National Development Planning Act of Einsenland (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes.
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National Development Planning Act of the Republic of Einsenland
Section 1
This Act is enacted pursuant to Article 35A of the Constitution to safeguard the continuing implementation of national development strategy, regulate the preparation and adjustment of plans, and give effect to fiscal discipline and public accountability.
Section 2
The national planning system shall comprise a 20-year long-term development strategy, five-year national development plans, sectoral and regional plans, and annual implementation plans. The long-term strategy shall undergo rolling evaluation every five years. Plans at the various levels shall be coordinated and shall not begin or end by reference to a government's term of office.
Section 3
Lawfully approved plans shall remain binding upon successive governments throughout the planning period. Changes of political party, President, Prime Minister or Cabinet shall not affect their validity. No body may substitute an internal party decision or internal document for statutory adjustment.
Section 4
Plans shall distinguish binding public tasks from indicative economic and social targets. Binding tasks shall specify statutory responsibility and resource and financial support. Indicative targets shall guide and inform evaluation, shall not guarantee market outcomes, and shall not give rise automatically to a presumption of personal illegality if expectations are not met.
Section 5
National plans shall safeguard social rights, workers' participation, reasonable local development, ecological security and fiscal sustainability. They shall not displace lawful private economic activity, professional scrutiny or personal information protection.
Section 6
The Government shall establish a National Development Commission as a ministerial-level planning coordination body under the Cabinet. The Commission shall organise research, preparation and monitoring, and shall not independently override finance authorities, sectoral regulators, local self-government or independent oversight bodies.
Section 7
Together with finance and sectoral departments, the National Development Commission shall begin preparing the next plan 12 months before the end of the current planning period and publish assessments of need, fiscal capacity and existing projects. If an emergency prevents compliance with that timetable, it shall explain the reasons and temporary transitional arrangements.
Section 8
Preparation shall include regional and sectoral investigation, expert appraisal free of conflicts of interest, comparison of alternatives and public consultation lasting at least 30 days. For security-classified material, public summaries and confidential parliamentary scrutiny shall be provided so far as possible. Appraisal shall not be dispensed with altogether.
Section 9
The President may raise long-term strategic issues and chair statutory strategic consultations. The Government shall explain within 30 days its reasons for accepting or rejecting them. Neither the President nor the National Security and Strategy Council shall unilaterally approve or veto national development plans.
Section 10
A draft plan shall specify the nature of its objectives, tasks, project scope, responsible bodies, milestones, funding sources, effects on debt and reserves, whole-life costs, risk scenarios, and monitoring and adjustment rules. It shall not merely name projects without specifying implementation conditions capable of scrutiny.
Section 11
The Government shall submit the long-term development strategy and five-year national development plans to the House of the People for consideration, with consideration by the House of Regions. Ordinary matters shall be governed by Article 23 of the Constitution. Local powers, local finances, the layout of interprovincial trunk infrastructure projects and major adjustments to them shall require the separate consent of both Houses. The list of commitments safeguarded across government terms shall be limited to national interregional trunk infrastructure projects and core basic public service tasks supported by arrangements for delivery, finance and responsibility. Inclusion on the list and substantive adjustments to core objectives, project scope or necessary funding shall require the separate approval of three fifths of all members of each House. The approved texts shall identify those matters separately; ordinary planning matters shall not all be elevated to special-majority status. Lawful projects not included on the special protection list may still be approved and implemented under ordinary legislative, planning and budgetary powers.
Section 12
Sectoral, regional and local plans shall be prepared within their powers and in accordance with higher-level plans. Joint tasks shall have documented arrangements specifying the lead authority, funding and dispute procedures. When the central authorities assign implementation tasks to local authorities, corresponding fiscal support shall be determined at the same time. Planning catalogues shall be public, and conflicting plans for the same task shall not be established in duplicate.
Section 13
Before a major project is established, appraisal shall be completed of need and alternatives, environmental and social effects, land, engineering and procurement, and the base prices, scope, delivery objectives, timetable, investment ceiling, risk contingency and responsible persons shall be determined. Phased projects shall be assessed for the functioning of the whole network and the independent utility of each phase.
Section 14
Whole-life project costs shall include construction, operation, maintenance, renewal, decommissioning and compensation required by law. New construction and renewal and maintenance shall be shown separately. New projects shall not persistently displace safety maintenance and renewal of existing assets.
Annual arrangements shall first identify the funding needed for statutory safety maintenance, emergency repairs and continuity of basic services. A proposed transfer of such funding to new construction shall be accompanied by publication of an independent risk assessment, alternative safeguards and the responsible body, and shall follow budget adjustment procedures. Funds legally earmarked for a particular purpose shall not be transferred. Where a genuine funding shortfall exists, necessary safety measures such as load restrictions, inspection and repair or alternative services shall take priority and be reported in accordance with the law. Risks shall not be concealed so as to continue operations.
Section 15
Approval of a plan shall be accompanied by a rolling expenditure framework covering at least three financial years, implemented through annual plans and budgets and separately identifying existing contracts, new commitments, maintenance and debt service. Baseline and adverse scenarios for revenue, interest rates, demand and construction costs shall be updated annually, with an explanation of differences from the previous forecast.
A multi-year framework shall not constitute automatic appropriation or unlimited borrowing authorisation. Financing, contracts and annual expenditure shall still require approval under budget and procurement legislation. Public expenditure channelled through enterprises, funds, concessions or public-private partnerships shall remain subject to disclosure of its fiscal substance and risks.
Section 16
When introducing the annual budget, the Government shall identify planning funding and shortfalls. A proposed funding reduction that would in substance cancel, stall or alter an approved core task shall be accompanied by the adjustment required under this Act; annual withdrawal of funding shall not be used to circumvent it. If the budget is not passed, necessary continuing expenditure shall be safeguarded under Article 23A of the Constitution and within the approved scope.
Section 17
Long-term financing for major infrastructure may be arranged for purposes specified by law, with repayment capacity and within lawfully approved debt ceilings. Funds shall be earmarked and audited. Planning shall not provide unlimited authorisation for ordinary recurrent expenditure, unspecified guarantees or off-budget financing. Project approval alone shall not be used to enter into external commitments without the required borrowing, guarantee and budget approvals.
The Ministry of Finance shall maintain a register of central and local public debt and guarantees and publish quarterly outstanding balances, maturities, interest, repayment arrangements and significant contingent obligations. Consolidated figures shall exclude internal double counting. Financing by State-owned enterprises for which the Government in substance bears risk, concession minimum-revenue guarantees and public-private partnership commitments shall be separately explained and shall not be concealed merely by their legal form.
The annual budget shall include a debt-service pressure and fiscal-risk report. If an approved ceiling is exceeded or a material repayment risk arises, the Government shall promptly propose an adjustment and recovery plan for approval by the statutory body. Fiscal crisis shall not authorise the Government unilaterally to stop the judiciary, elections, basic services or necessary continuing expenditure safeguarded by the Constitution.
Section 18
Long-term reserves shall comprise only intertemporal public assets expressly designated by law and separately accounted for, and shall not be conflated with ordinary treasury working funds. The Ministry of Finance shall publish annually their principal, realised net income, valuation movements, management costs, liabilities and audited closing balances. Market gains on paper shall not automatically become cash available for expenditure.
The use of income from State-owned capital and reserves shall be accompanied in the budget by express limits and intergenerational and risk assessments and be approved under Article 23 of the Constitution. Use of principal shall additionally specify necessity, amount, comparison with alternative financing and arrangements for replenishment or restoration of risk capacity over the following five years. Transfers shall not be made merely on an internal decision of a planning body, State ownership body or the President. The President's single request for reconsideration shall be governed by Section 30 of the State Organisation Act and shall not permit indefinite refusal to sign.
Stricter restrictions on the use of principal or income prescribed by special legislation shall prevail. The rules on use of reserves shall not be circumvented by concealing losses, requiring exceptional distributions by State-owned enterprises or providing off-budget guarantees. Audit bodies shall examine compliance and report to Parliament.
Section 19
Approved projects shall be implemented by statutory implementing bodies and stable professional teams, with lawful procurement and records of changes and performance of duties. A change of government shall not in itself entail replacement of project teams; serious dereliction may lead to replacement through the prescribed procedures. Ordinary technical and construction arrangements shall be dealt with within authorisation without resubmitting the entire project establishment procedure.
Section 20
Infrastructure authorities shall maintain asset inventories and condition monitoring and publish at least annually safety conditions, remaining service life, renewal plans, planned and actual maintenance expenditure and funding gaps, explaining critical equipment failures, use restrictions and alternative service measures. Higher-risk assets shall be inspected more frequently in accordance with the law. Inspection bodies shall avoid conflicts of interest involving construction, operation and procurement.
Maintenance funding shall be based on risk and statutory obligations, rather than simply on a proportion of new construction. If a defect capable of causing major casualties is discovered, necessary safety measures shall be taken immediately and a report made within 72 hours. Within 30 days, a proposal shall address responsibility, repair or alternative services and funding. Where local authorities cannot bear a joint task, fiscal sharing shall be implemented under Section 12; responsibility shall not merely be left with the locality.
Publication shall not include directly exploitable vulnerabilities of critical facilities or personal data. Confidential details shall be made available to competent auditors and confidential parliamentary oversight; confidentiality shall not exempt disclosure of the overall condition and required funding.
Section 21
The National Development Commission shall publish annual implementation reports. At the midpoint of the planning period the Government shall organise a comprehensive evaluation; at its end it shall produce a final report and submit it to Parliament with the next plan. Finance, audit, sectoral regulatory and local bodies shall each supply evidence within their responsibilities.
Annual reports shall also assess the affordability of housing, transport, energy, food, healthcare and education, access to basic services and regional disparities, publishing expenditure burdens and policy effects by reasonable income groups. Indicator definitions, data sources and revisions shall be public. A single average price measure or economic growth figure shall not be used to conceal burdens on low-income households.
Anonymised aggregate data shall be used, and the views of workers, local authorities, users and lawful economic operators shall be heard. Deterioration in indicators shall trigger explanation, improvement and parliamentary oversight, but shall not automatically establish that an official has committed a crime or authorise general subsidies without a budgetary basis.
Section 22
For major projects, scope, progress, amounts paid, estimated cost at completion and risks shall be published quarterly. Where expected actual costs rise by at least 10 per cent against the approved baseline, or delivery is delayed by at least six months, a risk warning and explanation of corrective action shall be issued. Adjustments based on lawfully published price indices shall be identified separately.
Section 23
A substantive change in core objectives, trunk network functionality, principal service regions, interprovincial alignment or local funding sources; a proposed increase in the real investment ceiling of at least 20 per cent; a proposed delivery delay of at least 12 months; or a funding change that makes a task unachievable shall constitute a major adjustment. Percentages shall be calculated on the same price basis and shall not be circumvented by splitting.
Section 24
Major adjustments shall be proposed by the Government with independent appraisal free from conflicts of interest, fiscal assessment, comparison of continuation, adjustment and cessation options, and a public explanation lasting at least 30 days. Audit bodies shall verify costs and compliance. Professional assessment shall not replace the decision of the competent body.
Section 25
Adjustments shall follow the original allocation of approval powers. Interprovincial trunk infrastructure projects and matters affecting local interests shall require separate consent by both Houses. Substantive adjustments to the list of commitments safeguarded across government terms shall require separate approval by three fifths of each House, without exemption because of a change of government, non-renewal of listing or the form of an annual budget. The President may request reconsideration once or seek review of legality under the Constitution, but shall not unilaterally cancel a project. Until an adjustment is approved, necessary work shall continue within safety constraints and approved funding, and no unapproved new commitments shall be incurred. Unlawful matters which a final court judgment requires to be revoked or stopped shall be corrected immediately in accordance with the law. The Government shall promptly propose follow-on transitional arrangements; a special majority shall not be used to maintain illegality.
Section 26
Comparison of project cessation options shall consider future costs, remaining benefits, contracts, demobilisation, land, ecology, alternative projects and network integration. Expenditure already incurred shall be audited, but sunk costs alone shall not justify further unreasonable expenditure; exit costs shall not be concealed either.
Section 27
Where there is a major risk to personal safety or the environment, or a major risk of illegality, the competent body may immediately suspend the necessary parts, report and publish reasons within 72 hours and submit the matter for review within 30 days. If suspension must continue beyond 60 days or would alter a core task, the major adjustment procedure shall begin. Lawful judicial interim protection or suspension of implementation shall not be subject to that time limit.
Section 28
Where an approved task is shelved, deprived of funding or refused implementation without proper reason for 90 consecutive days, the Government shall give both Houses a special explanation and lawfully arrange adjustment or resumption. Natural disasters, judicial interim protection and lawful temporary safety measures shall be explained separately. Repeated reliance on suspension shall not be used to delay indefinitely.
Section 29
Parliament shall oversee the performance of plans. The House of Regions shall focus on local tasks, funding and interprovincial networks. The Government shall provide a written response within 30 days of receiving oversight opinions.
Section 30
Audit bodies shall independently audit project funds, procurement, State-owned assets and major changes. Oversight bodies shall deal with indications of maladministration, corruption and dereliction. Policy errors, public welfare indicators and suspected illegality shall be treated according to different standards, and a single score shall not automatically determine criminal liability.
A policy choice made within lawful powers, without improper benefit, with truthful risk disclosure and following reasonable professional investigation shall not in itself constitute a crime of dereliction of duty merely because of a subsequent loss or failure to meet a forecast. That protection shall not apply to fabrication of facts, concealment of interests, unlawful acquiescence in a known major safety danger or gross negligence meeting the requirements of the Criminal Code. Criminality shall be determined by the courts under the Criminal Code and statutory evidence rules; audit and technical assessments shall not replace judgment.
Section 31
The public, local bodies and interested persons shall obtain planning and project information, make complaints and seek administrative remedies and judicial review in accordance with the law. Courts shall review powers, procedures, rights and statutory obligations, and shall not replace competent bodies in choosing particular industrial policies within lawful bounds.
Section 32
Concealment of major costs, falsification of assessments, evasion of adjustment, misappropriation of funds or refusal to perform statutory obligations shall incur the corresponding liability in accordance with the law. Suspected crimes shall be referred to procuratorial bodies. This Act shall not itself create criminal penalties which it does not specify.
Section 33
The National Development Commission and competent bodies shall standardise planning catalogues, project identifiers, data definitions and records. Government data sharing shall be confined to statutory purposes and necessary permissions and remain subject to oversight by the National Data Protection Commission and the judiciary.
Section 34
Existing plans, contracts and works shall remain valid after this Act is implemented. The Government shall publish within 180 days a schedule linking tasks, responsibilities and budgets. Verification of the schedule shall not be treated as a fresh project approval or used to stop works without proper reason.
Section 35
The first long-term strategy and five-year plan prepared under this Act shall be aligned with existing planning periods and shall not restart upon a change of government. Changes required to existing major projects shall remain subject to evaluation and approval under this Act. The transitional period shall not exempt formal adjustment.
Section 36
This Act shall enter into force on the date of promulgation. Implementing rules shall only elaborate procedures and shall not reduce safeguards for continuity of planning, financial scrutiny, openness or judicial remedies.