BASIC NATIONAL PLANNING SYSTEM LAW
GENERAL REGIME

LAW Nº 20/11 of April 14, 2011

The Constitution of the Republic of Angola has imprinted a new legal, political, economic, and social reality on the country.

This set of circumstances has been of benefit to an imperative need to go ahead and reform the national planning system, making it and its financial administration more efficient, where planning is a veritable management instrument geared to results, laying the groundwork to improve the way the State functions.

The National Planning System must promote the country’s sustained and harmonious development, ensuring the nation’s revenue being fairly distributed, along with conservation of the environment and its citizens' standard of life.

The National Assembly hereby approves, by mandate of the people, in accordance with the combined provisions of paragraph b) of article 161, of paragraph f) of Nº 1 of article 165, and of paragraph c) of Nº 2 of article 166, as enshrined in the Constitution of the Republic of Angola, the following:



BASIC NATIONAL PLANNING SYSTEM LAW
GENERAL REGIME This law establishes the general bases underpinning the National Planning System and national planning, encompassing the scope of application, definition, goals, principles, instruments, bodies involved, rules, and procedures necessary for the configuration and efficacy of those mechanisms of public administration. The National Planning System is the conceptual and normative structure for the preparation, execution, registration, monitoring and assessment of national planning, and regulatory instrument fostering national development, translated into the Executive’s goals, strategies, plans, programs and actions (projects and activities), and their respective results and impacts. The National Planning System and national planning seek to promote the sustained, harmonious and balanced, sectorial, and spatial development of the country, thereby ensuring the nation’s revenue being fairly distributed, along with conservation of the environment and its citizens' standard of life. The specific goals of the National Planning System and of national planning are to:

1. Guarantee a macroeconomic environment of stability, favorable to the development of a market economy and to entrepreneurial and national competitiveness;
2. Contribute to the reduction of regional asymmetries and social inequalities;
3. Safeguard environmental equilibrium, rational use of natural resources, and the conservation of historical and cultural heritage;
4. Express and harmonize the interests of economic agents, social groups, communities, and other representations of the civil society;
5. Promote the participation of the civil society and private sector in the definition and implementation of the strategic guidelines for national development;
6. Ensure efficiency and efficacy in the production of goods and public services, and that of the regulatory activity of the economy by the Executive Power;
7. Engage the mobilization efforts of human, technical, material and financial resources for national development, guiding their rational and efficient employment;
8. Gather, process, present and analyze information on the national reality, results, and impacts of the Executive Power’s plans, programs, and actions.

The National Planning System and national planning are guided by the following principles:

1. Respect for fundamental rights, freedoms and guarantees;
2. Respect for the Constitution and laws;
3. Indicative nature of planning in relation to private enterprise, through the orientation of public expenditure, regulation and stimulation of economic policy;
4. Flexibility in planning, aimed at adjusting to changes in the country’s socioeconomic reality, and its legal and institutional conditions;
5. Subsidiary and complementary linkage and coordination between national, sectorial, provincial and local authority planning levels;
6. Shared responsibility, between central, provincial and local levels of Executive Power, in relation to the system’s functions and obligations;
7. Standardization in the use of concepts, methodologies and planning tools by Central Government bodies and Provincial Governments;
8. Linkage of planning instruments with the General State Budget, so that the financial impact of the former is considered on the latter;
9. Incorporation and compatibility of the rules of execution, with those in effect for the General State Budget, for the financial and physical targets of plans, programs and actions;
10. Participation of civil society in national planning.

1. The National Planning System incorporates planning instruments to promote the country’s socioeconomic and territorial development, with a time horizon in annual and multiannual, medium- and long- terms.
2. The National Planning System’s instruments [with Portuguese acronyms] are:
1. Long-Term Strategy (ELP);
2. National Development Plan (PDN);
3. Development Expenditure Framework (QDD);
4. Development Expenditure Framework (QDD);
5. National Territorial Planning (PNOT);
6. Strategic Plans (PE);
7. Action Plans (PA);
8. Annual Plans (PAn);
9. Contingency Plans (PC).

The Long-Term Strategy (ELP), of a prospective nature, incorporates the country’s long-term strategic development options, being prepared on the basis of the analysis of scenarios, for national, sectorial, and territorial levels.

1. The National Development Plan (PDN), implementing the Long-Term Strategy, incorporates the Executive Power’s goals, strategies, programs, and actions, while also comprising the following characteristics:
1. Medium-term, prospective and multiannual nature;
2. Covering national, sectorial and provincial level of planning;
3. Including all sectors of relevance to socioeconomic and territorial development.
2. The National Development Plan (PDN) is the National Planning System’s (SNP) highest echelon plan, linking it directly to the Medium-Term Development Expenditure Framework (QDDMP) and the Sectorial and Provincial Development Plans (PDSP), National Territorial Planning (PNOT), Strategic Plans (PE), and indirectly to the Action Plans (PA) and Annual Plans (PAn).

The Medium-Term Development Expenditure Framework (QDDMP) incorporates expenditure on public investment and support for development, in accordance with the following guidelines:

1. The Medium-Term Development Expenditure Framework (QDDMP) is of a medium-term, prospective and multiannual nature;
2. The Medium-Term Development Expenditure Framework (QDDMP) is linked to the National Development Plan (PDN);
3. Development expenditure is estimated for a time horizon which will be defined for the National Development Plan (PDN);
4. Development expenditure is presented by way of programs, on national, sectorial and provincial levels, which abide by the system of classifiers linked to those adopted by the General State Budget and Public Investment Program(PIP);
5. Expenditure on investments is approved and disclosed in the form of a Public Investment Program (PIP) in accordance with a specific presidential decree.

Sectorial Development Plans (PDS) implement the sectorial contents of the Long-Term Strategy and incorporate the Executive Power’s goals, strategies, programs, and actions, for sectors, while also comprising the following characteristics:

1. Medium-term, multiannual nature;
2. Linkage to National Development Plan (PDN);
3. Covering sectorial planning level, with their actions also being presented on a provincial level.

Provincial Development Plans (PDP) implement the territorial contents of the Long-Term Strategy (ELP) and incorporate the Provincial Government's goals, strategies, programs, and actions, while also comprising the following characteristics:

1. Medium-term, multiannual nature;
2. Linkage to National Development Plan (PDN);
3. Covering provincial planning level, with their actions also being presented on a sectorial level.

Strategic Plans (PE) are prepared and approved by the Management Boards of public enterprises, while also comprising the following characteristics:

1. Medium-term, prospective and multiannual nature;
2. Linkage to the National Development Plan (PDN) and Sectorial Development Plan(PDS);
3. Structured to at least take into account the synthesis of the organizational situation, mission, future vision, strategic challenges, strategies, projects, budgets for operating and investment expenditure, and performance indicators;
4. The financial impact of actions will only be incorporated into the General State Budget (OGE), if they have been financed by treasury resources and/or foreign credit guaranteed by same, approved by the holder of Executive Power, according to law.

1. The major goals assigned to National Territorial Planning (PNOT) are to promote the harmonious development of those territories constituting national space, to guarantee respect for the country’s natural environment, and its historical and cultural heritage, and to oversee the impact of public and private agent activities on national territory.
2. National Territorial Planning (PNOT) is prepared, according to the General Bases of the Territorial & Urbanization Planning Law, as the instrument of the national planning system and the national territorial planning policy implementing it.
3. The preparation of National Territorial Planning (PNOT) abides by the following main characteristics:
1. Medium-term, prospective and multiannual nature, covering the whole of national territory;
2. Adopts development scenarios orientating the preparation of the Long-Term Strategy and National Development Plan;
3. Linkage to the Long-Term Strategy and National Development Plan (PDN);
4. Regulates and oversees the territorial impact of public and private agent activities.
4. Territorial or master plans for regional, provincial, local, and coastal planning are also considered as national territorial planning policy instruments, since they are linked to the national planning system and its instruments.

The preparation, execution and revision of the terms and periodicities of the Annual (PAn) and Medium- and Long-Term Plans must conform to the rules and regulations defined in this Law. Action Plans (PA) correspond to the annual specifics of the Strategic Plans (PE) and incorporate:

1. Goals, strategies, programs and actions for the year;
2. Presentation of actions organized into programs, broken down into activities and projects;
3. Definition of annual and quarterly physical and financial targets, as well as performance indicators;
4. Detailing of technical, material and human resources, and sources of financing required to viabilize actions;
5. Estimation of budget corresponding to resources essential for the execution of programs;
6. Definition of internal units responsible for the execution, control, monitoring, and assessment of actions.

1. Annual Plans (PAn) operationalize the Medium- and Long-Term Plans defined in articles 8, 10 and 11 of this chapter, presenting the following characteristics:
1. Operative nature;
2. Establishment of goals, strategies, programs and actions for the year;
3. Organization of actions into programs, according to sectorial and provincial levels, according to case;
4. Definition of annual and quarterly physical and financial targets, as well as performance indicators;
5. Detailing of technical, material and human resources, and sources of financing required to viabilize actions;
6. Estimation of budget corresponding to resources essential for the execution of their actions, taking the Development Expenditure Framework (QDDMP) as a reference;
7. Definition of internal units responsible for the execution, control, monitoring, and assessment of actions.
2. Annual (PAn) Plans must be designated as follows:
1. Annual National Development Plan (PADN), when referring to the annual operationalization of the National Development Plan;
2. Annual Sectorial Development Plan (ADP), when referring to the annual operationalization of Sectorial Development Plans;
3. Annual Provincial Development Plan (PADP), when referring to the annual operationalization of Provincial Development Plans (PDP).
3. Annual Plans (PAn) are linked to the General State Budget (OGE), which must take into account the annual financial impact of the actions of those plans, taking the Development Expenditure Framework as a reference.
4. The Public Investment Program, (PIP) referred to in paragraph e) of article 9 of this Law, is subject to Annual Programming, prepared, according to a specific presidential decree.

The structure of Medium- and Long-Term Plans and the schedule for Medium- and Long-Term Plans, Action Plans (PA), and Annual Plans (PAn) are defined according to the rules and regulations of this Law.

1. Programs are the building-blocks of plans, which belong to a set of linked projects and activities, earmarked for the realization of one or more goals.
2. Programs may be classified in the following way:
1. Specific program, which unites projects and activities with involvement in one sector of one province or of more than one province;
2. Multisectorial or integrated program, which unites projects and activities with involvement in more than one sector, entailing initiatives linked to more than one ministerial department;
3. Multisectorial or integrated program, which unites projects and activities with involvement in more than one sector, entailing initiatives linked to more than one ministerial department;
4. National Program, which unites projects and activities of initiatives of one or more central bodies of the Executive Power, with involvement in one or more sectors, in some or all of the country’s provinces.

1. Contingency Plans are the Executive Power’s response to imminent risk situations or to the occurrence of unpredicted events, of a climatic, environmental or socioeconomic nature, with the potential to cause or having caused damage to the population, natural elements, common heritage of the people or public, historic buildings, monuments, parks, squares, etc., and essential equipment and public services.
2. Contingency Plans comprise the following characteristics:
1. Emergency nature;
2. Aimed at safeguarding the life of citizens, conservation of assets of great natural and historic value, maintenance of integrity and satisfactory functioning of elements of common heritage of the people or public, and of essential equipment and public services;
3. The holder of Executive Power, i.e., the body responsible for civil defense, at central or provincial levels, takes the initiative when coordinating with the Provincial Government or Ministerial Department to which an event is most directly related;
4. For situations that may possibly arise and put the life of citizens in jeopardy, albeit with no certainty as to the time of their occurrence, contingency plans must be prepared proactively, presenting strategies and the means to act, so as to provide timely action on the part of the relevant bodies of Executive Power and with the urgency that those cases demand.
3. The existence of Contingency Plans does not dispense with the planning and adoption of preventive and structural measures to reduce the probability of the occurrence of events as referred to in the preceding article Nº 1 and, should it not be possible to avoid such events, to mitigate their potential damage.
4. Each year, the Executive sets aside funds in the General State Budget (OGE) for expenditure on the preparation of civil defense units and for the financing of Contingency Plan-related actions.

1. The Basic National Planning System encompasses the following types of bodies:
1. Political bodies;
2. Technical bodies;
3. Advisory body;
4. Participative bodies.
2. The System’s political bodies are:
1. The President of the Republic, as holder of Executive Power;
2. The National Assembly.
3. The System’s Advisory Body is the Cabinet.
~
4. The System’s technical bodies are:
1. On a central level, Ministerial Departments, including the body in charge of the executive coordination of the National Planning System, and bodies set up ad hoc to exercise functions delegated by the holder of Executive Power;
2. On a provincial level, Provincial Governments and provincial planning bodies.
5. The System’s participative bodies are:
1. On a central level, National Board for Social Concertation or Sectorial Boards for Social Concertation;
2. b) On a provincial level, Provincial Boards of Social Concertation.
6. The organization and operation of the National Planning System’s participative bodies are regulated by decree of the holder of Executive Power.

The National Assembly is empowered to:

1. Approve the general bases of the National Planning System;
2. Approve the general bases of territorial and urban planning;
3. Approve the General State Budget (OGE);
4. Analyze the General State Account.

The holder of Executive Power is exclusively empowered to:

1. Conduct the general coordination of national planning;
2. bConvey the Draft Basic National Planning System Law to the National Assembly for approval;
3. Convey the draft General State Budget (OGE) Law to the National Assembly for approval;
4. Approve, within the sphere of the National Planning System, the Long-Term Strategy, National Development Plan, Development Expenditure Framework, Sectorial and Provincial Plans, Annual Plans and Contingency Plans;
5. Approve multiannual, annual and half-yearly balance sheets of the instruments indicated in preceding paragraph d) and the General State Budget (OGE) balance sheets;
6. Define standards for transparency and accountability applicable to the National Planning System and planning instruments;
7. Delegate powers to the Ministerial Department in charge of development programming and other technical bodies belonging to the National Planning System for the satisfactory functioning of the system and for the execution, monitoring and assessment of planning instruments.

The Cabinet is empowered, within the sphere of the National Planning System, to appraise the opinions of the Economic Team on:

1. Long-Term Strategy;
2. National Development Plan;
3. Development Expenditure Framework;
4. Sectorial and Provincial Plans;
5. Annual Plans and Contingency Plans;
6. Balance sheets on the execution of annual, medium- and long-term plans.

1. By delegation of the holder of Executive Power, the Ministerial Department in charge of development programming is empowered, in its capacity as the National Planning System’s executive coordinating body, to:
1. Prepare technical and scenario studies on the Angolan economy to subsidize national planning instruments;
2. Define concepts, methodology, structure, contents, detailed preparation and monitoring schedule, and technical procedures for the preparation, execution, monitoring and assessment of national planning instruments;
3. Coordinate the preparation, monitoring and assessment of the Long-Term Strategy, National Development Plan, Development Expenditure Framework, Public Investment Program (multiannual and annual programming), Sectorial and Provincial Plans and Annual Plans;
4. Coordinate the preparation of multiannual, annual and half-yearly balance sheets on national planning instruments, as indicated in paragraph c) of this number;
5. Coordinate the holding of civil society consultations required for the preparation, monitoring and assessment of national planning instruments, as indicated in paragraph c) of this number;
6. Maintain integrated computerized information system on the evolution of the country’s socioeconomic and territorial reality, the physical and financial targets for national planning instruments, as indicated in paragraph c) of this number, and performance indicators for those instruments;
7. Strive for compliance with standards of transparency and accountability to society, defined by the holder of Executive Power, with regard to the results of the preparation, execution and monitoring of national planning instruments, as indicated in paragraph c) of this number;
8. Other powers of a technical nature required for the efficient management of the National Planning System.
2. In the exercise of powers related to the management of the National Planning System, the Ministerial Department, in charge of the development programming, shall act in harmony and with the cooperation of other bodies belonging to the system, with it being authorized to request them to provide information and measures for the satisfactory formulation, execution, monitoring and assessment of the planning instruments indicated in the preceding number, as well as the instilling of practices of transparency and accountability to society, that may be eventually established.

1. By delegation of the holder of Executive Power, the Ministerial Departments and Provincial Governments, are empowered in their capacity as bodies belonging to the National Planning System, to:
1. Prepare technical sectorial or provincial studies on the Angolan economy to subsidize Sectorial and Provincial Plans, according to case, and respective Annual Plans;
2. Prepare, monitor and assess Sectorial and Provincial Plans, according to case, and respective Annual Plans;
3. Cooperate with initiatives of the Ministerial Department in charge of programming and development in the coordination of the preparation, monitoring and assessment of the National Development Plan, Development Expenditure Framework and Annual National Development Plan;
4. Prepare multiannual, annual, and half-yearly balance sheets on Sectorial and Provincial Plans, according to case, and respective Annual Plans;
5. Coordinate the holding of civil society consultations required for the preparation, monitoring and assessment of Sectorial and Provincial Plans, according to case, and respective Annual Plans;
6. Maintain integrated computerized information system, linked to the central information system maintained by the Ministerial Department in charge of programming and managing development, on the evolution of the sectorial and provincial socioeconomic reality, physical and financial targets for Sectorial and Provincial Plans, respective Annual Plans and performance indicators for those instruments;
7. Supply institutions and other sections of the national and international civil society, in conjunction with other bodies belonging to the system, with information on the results of the execution of Sectorial and Provincial Plans, according to case, respective Annual Plans and performance indicators for those instruments;
8. Other powers of a technical nature required for the preparation, monitoring and assessment of Sectorial and Provincial Plans, according to case, and respective Annual Plans.
2. The sectorial and provincial planning bodies are auxiliaries of sectorial Ministerial Departments and the Provincial Governments, respectively, in the exercise of the powers defined in the preceding number, receiving, therefore, technical assistance and guidance from the Ministerial Department in charge of programming and managing development.

1. The national, sectorial and provincial plans, Public Investment Program and its annual programming, which have been approved, shall remain in effect up until the end of the periods for which they were prepared, provided that these do not extend beyond the current legislative period.
2. Should the periods duly assigned to plans, as referred to in the preceding number, extend beyond the legislative period, the said periods of those instruments shall be reduced in order to conform with the legislative period.
3. The execution of plans remaining in effect, in relation to the provision, in the preceding numbers shall abide by the principles and procedures of the National Planning System as defined in this Law, including rules on the revision of planning instruments, which may be defined eventually in the regulations contained in this Law.
4. The Executive is authorized to draw up the National Development Plan for the 2011-2012 biennium, irrespective of the periodicity that may be defined eventually for the preparation of the PDN, in this Law’s regulations, in order to complete the 2009-2012 legislative period.

All legislation contrary to that which is provided for in this Law is hereby repealed. This law must be regulated within the period of 90 (ninety) days, counting from the date of its publication. This law shall come into effect on the date of its publication. Any doubts and omissions arising out of the application and interpretation of this Law shall be resolved by the National Assembly


Seen and approved by the National Assembly, Luanda, November 18, 2010.

The Speaker of the National Assembly,
António Paulo Kassoma.

Promulgated on December 20, 2010.

Let it be published.
The President of the Republic.
JOSÉ EDUARDO DOS SANTOS.