On May 6, 2022, the Government issued Resolution 64/NQ-CP 2022 related to several solutions to improve quality and speed up planning for the 2021-2030 period (“Resolution 64/NQ-CP”).
Here, let’s learn about specific solutions of the Government in Resolution 64/NQ-CP with Bizlawyer.

a) Allow planning according to the provisions of the Law on Planning and the laws and ordinances that have been amended and supplemented with several articles related to the planning to be made at the same time to ensure the uniformity; The planning which is made and appraised first will be decided or approved first. After the planning is decided or approved, if there are inappropriate contents, the lower planning must be adjusted according to the higher planning, ensuring the hierarchy in the national planning system.
b) Allow adjustment of the planning schedule, focusing on speeding up the formulation, appraisal and approval in 2022 for urgent national-level plans, facilitating the operation and socio-economic development of the country. To complete the master plans under the national planning system in 2023.
c) Allow the planning mentioned at point c, clause 1, Article 59 of the Law on Planning that was decided or approved before January 1, 2019, to continue to be implemented, prolong the period and adjust the contents according to regulations. provisions of relevant laws before the effective date of the Planning Law to meet the requirements of socio-economic development until the national planning, regional planning, and provincial planning period 2021 – 2030 is decided or approved under the provisions of the Law on Planning; consider and integrate relevant contents to include in the planning period 2021 – 2030.
d) Allow ministers, heads of ministerial-level agencies, and presidents of People’s Committees of provinces and centrally-run cities to consider and decide to apply the form of contractor appointment to bidding packages to elaborate national-level planning, regional planning, and provincial planning without selecting a contractor. The appointment of contractors is done under the law on bidding, the contractor selected by the form of contractor appointment must satisfy the requirements on capacity, experience, ensure progress, quality, efficiency, and fight against negativity, corruption, and waste under the law. In case the form of contractor appointment is not applied or the contractor cannot be selected, the person competent to decide on another form of contractor selection for contractor selection shall comply with the law on bidding.
dd) Permit the use of capital for recurrent expenditure under the law on the state budget for elaboration, appraisal, approval, publication of urban planning, rural planning, planning of a technical and specialized nature which has not been allocated capital, and the adjusted plannings at Points a and b, Clause 1, Article 2 of this Resolution. To be allowed to mobilize and use socialized capital sources, to ensure compliance with regulations on formulation, appraisal, approval, announcement and adjustment of plannings of the Planning Law.
e) The content of the national master plan determines the distribution orientation and spatial organization of socio-economic activities; orientations on defense, security and environmental protection of national and international importance and strategic inter-regional nature in the territory, including the mainland, islands, archipelagos, sea areas, sky. Point n, Clause 2, Article 22 of the Law on Planning has not yet been implemented on the list of important national projects and the order of priority for implementation.
g) The adjustment of national planning, regional planning, and provincial planning for the period 2021 – 2030 in case the lower planning is approved in advance but has contents not suitable with the higher planning => not establish planning tasks and reduce some procedures for planning adjustment.
h) Assign the Government to study regulations on responsibilities and authority of planning agencies making, appraising and approving planning to ensure independence, based on increasing responsibilities at all levels, shortening administrative procedures, without causing trouble and incurring costs, under the provisions of the Law on Government Organization and the Law on Organization of Local Government.
i) Assign the Government to assess the impact of the abolition of development investment plannings specific goods, services, and products to determine the volume and quantity of goods, services, and products produced, and consumed as prescribed at Point d Clause 1 Article 59 of the Law on Planning; research and restore necessary and strategic product plans, ensuring that they are not contrary to international commitments that Vietnam has signed.

Resolution 64/NQ-CP takes effect from May 6, 2022.

* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.

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