustments.

Applications for opinion solicitation shall be posted on the websites of planning formulation agencies within 15 working days from the date such applications are sent, excluding content concerning state secrets according to the law.

10. Applications for decisions or approval include statements; written approval for adjustment guidelines of competent authorities (if any); reports on presentations of planning adjustments; draft written decisions or approval for planning adjustments; reports on the receipt and explanation of opinions from relevant agencies; systems of diagrams, maps, and databases relevant to planning adjustments.”.

25. Addition of Appendix VI to after Appendix V of Decree No. 37/2019/ND-CP , amended by Clause 26 Article 1 of Decree No. 58/2023/ND-CP .

Article 2. Annulment of several articles of Decree No. 37/2019/ND-CP , amended by Decree No. 58/2023/ND-CP

1. Clauses 1, 2, and 3 Article 3 of Decree No. 37/2019/ND-CP .

2. Clause 2 Article 7b of Decree No. 37/2019/ND-CP , added by Clause 3 Article 1 of Decree No. 58/2023/ND-CP .

3. Amendments to Clause 3 Article 7c of Decree No. 37/2019/ND-CP , added by Clause 3 Article 1 of Decree No. 58/2023/ND-CP:

4. Article 12 of Decree No. 37/2019/ND-CP , amended by Clause 8 Article 1 of Decree No. 58/2023/ND-CP .

5. Point dd Clause 1 Article 16 of Decree No. 37/2019/ND-CP .

6. Point c Clause 5 Article 18 of Decree No. 37/2019/ND-CP .

7. Points e and g Clause 2 Article 19 of Decree No. 37/2019/ND-CP .

8. Clause 8 Article 28 of Decree No. 37/2019/ND-CP , amended by Clause 10 Article 1 of Decree No. 58/2023/ND-CP .

9. Clause 10 Section B Part IX Appendix I of Decree No. 37/2019/ND-CP , amended by Clause 25 Article 1 of Decree No. 58/2023/ND-CP .

Article 3. Transitional provision

Regarding the use of other legal capital sources for planning operations received before the effective date of this Law, Decree No. 58/2023/ND-CP dated August 12, 2023 of the Government of Vietnam shall prevail.

Article 4. Implementation provision

1. This Decree comes into force from the date on which it is signed.

2. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces, centrally affiliated cities, and relevant organizations and individuals shall implement this Decree.