Amendments to some articles concerning planning of 11 Laws
09:09 15/08/2018
On June 15, 2018, the National Assembly promulgates the Law on amendments to some articles concerning planning of 11 Laws including: the Law on Food Safety No. 55/2010/QH12, Law on Notarization No. 53/2014/QH13, Law on Pharmacy No. 105/2016/QH13, Law on Investment No. 67/2014/QH13, Law on Public Investment No. 49/2014/QH13, Law on Electricity No. 28/2004/QH11 whose articles are amended by the Law No. 24/2012/QH13, Law on Chemicals No. 06/2007/QH12, Law on Science and Technology No. 29/2013/QH13, Law on Tobacco Control No. 09/2012/QH13, Law on Economical and Efficient Use Of Energy No. 50/2010/QH12 and Law on Children No. 102/2016/QH13.
Concerning the amendments to some articles of the Law No. 53/2014/QH13 on Notarization, Clause 1 of Article 18 of the Law is amended as follows:
1. A notary's office shall be established as prescribed by this Law.”.
Clause 1 of Article 24 is amended as follows:
“1. In the case of any changes to one of the contents specified in Clause 3 Article 23 of this Law, the private notary's office shall register changed contents at the Department of Justice with which it has registered its operation.”.
Point b and Point c Clause 2 of Article 69 is amended as follows:
“b) Formulate and propose the promulgation of a notarial profession development policy.
c) Take charge and cooperate with ministries in providing guidance and managing operation of notary's offices;”.
Point b Clause 1 of Article 70 is null and void.
Regarding to amendments to some Articles of the Law on Investment:
Clause 1 of Article 20 is amended as follows:
“1. According to the planning that has been decided by the competent authority or approved as prescribed by the law on planning, Ministers, ministerial agencies, People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “People’s Committees of provinces”) shall formulate development investment plans and organize the construction of technical infrastructure and social infrastructure beyond industrial parks, export-processing zones, hi-tech zones and dedicated areas of economic zones.”.
Article 21 is amended as follows:
“Article 21. Development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones
1. According to the planning that has been decided by the competent authority or approved as prescribed by the law on planning, People’s Committees of provinces shall formulate planning and provide land for development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones.
2. In the case of any difficulty in provision of land for development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones, the authority that has the power to approve the planning has the power to approve the adjustment to the planning in order to use part of the land area for development of housing, public facilities and amenities.”.
3. Point c Clause 6 of Article 33 is amended as follows:
“c) Assessment of conformity of the investment project with the national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning; assessment of socio-economic effects of the project;”.
4. Point c Clause 6 of Article 35 is amended as follows:
“c) Conformity of the project with the strategy and national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any);”.
With regard to the amendments to some Articles of the Law on Public Investment:
Clause 5 is added to Article 5 as follows:
“5. Investment in formulating, appraising, deciding or approve, announcing and adjusting the planning as prescribed by the law on planning.”.
Clause 2 of Article 12 is amended as follows:
“2. Conform to the socio-economic development strategy, five-year socio-economic development plan and relevant planning prescribed by the law on planning.”.
Clause 1 of Article 18 is amended as follows:
“1. Conform to the socio-economic development strategy and plan and relevant planning prescribed by the law on planning that have been decided or approved by a competent authority.”.
Point d Clause 2 of Article 21 is amended as follows:
“d) Conformity with the socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.
Clause 1 of Article 34 is amended as follows:
“1. Necessity of the program for fulfilling objectives of socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.
Clause 2 of Article 40 is amended as follows:
“2. Relevant planning prescribed by the law on planning.”.
Point a Clause 1 of Article 46 is amended as follows:
“a) Changes to objectives and conditions for implementing socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.
Point b Clause 2 of Article 47 is amended as follows:
“b) Assessment of its conformity with relevant planning prescribed by the law on planning;”.
Point c Clause 1 of Article 50 is amended as follows:
“c) Relevant planning prescribed by the law on planning;”.
Clause 1 of Article 55 is amended as follows:
“1. The program/project whose investment guidelines have been decided by a competent authority, planning formulation project.”.
Article 57 is amended as follows:
“Article 57. Capital for investment preparation, planning formulation and execution of projects in annual and medium-term public investment plan
1. The capital for investment preparation shall be used to:
a) Formulate, appraise and decide investment guidelines;
b) Formulate and appraise an investment plan and decide to invest in a project.
2. The capital for planning formulation shall be used to formulate, appraise, decide or approve, announce and adjust the planning as prescribed by the law on planning.
3. The capital for project execution shall be used to clear land, produce an engineering design and a construction design, make an estimate of a project or items of the project and run the finished project provided with insufficient capital, project expected to be completed, project in progress and new project.
4. The capital for investment preparation, planning formulation and project execution shall be balanced under the regulations of the Government.”.
Clause 1 of Article 96 is amended as follows:
“1. Propose programs and projects in conformity with the socio-economic development strategy and plan and relevant planning as prescribed by the law on planning in each period.”.
This Law comes into force from January 01, 2019.
1. A notary's office shall be established as prescribed by this Law.”.
Clause 1 of Article 24 is amended as follows:
“1. In the case of any changes to one of the contents specified in Clause 3 Article 23 of this Law, the private notary's office shall register changed contents at the Department of Justice with which it has registered its operation.”.
Point b and Point c Clause 2 of Article 69 is amended as follows:
“b) Formulate and propose the promulgation of a notarial profession development policy.
c) Take charge and cooperate with ministries in providing guidance and managing operation of notary's offices;”.
Point b Clause 1 of Article 70 is null and void.
Regarding to amendments to some Articles of the Law on Investment:
Clause 1 of Article 20 is amended as follows:
“1. According to the planning that has been decided by the competent authority or approved as prescribed by the law on planning, Ministers, ministerial agencies, People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “People’s Committees of provinces”) shall formulate development investment plans and organize the construction of technical infrastructure and social infrastructure beyond industrial parks, export-processing zones, hi-tech zones and dedicated areas of economic zones.”.
Article 21 is amended as follows:
“Article 21. Development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones
1. According to the planning that has been decided by the competent authority or approved as prescribed by the law on planning, People’s Committees of provinces shall formulate planning and provide land for development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones.
2. In the case of any difficulty in provision of land for development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones and economic zones, the authority that has the power to approve the planning has the power to approve the adjustment to the planning in order to use part of the land area for development of housing, public facilities and amenities.”.
3. Point c Clause 6 of Article 33 is amended as follows:
“c) Assessment of conformity of the investment project with the national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning; assessment of socio-economic effects of the project;”.
4. Point c Clause 6 of Article 35 is amended as follows:
“c) Conformity of the project with the strategy and national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any);”.
With regard to the amendments to some Articles of the Law on Public Investment:
Clause 5 is added to Article 5 as follows:
“5. Investment in formulating, appraising, deciding or approve, announcing and adjusting the planning as prescribed by the law on planning.”.
Clause 2 of Article 12 is amended as follows:
“2. Conform to the socio-economic development strategy, five-year socio-economic development plan and relevant planning prescribed by the law on planning.”.
Clause 1 of Article 18 is amended as follows:
“1. Conform to the socio-economic development strategy and plan and relevant planning prescribed by the law on planning that have been decided or approved by a competent authority.”.
Point d Clause 2 of Article 21 is amended as follows:
“d) Conformity with the socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.
Clause 1 of Article 34 is amended as follows:
“1. Necessity of the program for fulfilling objectives of socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.
Clause 2 of Article 40 is amended as follows:
“2. Relevant planning prescribed by the law on planning.”.
Point a Clause 1 of Article 46 is amended as follows:
“a) Changes to objectives and conditions for implementing socio-economic development strategy and plan and relevant planning prescribed by the law on planning;”.
Point b Clause 2 of Article 47 is amended as follows:
“b) Assessment of its conformity with relevant planning prescribed by the law on planning;”.
Point c Clause 1 of Article 50 is amended as follows:
“c) Relevant planning prescribed by the law on planning;”.
Clause 1 of Article 55 is amended as follows:
“1. The program/project whose investment guidelines have been decided by a competent authority, planning formulation project.”.
Article 57 is amended as follows:
“Article 57. Capital for investment preparation, planning formulation and execution of projects in annual and medium-term public investment plan
1. The capital for investment preparation shall be used to:
a) Formulate, appraise and decide investment guidelines;
b) Formulate and appraise an investment plan and decide to invest in a project.
2. The capital for planning formulation shall be used to formulate, appraise, decide or approve, announce and adjust the planning as prescribed by the law on planning.
3. The capital for project execution shall be used to clear land, produce an engineering design and a construction design, make an estimate of a project or items of the project and run the finished project provided with insufficient capital, project expected to be completed, project in progress and new project.
4. The capital for investment preparation, planning formulation and project execution shall be balanced under the regulations of the Government.”.
Clause 1 of Article 96 is amended as follows:
“1. Propose programs and projects in conformity with the socio-economic development strategy and plan and relevant planning as prescribed by the law on planning in each period.”.
This Law comes into force from January 01, 2019.