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THE
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
1100/TT-MTg
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Hanoi,
August 20, 1997
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CIRCULAR
GUIDING THE DRAWING AND EVALUATION OF REPORTS ON THE
ASSESSMENT OF ENVIRONMENTAL IMPACT OF INVESTMENT PROJECTS
Pursuant to the Law on Environmental
Protection, passed by the National Assembly on December 27, 1993;
Pursuant to Decree No.22-CP of May 22, 1993 of the Government on the tasks,
powers and organizational structure of the Ministry of Science, Technology and
Environment;
Pursuant to Decree No.175-CP of October 18, 1994 of the Government guiding the
implementation of the Law on Environmental Protection;
Pursuant to Decree No.42-CP of July 16, 1996 of the Government promulgating the
Regulation on the Management of Investment and Construction;
Pursuant to Decree No.12-CP of February 18, 1997 of the Government detailing
the implementation of the Law on Foreign Investment in Vietnam;
The Ministry of Science, Technology and Environment provides the following
guidances on the contents and process of drawing and evaluating the reports on
the assessment of environmental impact of domestic and foreign investment
projects in Vietnam.
I. GENERAL PRINCIPLES:
1. According to the provisions of Article 9,
Chapter 3, Decree No.175-CP of the Government guiding the drawing of reports on
the assessment of environmental impacts.
2. According to the provisions of Article 5,
Decree No.42-CP and Article 39, Decree No.12-CP, due to difference in the
nature, form of operation, technological standard, scope and location of the
projects and the extents of environmental impacts of such projects, the
Ministry of Science, Technology and Environment classifies the projects into
the three following types:
2.1. Projects which need no report on the
assessment of environmental impact (Appendix I)
2.2. Projects not included in Appendice I and II
which require detailed reports on the assessment of environmental impact.
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Step 1: To apply for an investment license, a
preliminary report on the assessment of environmental impact must be made;
Step 2: After the investment license is
obtained, a detailed report on the assessment of environmental impact must be
made and the evaluation procedures must be completed before starting the
construction of the project.
3. Projects with different production stages
which are carried out in different localities or vary greatly in their
production character/technology (factories, material production/ exploitation
areas, ports/specialized railway stations...), the report on the assessment of
environmental impact is required for each stage.
4. Time for environmental evaluation to issue
investment license:
a/ For a report on the preliminary assessment of
the environmental impact, the license shall be granted within 15 days after the
receipt of a full and valid dossier. If the dossier is incomplete, the
environmental evaluation agency shall inform the agency competent to issue the
investment license thereof so that the latter requests the investor to
supplement the dossier within 7 days after the receipt of the project dossier.
b/ For a detailed report on the assessment of
the environmental impact, the license shall be granted within 60 days after the
receipt of a full and valid dossier. If the dossier is incomplete, the
evaluating agency shall have to inform the investor thereof so that the latter
completes it within 10 days after the receipt of the project dossier.
5. The result of the evaluation of the report on
the assessment of environmental impact shall serve as basis for the
consideration, approval and granting of a construction permit and the
inspection of the environmental treatment facilities at the project (upon its
completion) before issuing an environmental qualification certificate and
allowing the project to operate.
II. IMPLEMENTATION STAGES:
1. The stage of investment license application
or drawing of the pre-feasibility study report (if any); and feasibility study:
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1.2. Projects of type 2:
The economic-technical report (or feasibility
study report) of the project, when applying for investment license (as
prescribed in Article 14 of Decree No.42-CP and Articles 10, 13 and 27 of
Decree No.12-CP), must contain a separate part or chapter briefly defining the
factors of the project that may impact the environment (as defined in Appendix
III). This shall serve as basis for the State agencies in charge of
environmental protection to consider and evaluate the dossier.
1.3. Projects of type 3:
Such projects must go through 2 steps:
- Step 1: Making a separate preliminary report
on the assessment of environmental impact (according to Appendix IV) which
shall be submitted together with the pre-feasibility study report stipulated in
Article 13 of Decree No.42-CP (the pre-feasibility study step) and the dossier
of application for investment license stipulated in Articles 10, 13 and 27 of
Decree No.12-CP. This shall serve as basis to consider the issue of an investment
license.
If the preliminary report on the assessment of
environmental impact has clearly detailed the production technology, raw
materials, fuel, the evaluation of the extent and scope of negative
environmental impact as well as the plans on waste reduction and waste treament
technology that meets Vietnam�s
environmental standards (defined in Item II.1.1 above), the Ministry of
Science, Tecnology and Environment may consider the exemption of the drawing of
the detailed report on the assessment of environmental impacts.
- Step 2: Making the detailed report on the
assessment of environmental impacts as specified in Item 2 below.
2. The designing and construction stage:
For projects of types 2 and 3, after obtaining
the investment license and confirming the site for construction, the project
owner must make a detailed report on the assessment of environmental impact and
submit it to the State agency in charge of environmental protection for
evaluation according to the assignment of responsibilities defined in Appendix
II of Decree No.175-CP.
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The contents of the detailed report on the
assessment of environmental impact are defined in Appendix I.2, Decree
No.175-CP.
A dossier to be submitted for evaluation shall
include:
- An application for evaluation of the report on
the assessment of environmental impact submitted by the project owner to the
State agency in charge of environmental protection (according to the form defined
in Appendix V)
- The detailed report on the assessment of
environmental impacts: 9 copies in Vietnamese; for a foreign direct investment
project or joint venture project with a foreign party, an English version of
the report shall be added.
- The economic-technical report (feasibility
study report): one copy.
3. The stage of construction completion:
At the end of the stage of construction, before
the project is allowed to be put into use, the State agency in charge of
environmental protection shall have:
- To coordinate with the construction permit
granting agency in inspecting the waste treament facilities and other safety
conditions in accordance with the regulations on environmental protection.
- If the project is found not up to the ratified
environmental standards, to request the project owner to take measures in
compliance with the evaluated report on the environmental impact assessment
before allowing the project to operate. When the requirements on environmental
protection have been met by the project owner, the State agency in charge of
environmental protection shall issue an environmental qualification
certificate.
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III. ORGANIZATION OF
EVALUATION:
Due to the different extents of environmental
impact and the diverse forms of operation and sizes of projects and to make it
suit to the work of State management, the competence to evaluate the reports on
environmental impact assessment shall be assigned as follows:
- According to Article 18 of the Law on Environmental
Protection, the projects that greatly affect the environment shall be
considered by the National Assembly Standing Committee. The time-limit for
consideration shall be defined by the National Assembly.
- The Ministry of Science, Technology and Environment
shall evaluate Group-A projects as prescribed in Decree No.42-CP, Decree
No.12-CP; and Appendix II of this Circular, and the projects assigned to it
according to Decree No.175-CP.
- The People�s
Committees of the provinces and cities directly under the Central Government
shall evaluate the remaining projects in Decree No.12-CP, Decree No.42-CP and
projects assigned thereto as defined in Decree No.175-CP.
The Presidents of the People’s Committees of the
provinces and cities directly under the Central Government may authorize the
Directors of the provincial/municipal Science, Technology and Environment
Services to personally conduct the evaluation and issue the decision ratifying
reports on the environmental impact assessment for the projects assigned to
them.
For some projects which do not fall under the
locality’s competence to evaluate, if the locality deems it capable of making
evaluation, the provincial People’s Committee or the Science, Technology and
Environment Service (mandated by the provincial People’s Committee) may make a
written request and send it to the Ministry of Science, Technology and
Environment for the authorization to evaluate. The evaluation shall be
conducted only when there is a written authorization from the said Ministry and
only then shall the evaluation results become valid. The time-limit for the
Ministry to issue a written authorization is 10 days after receiving the
written request and the full dossier of the project.
When a preliminary report on the environmental
impact assessment is approved or rejected, the environment evaluation agency
shall inform in writing the investment license granting agency (according to
the one-door-only principle) of specific reasons for the consideration of the
granting of license to the project.
If a detailed report on the environmental impact
assessment is approved, the evaluation agency shall issue a decision for
ratification. Such a decision shall be sent to: the project owner, the
provincial/municipal People’s Committee and the Science, Technology and
Environment Service of the province or city where the project is implemented
(provided that the project is subject to the evaluation by the Ministry of
Science, Technology and Environment) and the branch Ministry. For projects
subject to the evaluation by local authorities, the evaluation results must
also be sent to the Ministry of Science, Technology and Environment right after
evaluation.
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IV. ON THE ENVIRONMENTAL
STANDARDS:
All projects implemented on the Vietnamese
territory must apply Vietnam�s
environmental standards issued by the Minister of Science, Technology and
Environment together with Decision No.2920-MTg of December 21, 1996. Projects
implemented in localities that have their own environmental standards shall
apply such local standards, especially in environmentally sensitive areas or
key areas for environmental protection. However, such standards must not be
lower than those published by the Ministry of Science, Technology and
Environment.
In cases where the standards to be applied are
not prescribed in the Vietnam�s
environmental standards, the project owner may apply the 1993 provisional
standards set by the Ministry of Science, Technology and Environment, refer to
the equivalent standards of the country that has its technology and equipment
transferred into Vietnam or the equivalent standards of a third country, but
only after he/she obtains a written permission from the Ministry of Science,
Technology and Environment.
V. IMPLEMENTATION PROVISIONS:
- This Circular replaces Circular No.715-TTg
issued by the Ministry of Science, Technology and Environment on April 3, 1995.
- With regard to projects defined in Appendix II
of this Circular (subject to the two-step formulation of reports on
environmental impact assessment):
+ If they have been granted investment licenses
before this Circular takes effect without making the detailed report on
environmental impact assessment, such report must be formulated and submitted
to the State agency in charge of environmental protection for evaluation.
Pending the consideration for granting the
investment license, the preliminary report on the environmental impact
assessment must be added to the dossier of application for licenses.
- This Circular takes effect 15 days after its
signing.
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FOR THE MINISTER OF SCIENCE,
TECHNOLOGY AND ENVIRONMENT
VICE MINISTER
Chu Tuan Nha
APPENDIX I
PROJECTS SUBJECT TO THE MAKING OF REPORTS ON
ENVIRONMENTAL IMPACT ASSESSMENT WHEN APPLYING FOR INVESTMENT LICENSES
1. Consulting offices
2. Working offices
3. Banks, financial and auditing establishments
4. Post and telecommunications services (except
for high-frequency transmitting stations)
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6. Evaluation (except for technical evaluating
agencies that use toxic chemicals, inflammable, explosive or radioactive
materials)
7. Press distribution establishments, publishing
houses (excluding printing houses)
8. Radio and television stations (including
transmitting aerial mast under 100m high)
9. Hotels (with less than 100 rooms and without
swimming pools, golf courses)
10. Trade centers, department stores
11. Business services
12. Catering services
13. Mechanical assembly (without painting, galvanizing,
machine parts processing...)
14. Electronic assembly (without machine part
production, painting, galvanizing)
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16. Yarn spinning, weaving (excluding dyeing,
bleaching, cloth-printing)
17. Consumer goods manufacture: shoe making,
stationeries, book binding, leather/canvas sewing... (excluding the production
of printing ink of various kinds), with less than 10 workers.
18. Woodwork processing (excluding soaking and
protection of wood)
19. Fine-art goods processing
20. Resettlement areas with less than 100
households
21. Power stations using wind or solar energy.
22. Small hydro-electric stations of under 10
KVA
23. Small irrigation works capable of draining
and irrigating an area of under 100 ha
24. Afforestation and concentrated planting of
industrial trees of less than 50 ha
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APPENDIX II
LIST OF PROJECTS SUBJECT TO TWO-STEP DRAWING OF
REPORTS ON ENVIRONMENTAL IMPACT ASSESSMENT
1. Offshore and inland oil and gas exploitation,
placement of oil and gas pipelines, construction of petroleum depots.
2. Oil refining, petro-chemistry
3. Projects that directly affect (according to
the distances of waste gas and water discharge) nature preserve, sensitive
ecological areas and tourist resorts. Areas with signs of environmental
overload (such areas shall be specified by the specialized ministries)
4. Metallurgy
5. Nuclear reactors
6. Airports
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8. Urban planning and key economic areas
9. Production/storage of chemicals, weaving and
dyeing, tanning
10. Paper pulp making
11. High-frequency transmitting stations
12. Deep-water ports (accessible to ships of
more than 10,000 T)
13. Reservoirs, irrigation/hydro-electric systems
(with capacity of more than 10 million m3)
14. Motorways
15. Garbage treatment areas, garbage burial
sites, garbage incinerators, organic fertilizer processing.
16. Gold and rare earth exploitation.
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18. Planning of waste water treatment centers
with capacity of more than 10,000 m3/day
19. Crematoria.
APPENDIX III
REPORT ON FACTORS AFFECTING THE ENVIRONMENT
(may be made in a separate chapter or part in the economic-technical report
when applying for investment license)
I. BRIEF DESCRIPTION OF MAIN FACTORS THAT
AFFECT THE ENVIRONMENT:
1. Materials on the environmental status at the
place where the project is to be implemented: (the quality of surface and underground
water; the quality of air, land, ecological system...). General comments on the
extent of pollution at the place where the project is to be implemented.
2. Description of the diagram/production
technological process, estimates of materials/fuel to be used, list of
chemicals... (if they are not mentioned in the economic-technical report).
3. When the project is implemented, the main
factors that may affect the environment due to the operation of the project
must be substantiated (estimated amount of waste gas and water, solid waste,
noise...). Estimate of the extent of potential impact on the environment.
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APPENDIX IV
CONTENTS OF A PRELIMINARY REPRORT ON THE
ENVIRONMENTAL IMPACT ASSESSMENT
(for projects subject to two-step drawing of reports on the environmental
impact assessment)
I. INTRODUCTION
1. Purpose of the report
2. Data and material bases used in the report
3. Brief description of operation of the project
(raw materials, technological scheme, products, fuel, support system)
II. DATA ON THE ENVIRONMENTAL STATUS
Qualitative evaluation (or quantitative
evaluation, if possible, in form of data tables) on the environmental status at
the place where the project is to be implemented. Qualitative evaluation of
pollution according to the extent: serious, average, light or unclear, for each
of the natural environmental factors (land, surface/underground water, air,
ecological system...)
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General evaluation of each environmental factor
with emphasis laid on those factors affected mainly due to the operation of the
project:
1. Waste gas: from what process and pollutants,
estimated amount thereof...
2. Waste water: from what process and
pollutants, estimated amount thereof...
3. Solid wastes: classification of their
composition, quantity
4. Other factors: noises, heat...
5. Potential incidents: fire, explosion, oil overflow,
leakage of toxic gas or radioactive substances...
6. Evaluation of the potential impact on each
environmental factor; air, water, land, ecological system...
7. Other related impacts.
IV. MEASURES FOR LESSENING THE IMPACTS
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1. The map of the location where the project is
to be implemented with marks, names and production forms of production
establishments, the previous projects, the population centers in the area...,
which may suffer from reciprocal environmental impacts.
2. Tables and data clarifying the related
environmental issues (if any).
APPENDIX V.1
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
(Place), date
month 1997
APPLICATION FOR EVALUATION OF A PRELIMINARY REPORT
ON THE ENVIRONMENTAL IMPACT ASSESSMENT
To: The Ministry
of Science, Technology and Environment
(the People�s Committee of the province
or city directly under the Central Government)
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Address:------------------------------------------------------------------------------------------------------------
The project site:--------------------------------------------------------------------------------------------------
Telephone number:-----------------; Fax
number:---------------------------------------------------------------
We would like to send to the Ministry (the
provincial/municipal People�s
Committee) the following dossiers:
- The economic-technical report (01 copy in
Vietnamese)
- The report on the environmental impact
assessment (02 copies in Vietnamese).
We stand guarantee for the accuracy of data in
these documents and pledge that our project shall not use those chemicals or
microbiological species banned in Vietnam or by international treaties which
Vietnam has acceded to. We also assure that all standards and norms of the
countries and international organizations extracted and used in our reports are
accurate and still valid.
We shall take responsibility before law of the
Socialist Republic of Vietnam for any inaccuracy or misinformation.
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Director of the
project
(signature and
seal)
APPENDIX V.1
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
(Place), date month 1997
APPLICATION FOR EVALUATION OF A DETAILED REPORT ON
THE ENVIRONMENTAL IMPACT ASSESSMENT
To: The Ministry
of Science, Technology and Environment
(the People�s Committee of the province
or city directly under the Central Government)
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Address:------------------------------------------------------------------------------------------------------------
The project
site:--------------------------------------------------------------------------------------------------
Telephone number:------------------; Fax
number:--------------------------------------------------------------
We hereby send to the Ministry (the
provincial/municipal People�s
Committee) the following dossiers:
- The economic-technical report (01 copy in Vietnamese)
- The report on the environmental impact
assessment (09 copies in Vietnamese and one copy in English).
We stand guarantee for the accuracy of data in
these documents and pledge that our project shall not use those chemicals or
microbiological species banned in Vietnam or by international treaties which
Vietnam has acceded to. We also assure that all standards and norms of the
countries and international organizations extracted and used in our reports are
accurate and still valid.
We shall take full responsibility before law of
the Socialist Republic of Vietnam for any inaccuracy or misinformation.
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Director of the
project
(signature and
seal)