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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
29/2011/ND-CP
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Hanoi,
April 18, 2011
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DECREE
PROVIDING STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL
IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION COMMITMENT
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
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Article 2. Subjects of application
This Decree
applies to organizations and individuals engaged in activities related to
strategic environmental assessment, environmental impact assessment and
environmental protection commitment in the territory of the Socialist Republic
of Vietnam.
Chapter II
STRATEGIC ENVIRONMENTAL
ASSESSMENT
Article 3. Subjects and forms of strategic environmental
assessment
1. Detailed
strategic environmental assessment for strategies, master plans and plans of
five (5) years or more provided in Part A of Appendix I to this Decree shall be
incorporated in those strategies, master plans and plans.
2. Detailed
strategic environmental assessment for strategies, master plans and plans of
five (5) years or more provided in Part B of Appendix I to this Decree shall be
presented in a separate report.
3. Brief
strategic environmental assessment for strategies, master plans and plans of
five (5) years or more of national sectors and domains outside the list in
Appendix I to this Decree shall be incorporated in those strategies, master
plans and plans.
4. Strategic
environmental assessment is not compulsory for five-year plans formulated in
conformity with master plans of sectors and domains whose strategic
environmental assessment reports have been appraised.
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Article 4. Time for strategic environmental assessment and
requirements on use of assessment results
1. Strategic
environmental assessment shall be conducted concurrently with the formulation
of a strategy, master plan or plan.
2. Strategic
environmental assessment results shall be integrated into documents of a
strategy, master plan or plan.
Article 5. Contents of strategic environmental assessment
report
1. A separate
report on detailed strategic environmental assessment has the following major
contents:
a/ Brief
description of the strategy, master plan or plan;
b/ The
strategic environmental assessment process; description of the scope of study
of the strategic environmental assessment and major environmental issues
related to the strategy, master plan or plan;
c/
Description of past developments and prediction of major environmental trends
in case of failure to implement the strategy, master plan or plan;
d/ Assessment
of conformity of viewpoints and objectives of the strategy, master plan or plan
with environmental protection viewpoints and objectives; assessment and
comparison of development options of the strategy, master plan or plan;
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f/
Consultation of involved parties in the process of strategic environmental
assessment;
g/ Proposals
on adjustment of the strategy, master plan or plan and measures to prevent and
mitigate adverse environmental impacts;
h/ Indication
of sources of statistics, data and assessment methods;
i/
Conclusions and recommendations.
2. A
strategic environmental assessment report incorporated in a strategy, master
plan or plan has the following major contents:
a/ The
strategic environmental assessment process; description of the scope of study
of the strategic environmental assessment and major environmental issues
related to the strategy, master plan or plan;
b/ Assessment
of conformity of viewpoints and objectives of the strategy, master plan or plan
with environmental protection viewpoints and objectives; assessment and
comparison of development options of the strategy, master plan or plan;
c/ Assessment
of impacts on major environmental issues in case of implementation of the
strategy, master plan or plan;
d/
Consultation of involved parties in the process of strategic environmental
assessment;
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f/
Conclusions and recommendations.
3. A brief
strategic environmental assessment report has the following major contents:
a/ The
strategic environmental assessment process; scope of study of the strategic
environmental assessment and major environmental issues related to the
strategy, master plan or plan;
b/ Assessment
of impacts on major environmental issues in case of implementation of the
strategy, master plan or plan;
c/ Proposals
on adjustment of the strategy, master plan or plan and measures to prevent and
mitigate adverse environmental impacts;
d/
Conclusions and recommendations.
4. The
Ministry of Natural Resources and Environment shall specify requirements on
contents of detailed and brief strategic environmental assessment reports; and
elaborate and promulgate technical guidelines for specialized strategic
environmental assessment.
Article 6. Dossiers of request for appraisal of strategic
environmental assessment reports
1. A dossier
of request for appraisal of a separate detailed strategic environmental
assessment report comprises:
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b/ The
detailed strategic environmental assessment report;
c/ The draft
strategy, master plan or plan.
2. A dossier
of request for appraisal of a detailed strategic environmental assessment
report incorporated in a strategy, master plan or plan comprises:
a/ A written
request for appraisal;
b/ The draft
strategy, master plan or plan incorporating the detailed strategic
environmental assessment report.
3. A dossier
of request for appraisal of a brief strategic environmental assessment report
comprises:
a/ A written
request for appraisal;
b/ The draft strategy,
master plan or plan incorporating the brief strategic environmental assessment
report.
4. The
Ministry of Natural Resources and Environment shall specify the number and
specifications of the dossiers provided in Clauses 1, 2 and 3 of this Article.
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1.
Responsibilities for appraisal of strategic environmental assessment reports
are provided as follows:
a/ The
Ministry of Natural Resources and Environment shall appraise strategic environmental
assessment reports of strategies, master plans and plans approved by the
National Assembly, the Government or the Prime Minister, except those of
security and defense secrets;
b/ The
Ministry of Public Security or the Ministry of National Defense shall assume
the prime responsibility for, and coordinate with the Ministry of Natural
Resources and Environment in, appraising strategic environmental assessment
reports of strategies, master plans and plans involving security or defense
secrets approved by the National Assembly, the Government or the Prime
Minister;
c/
Ministries, ministerial-level agencies and government-attached agencies shall
appraise strategic environmental assessment reports of strategies, master plans
and plans falling under their respective approving competence;
d/
Provincial-level People’s Committees shall appraise strategic environmental
assessment reports of strategies, master plans or plans falling under their
approving competence and provincial-level People’s Councils.
2. Agencies
formulating strategies, master plans or plans (below referred to as project
owners) shall submit dossiers of request for appraisal of strategic
environmental assessment reports to the agencies responsible for appraising
strategic environmental assessment reports provided in Clause 1 of this
Article.
3. Agencies
appraising strategic environ-mental assessment reports shall, within the time
limit provided in Article 8 of this Decree, appraise strategic environmental
assessment reports and notify appraisal results to project owners. Within seven
(7) working days after receiving an invalid dossier, they shall send a notice
to the project owner for modification and supplementation.
4. Strategic
environmental assessment reports shall be appraised by appraisal councils.
5. The head
of an agency responsible for appraising strategic environmental assessment
reports shall set up an appraisal council which is composed of representatives
of agencies directly related to environmental issues of a strategy, master plan
or plan, specialists and other concerned organizations, including the council
chairman, a vice chairman, if necessary; one (1) secretary; two (2)
counter-arguing members and other members.
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7. When
necessary, an agency responsible for appraising a strategic environmental
assessment report shall:
a/ Survey the
project area and its neighborhood;
b/ Verify and
evaluate information, data, analysis results, assessments and predictions of
the strategic environmental assessment report;
c/ Consult
concerned socio-political organizations, social organizations,
socio-professional organizations and specialists;
d/ Hold theme-based
assessment meetings of specialists.
8. The
Ministry of Natural Resources and Environment shall detail the appraisal of
strategic environmental assessment reports.
Article 8. Time limit for appraisal of strategic environmental
assessment reports
1. The time
limit for appraising a detailed strategic environmental assessment report is
forty-five (45) working days after receiving a complete and valid dossier. For
a strategic environmental assessment report to be appraised by a
provincial-level People’s Committee, the time limit is thirty (30) working days
after receiving a complete and valid dossier.
2. The time
limit for appraising a brief strategic environmental assessment report is
thirty (30) working days after receiving a complete and valid dossier.
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Article 9. Responsibilities of project owners after the
appraisal of strategic environmental assessment reports
1. When a
strategic environmental assessment report is approved or approved on condition
of modification and supplementation, the project owner shall:
a/ Finalize
the strategic environmental assessment report on the basis of comments of the
appraisal agency;
b/ Finalize
the strategy, master plan or plan on the basis of comments of the appraisal
agency. Make specific explanations, if it has different opinions;
c/ Make
written explanations about the absorption of appraisal comments enclosed with
the revised strategy, master plan or plan and the revised and supplemented
strategic environmental assessment report and send them to the appraisal
agency.
2. When a
strategic environmental assessment report is disapproved, the project owner
shall:
a/ Make another
strategic environmental assessment report;
b/ Submit a
dossier of request for appraisal of the strategic environmental assessment
report to the appraisal agency for appraisal.
Article 10. Reporting on appraisal results of strategic
environmental assessment reports
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2. The report
on appraisal results of a strategic environmental assessment report is one of
the bases for the appraisal and approval of the strategy, master plan or plan.
3. The
Ministry of Natural Resources and Environment shall detail the contents and
forms of the appraisal report and minutes of the appraisal council meetings.
Article 11. Responsibilities of agencies appraising and
approving strategies, master plans and plans
An agency
appraising and approving a strategy, master plan or plan shall comprehensively
and objectively consider proposals and recommendations made in the appraisal
report and strategic environmental assessment report when appraising and
approving such strategy, master plan or plan.
Chapter III
ENVIRONMENTAL IMPACT
ASSESSMENT
Article 12. Projects subject to environmental impact
assessment reporting and responsibilities of project owners for environmental
impact assessment reporting
1. Projects
subject to environmental impact assessment reporting are provided in Appendix
II to this Decree.
2. A project
owner shall make, or hire an institution meeting the conditions provided in
Clause 1, Article 16 of this Decree to make, an environmental impact assessment
report for its investment project.
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a/ The
project location is changed;
b/ The
project is not implemented within thirty-six (36) months after the issuance of
a decision approving the environmental impact assessment report;
c/ The size,
capacity or technology of the project is changed, resulting in increased
adverse environmental impacts or scope of impacts.
Article 13. Time of elaboration, submission and approval of
environmental impact assessment reports
1. An
environmental impact assessment report shall be made concurrently with the
formulation of the investment project (feasibility study report).
2. The time
of submitting and approving an environmental impact assessment report is
provided as follows:
a/ For a
prospecting or mining project, the project owner shall submit the environmental
impact assessment report before proposing a competent agency to grant or modify
the prospecting or mining license. The decision approving an environmental
impact assessment report is a basis for a competent authority to grant or
modify a prospecting or mining license;
b/ For an oil
and gas exploration project specified in Section 1 or 2 of Appendix II to this
Decree, the project owner shall submit the environmental impact assessment
report before drilling for oil and gas. For an oilfield exploitation project,
the project owner shall submit the environmental impact assessment report
before the approval of the oilfield development plan. The decision approving
the environmental impact assessment report is a basis for a competent authority
to approve the oilfield development plan;
c/ For a
project with a work item subject to construction licensing, the project owner
shall submit the environmental impact assessment report before proposing a
competent agency to grant or modify the construction license. The decision
approving the environmental impact assessment report is a basis for a competent
authority to grant or modify a construction license;
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Article 14. Consultation in the process of environmental
impact assessment reporting
1. When
making an environmental impact assessment report, the project owner (except the
cases specified in Clause 3 of this Article) shall consult:
a/ The
People’s Committee of the commune, ward or township (below referred to as
commune level) in which the project is to be implemented;
b/
Representatives of communities and organizations directly affected by the
project.
2. A project
owner investing in a consolidated production, business or service zone with its
production, business or service line unconformable with the sector and trade
planning in the approved environmental impact assessment report of such zone
shall consult the agency having approved the environmental impact assessment
report in the phase of building the zone’s infrastructure facilities.
3.
Consultation is not required in the following cases:
a/ An
investment project in a consolidated production, business or service zone whose
environmental impact assessment report has been approved by a competent
authority in the phase of building the zone’s infrastructure facilities,
provided that this project conforms with the sector and trade planning in the
approved environmental impact assessment report of such zone;
b/ An
investment project in a sea area for which the administration responsibility
has not yet been assigned to any commune-level People’s Committee;
c/ An
investment project involving state secrets.
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1.
Consultation of the commune-level People’s Committee and representatives of
communities and organizations directly affected by a project is conducted as
follows:
a/ The
project owner shall send to the commune-level People’s Committee and
representatives of communities and organizations directly affected by the
project a written request for consultation together with brief documents on the
project’s major investment items, environmental issues and environmental
protection solutions;
b/ When
necessary, the commune-level People’s Committee may convene representatives of
organizations and communities directly affected by the project to a meeting,
notify the project owner of the time, place and participants of the meeting and
together with the project owner chair such meeting within ten (10) working days
after receiving the project owner’s written request for consultation;
c/ Results of
the meeting between the project owner, the consulted agency and involved
parties shall be recorded in writing, including the list of participants and
all discussed opinions and opinions absorbed or not absorbed by the project
owner. The record must contain the signatures of the project owner
representative (with full name and title) and representatives of involved
parties participating in the meeting;
d/ Within
fifteen (15) working days after receiving a written request for consultation,
the commune-level People’s Committee shall reply the project owner in writing
and make public such reply. Past this time limit, if a consulted agency fails
to send a written reply to the project owner, it is regarded as agreeing with
the project owner’s investment plan;
e/ Agreeing
and disagreeing opinions of consulted organizations and persons shall be
summarized and truthfully reflected in the environmental impact assessment
report.
2. Written
opinions of consulted agencies and the meeting record shall be copied and
attached as an annex to the environmental impact assessment report.
3. The
Ministry of Natural Resources and Environment shall provide the form of request
for consultation of involved parties.
Article 16. Conditions on environmental impact assessment
report makers
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a/ Having
staff specialized in environment with five (5) years of experience, for
university degree holders, three (3) years, for master degree holders, and one
(1) year, for doctoral degree holders;
b/ Having
staff holding university or higher degrees in majors relevant to the project;
c/ Having
physical-technical foundations and special-use devices for measuring, taking,
processing and analyzing environmental samples, which meet technical
requirements. In case of unavailability of qualified special-use devices,
having a contract to hire a capable institution.
2. A
consultancy service provider that makes an environmental impact assessment
report shall take responsibility before the project owner and law for its
information and statistics given in the environmental impact assessment report.
3. The
Ministry of Natural Resources and Environment shall detail conditions on and
operation organization of consultancy service providers making environmental
impact assessment reports.
Article 17. Contents of environmental impact assessment
reports; dossiers of request for appraisal and approval of environmental impact
assessment reports
1. An
environmental impact assessment report contains the following major contents:
a/ Indication
of the project origin, project owner, agency competent to approve the project;
sources of information and data and use methods; organization and process of
environmental impact assessment reporting; consultation of the community in the
process of environmental impact assessment reporting;
b/ Listing
and detailed description of the project’s activities and work items which
likely have adverse environmental impacts, indicating the size in terms of
space and time, construction volume, operating technology of each work item and
the entire project;
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d/ Assessment
and prediction of the project’s impacts on natural conditions, natural
environmental components, the community and related socio-economic elements;
results of consultation of the community;
e/ Proposal of
measures to mitigate adverse impacts on natural conditions, natural
environmental components, community health and related socio- economic
elements;
f/ Listing of
works and programs for managing and controlling environmental issues in the
course of project implementation;
g/ Estimation
of costs for construction of environmental protection works in the project’s
total cost estimate;
h/ The
project owner’s commitment to taking environmental protection measures in the
course of project construction and operation proposed in the environmental
impact assessment report and to observing other regulations on environmental
protection related to the project.
2. A dossier
of request for appraisal and approval of an environmental impact assessment
report comprises:
a/ A written
request for appraisal and approval of the environmental impact assessment
report;
b/ The
environmental impact assessment report;
c/ The
investment project (feasibility study report).
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Article 18. Appraisal of environmental impact assessment
reports
1.
Environmental impact assessment reports shall be appraised by appraisal
councils or appraisal service providers.
2.
Responsibilities for appraisal of environmental impact assessment reports are
provided as follows:
a/ The
Ministry of Natural Resources and Environment shall appraise environmental
impact assessment reports of the projects provided in Appendix III to this
Decree, except those involving security and defense secrets;
b/
Ministries, ministerial-level agencies and government-attached agencies shall
appraise environmental impact assessment reports of projects under their
respective deciding and approving competence, except the projects provided in
Appendix III to this Decree;
c/ The
Ministry of National Defense or the Ministry of Public Security shall appraise
environmental impact assessment reports of projects under its deciding and
approving competence and security- or defense-related projects as assigned by
competent authorities;
d/
Provincial-level People’s Committees shall appraise environmental impact
assessment reports of investment projects in their localities, except those
provided at Points a, b and c of this Clause.
3. A council
for appraisal of an environmental impact assessment report is composed of
representatives of management agencies directly related to environmental issues
of the project and specialists, including the chairman, a vice chair man, if
necessary; one (1) secretary; two (2) counter-arguing members and other
members. Over 50% of the appraisal council members must be specialized in
environment and other fields related to the project. For the environmental
impact assessment report of a projects to be appraised by a ministry,
ministerial-level agency or government-attached agency, the appraisal council
must be composed of representatives of the provincial-level Natural Resources
and Environment Department of the locality in which the project is to be
implemented.
4. When
necessary, an appraisal agency may carry out the following activities:
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b/ Taking
samples for analysis and verification;
c/ Consulting
the community of the project site;
d/ Hiring
specialists, social organizations or socio-professional organizations to give
counter-arguments to reported contents;
e/ Holding
theme-based assessment meetings.
5. The
Ministry of Natural Resources and Environment shall detail the organization and
operation of environmental impact assessment report appraisal councils and
service providers.
Article 19. Process of appraisal and approval of
environmental impact assessment reports
1. A project
owner shall submit a dossier of request for appraisal of an environmental
impact assessment report to a competent agency provided in Clause 2, Article 18
of this Decree.
2. After
receiving such a dossier, an appraisal agency shall check it. If the dossier is
incomplete or invalid, within five (5) working days, it shall notify in writing
the project owner to complete the dossier.
3. After
receiving a complete and valid dossier, within the time limit provided in
Clause 1, Article 20 of this Decree, the appraisal agency shall set up an
appraisal council or select an appraisal service provider, notify the project
owner to pay the fee for the appraisal and notify in writing appraisal results
to the project owner.
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a/ Making another
environmental impact assessment report and submitting it to the appraisal
agency for appraisal, if its environmental impact assessment report is not
approved. The appraisal time limit and procedures are the same as for the first
report;
b/ Modifying
and supplementing the environmental impact assessment report and submitting it
to the appraisal agency for consideration and submission to a competent
authority for issuance of an approval decision, if the environmental impact
assessment report is approved on condition of modification and supplementation.
The time limit for modification and supplementation of the report is not
counted in the time limit for appraisal and approval of the environmental
impact assessment report;
c/ Sending
the environmental impact assessment report to a competent agency for issuance
of an approval decision under regulations, if the report is approved without
modification and supplementation.
5. Competent
agencies shall approve environmental impact assessment reports within the time
limit provided in Clause 2, Article 20 of this Decree after receiving complete
and valid dossiers.
Article 20. Time limit for appraisal and approval of
environmental impact assessment reports
1. The time
limit for appraising environmental impact assessment reports is provided as
follows:
a/ Forty-five
(45) working days after receiving complete and valid dossiers, for
environmental impact assessment reports to be appraised by the Ministry of
Natural Resources and Environment, and sixty (60) working days, for projects
with complicated environmental impacts;
b/ Thirty
(30) working days after receiving complete and valid dossiers, for
environmental impact assessment reports not to be appraised by the Ministry of
Natural Resources and Environment, and forty-five (45) working days, for
projects with complicated environmental impacts.
2. The time
limit for approving an environmental impact assessment report is fifteen (15)
working days after receiving a complete and valid dossier.
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Article 21. Certification and sending of approved
environmental impact assessment reports
1. After
issuing the decision approving an environmental impact assessment report, the
approval agency shall certify such approval on the back of the cover page or
supplement cover page of the environmental impact assessment report and send
the report to concerned agencies under Clause 2 of this Article.
2. Certified
environmental impact assessment reports and decisions approving these reports
shall be sent according to the following provisions:
a/ The
Ministry of Natural Resources and Environment shall send one (1) copy of the
approval decision together with the environmental impact assessment report to
the project owner and the provincial-level Natural Resources and Environment
Department of the locality in which the project is to be implemented; and the
approval decision to the line ministry;
b/
Ministries, ministerial-level agencies and government-attached agencies shall
send one (1) copy of the approval decision together with the environmental
impact assessment report to the project owner, the Ministry of Natural
Resources and Environment and the provincial-level Natural Resources and
Environment Department of the locality in which the project is to be
implemented. For projects involving security and defense secrets, approval
decisions and environmental impact assessment reports shall be sent under
separate regulations;
c/
Provincial-level People’s Committees shall send (1) copy of the approval
decision together with the environmental impact assessment report to the
project owner and the People’s Committee of the district, town or provincial
city (below referred to as district level) in which the project is to be
implemented; the approval decision to the line ministry and the commune-level
People’s Committee of the locality in which the project is to be implemented;
and one (1) copy of the approval decision together with the environmental
impact assessment report to the Ministry of Natural Resources and Environment
when so requested.
3.
Provincial-level People’s Committees shall copy from the originals of decisions
approving environmental impact assessment reports sent from ministries,
ministerial-level agencies and government-attached agencies and send these
copies to district- and commune-level People’s Committees of the localities in
which projects are to be implemented.
4. The
Ministry of Natural Resources and Environment shall provide the forms of the
approval decision and certification of environmental impact assessment reports.
Article 22. Publicity of information on projects with
approved environmental impact assessment reports
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2. The
environmental control plan, which is formulated based on the environmental
control program proposed in the environmental impact assessment report, covers
the following:
a/
Organization and operation of the project’s environmental protection section;
b/ The
project’s plan on environmental protection education and awareness raising;
c/ The
responsibilities of the project owner and constructors (if any) for taking
solutions and measures to mitigate adverse impacts and prevent and respond to
environmental incidents in the project construction phase;
d/ Plan on
construction and installation of environmental protection works;
e/ Plan on
control of arising waste sources; control of the surrounding environment and
other environmental control issues during the construction and official
operation of the project.
Article 23. Responsibilities of project owners prior to
official project operation
1. To take environmental
protection measures during investment preparation and project construction; to
conduct environmental observation required by the decision approving the
environmental impact assessment report.
2. To design,
build and install environmental protection works; operate the project’s waste
treatment works on a trial basis; to take over environmental protection works
under law; to elaborate, approve and implement a plan to clean the reservoir
before retaining water, for a project with construction of an irrigation or
hydropower reservoir.
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4. To
cooperate with and create favorable conditions for the environmental protection
management agency to inspect the implementation of the environmental control
plan and works and measures for environmental protection and environmental
incident prevention and response; to fully provide project-related information
and statistics upon request.
5. During
project implementation, if occurs an incident adversely affecting environment
quality and community health, to stop all project activities causing such
incident; to respond to and remedy the incident and urgently report it to the
provincial-level environment management agency and concerned agencies of the
locality of the project site for direction and coordinated settlement.
Article 24. Inspection and certification of environmental
protection works and measures prior to official project operation
1. The agency
approving an environmental impact assessment report shall carry out the
following activities for the project of which it has approved the environmental
impact assessment report:
a/ Inspecting
and certifying the application of environmental protection works and measures
for project operation under Articles 25, 26, 27 and 28 of this Decree;
b/ Inspecting
the application of environmental protection measures in the investment
preparation and project construction phases when necessary.
2. The agency
approving an environmental impact assessment report may assign its professional
environmental protection agency to carry out the activities provided at Points
a and b, Clause 1 of this Article (below referred to as the inspection and
certification agency).
3. For a
project with multiple investment phases whose owner wishes to officially
operate some work items before the project construction is completed, the
inspection and certification agency may inspect and certify the application of
environmental protection works and measures for the operation of those work
items at the request of the project owner.
4. The
Ministry of Natural Resources and Environment shall detail the inspection and
certification of application of environmental protection works and measures for
project operation; and formulate and promulgate specialized technical
guidelines for such inspection and certification.
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1. Written
request for inspection and certification of application of environmental
protection works and measures for project operation.
2. Copy of
the approval decision together with the environmental impact assessment report.
3. Report on
application of environmental protection works and measures for project
operation provided in Article 26 of this Decree, which clearly describes the
size, process and technology of waste treatment; changes from the plan stated
in the approved environmental impact assessment report.
4. Annexes to
the report on application of environmental protection works and measures for
project operation, including a drawing on complete construction and results of
trial operation of waste treatment works; certificates and recognition of
imported or commercialized uniform waste treatment equipment; notices of sample
measuring and analysis; take-over test records and other documents related to
environmental protection works and measures.
Article 26. Environmental protection works and measures for
project operation
1. Wastewater
collection and treatment works, equipment and measures proposed in the
environmental impact assessment report.
2. Works,
equipment and measures for storage, collection, transport and treatment of
hazardous waste and ordinary solid waste proposed in the environmental impact
assessment report.
3. Works,
equipment and measures for collection and treatment of dust and emitted gas
proposed in the environmental impact assessment report.
4. Works,
equipment and measures to mitigate adverse environmental impacts not related to
waste; works, equipment and plans for prevention of and response to
environmental incidents and other environmental protection works, measures and
technical solutions.
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1. An
inspection and certification agency shall examine a dossier of request for
inspection and certification of application of environmental protection works
and measures for project operation sent by the project owner; and make a
written notice within five (5) working days after receiving the dossier if the
dossier is invalid.
2. An
inspection and certification agency shall inspect environmental protection
works and measures for project operation applied by the project owner under
Article 28 of this Decree within twenty (20) working days after receiving a
complete and valid dossier. If the project fails to meet conditions for
certification of application of environmental protection works and measures for
project operation, the inspection and certification agency shall send a notice
to the project owner within five (5) working days after having inspection
results.
3. The
project owner shall redress paper and practical problems as requested by the
inspection and certification agency in its notice; finalize the dossier of
request for inspection and certification of application of environmental
protection works and measures for project operation and send it to the inspection
and certification agency for inspection and certification.
4. When
necessary, the inspection and certification agency may re-inspect environmental
protection works and measures after the project owner redresses problems.
5. The
inspection and certification agency shall issue a certificate of the project
owner’s application of environmental protection works and measures for project
operation or a written refusal clearly stating the reason within five (5)
working days after receiving the dossier of request for inspection and
certification of application of environmental protection works and measures for
project operation re-submitted by the project owner.
Article 28. Process of inspection and certification of
application of environmental protection works and measures for project
operation
1. An
inspection and certification agency shall examine a dossier of request for
inspection and certification of application of environmental protection works
and measures for project operation sent by the project owner and conduct
physical inspection of those works and measures through an inspection team set
up by the inspection and certification agency.
2. Depending
on the type, size and nature of the project and practical conditions,
activities of an inspection team include:
a/ Meeting to
evaluate and discuss about environmental protection works and measures for
project operation applied by the project owner;
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c/ Each team
member studying the dossier and writing comments and evaluations of
environmental protection works and measures for project operation applied by
the project owner;
d/ Making a
general evaluation report on physical inspection of environmental protection
works and measures for project operation applied by the project owner.
3. When
necessary, the inspection and certification agency may carry out the following
activities:
a/ Consulting
or hiring specialists or institutions to evaluate environmental protection
works and measures for project operation applied by the project owner;
b/ Verifying
the project’s environmental analysis results provided by the project owner through
licensed environmental measuring, sampling and consultancy institutions.
4. Results of
dossier and physical inspection of environmental protection works and measures
for project operation applied by the project owner shall be written in an
inspection record with the signatures, full names and titles of the inspection
team head and the authorized representative of the project owner.
5. The
inspection and certification agency shall issue a certificate of application of
environmental protection works and measures for project operation on the basis
of the inspection record and results of the activities provided in Clause 3 of
this Article, if any.
6. The
certificate of application of environmental protection works and measures for
project operation serves as a basis for a project owner to officially operate
the project or a number of completed work items, if the project is invested in
multiple phases. This certificate is a basis for competent state agencies to
license hazardous waste treatment and destruction and wastewater discharge into
water sources.
7. The
Ministry of Natural Resources and Environment shall provide the forms of
documents related to the inspection and certification of project owners’
application of environmental protection works and measures for project
operation.
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ENVIRONMENTAL PROTECTION
COMMITMENT
Article 29. Subjects of environmental protection commitment
making and registration
1. Investment
projects with nature, size and capacity outside the list or below the level set
in the list provided in Appendix II to this Decree.
2.
Production, business and service activities not subject to investment project
formulation but with arising production waste.
Article 30. Contents and registration dossier of a written
environmental protection commitment
1. A written
environmental protection commitment for an investment project covers:
a/ Brief
introduction of the project, including name and address of the project owner;
project name and location; production size, capacity and technology; quantity
and type of materials and fuel used during project implementation. The project
owner shall take responsibility for the accuracy and completeness of declared
information and statistics;
b/ Arising
waste: Maximum volume and concentration of each type of waste, if any;
c/ Commitment
to taking measures to reduce and treat waste and to observing the environmental
protection law.
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a/ Brief
introduction of the production, business or service plan, including name and
address of the establishment owner; place of implementation; production size or
type of business or service; quantity and type of materials and fuel used
during operation. The establishment owner shall take responsibility for the
accuracy and completeness of declared information and statistics;
b/ Arising
waste: Maximum volume and concentration of each type of waste, if any;
c/ Commitment
to taking measures to reduce and treat waste and to observing the environmental
protection law.
3. The
registration dossier of a written environmental protection commitment
comprises:
a/ The
written environmental protection commitment;
b/ The investment
project (feasibility study report) or the production or business plan.
4. The
Ministry of Natural Resources and Environment shall provide the form of the
written environmental protection commitment.
Article 31. Time for written environmental protection
commitment registration
1. For a
prospecting or mining project, the project owner shall register the written
environmental protection commitment before proposing a competent agency to
grant or modify a prospecting or mining license.
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3. For an
investment project with work items subject to construction licensing, the
project owner shall register the written environmental protection commitment
before proposing a competent agency to grant or modify a construction license.
4. For a
project or production, business or service activities other than those provided
in Clauses 1, 2 and 3 of this Article, the project owner or establishment owner
shall register the written environmental protection commitment before carrying
out investment, production or business activities.
Article 32. Written environmental protection commitment
registration
1.
District-level People’s Committees shall conduct the registration of written
environmental protection commitments.
2. In the
following cases, a district-level People’s Committee may authorize a
commune-level People’s Committee to conduct the registration of written environmental
protection commitments:
a/
Production, business or service activities are to be carried out within one (1)
commune and are not subject to investment project formulation (feasibility
study report);
b/ The
investment project is to be implemented within one (1) commune without waste
arising during its implementation.
3. For an
investment project or production, business or service activities to be carried
out in two (2) or more districts, the project owner or establishment owner may
register the written environmental protection commitment at the most convenient
district-level People’s Committee.
4. For an
investment project to be implemented in a sea area for which the administration
responsibility has not yet been assigned to any district-level People’s
Committee, the project owner shall register the written environmental
protection commitment at the district-level People’s Committee of the locality
at which the project’s waste treatment and discharge are registered. If such
project does not have waste to be brought to the inland for recycling, re-use,
treatment or discharge, the project owner is not required to register the
written environmental protection commitment.
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1. A written
environmental protection commitment shall be registered as follows:
a/ The
project owner or establishment owner shall submit the registration dossier of a
written environmental protection commitment to a competent agency provided in
Article 32 of this Decree;
b/ Within
five (5) working days after receiving a dossier, a competent agency provided in
Article 32 of this Decree shall notify in writing the project owner of its
acceptance or refusal of the dossier. In case of refusal, it shall clearly
state the reason.
2. The
Ministry of Natural Resources and Environment shall provide the form of notice
of acceptance or refusal of a registration dossier of a written environmental
protection commitment.
Article 34. Sending of registered written environmental protection
commitments
1. For a
written environmental protection commitment registered at a district-level
People’s Committee: Within two (2) working days, the district-level People’s
Committee shall send one (1) copy of the registered written environmental
protection commitment to the project owner, district-level environmental
protection management agency and commune-level People’s Committee of the
locality in which the investment project or production, business or service
activities is/are to be carried out, and to concerned district-level People’s
Committees, if such project or activities is/are to be carried out in two (2)
or more districts.
2. For a
written environmental protection commitment registered at a commune-level
People’s Committee: Within two (2) working days, the commune-level People’s
Committee shall send one (1) copy of the registered written environmental
protection commitment to the project owner and the district-level environmental
protection management agency.
Article 35. Responsibilities of project owners after written
environmental protection commitment registration
1. To take
measures to mitigate adverse environmental impacts stated in the registered
written environmental protection commitment.
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3. To
cooperate with and create favorable conditions and provide relevant necessary
information for the environmental protection state management agency to conduct
supervision, examination and inspection during investment project
implementation or production and business operations.
4. To make
another written environmental protection commitment for the investment project or
production, business or service activities in the following cases:
a/ Change of
location of the project or production, business or service activities;
b/ Failure to
carry out the project or production, business or service activities within
twenty-four (24) months after registering the written environmental protection
commitment;
c/ Change of
size, capacity or technology, resulting in increased adverse environmental
impacts or scope of impacts.
5. When an
investment project or production, business or service activities change
its/their nature or size to an extent that requires environmental impact
assessment reporting as provided in Appendix II to this Decree, the project
owner or establishment owner shall make an environmental impact assessment
report and submit it to a competent authority provided in Article 18 of this
Decree for appraisal and approval under regulations.
Article 36. Responsibilities of state agencies in charge of
written environmental protection commitment registration
1. To inspect
the application of environmental protection measures stated in registered
written environmental protection commitments and the observance of current laws
on environmental protection during investment project implementation or
production, business or service operations.
2. To receive
and process proposals and recommendations of project owners, establishment
owners or concerned organizations and individuals related to the application of
environmental protection issues and measures during investment project implementation
or production, business or service operations.
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Chapter V
IMPLEMENTATION
PROVISIONS
Article 37. Financial regimes applicable to strategic
environmental assessment, environmental impact assessment and environmental
protection commitment
1. The
financial regime applicable to strategic environmental assessment is as
follows:
a/ Funds for
making strategic environmental assessment reports shall be included in the
funds for formulation of strategies, master plans and plans allocated from the
state budget for economic non-business activities and other sources, if any;
b/ Funds for
appraisal of strategic environmental assessment reports shall be allocated from
the environmental non-business funds.
2. The
financial regime applicable to environmental impact assessment is as follows:
a/ Funds for
making environmental impact assessment reports shall be allocated from project
owners’ investment funds;
b/ Funds for
appraisal of environmental impact assessment reports shall be allocated from
collected fees for appraisal of environmental impact assessment reports;
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3. The
financial regime applicable to environmental protection commitment is as
follows:
a/ Funds for
making written environmental protection commitments shall be allocated from
project owners’ investment funds;
b/ Funds for
inspection of application of environmental protection measures stated in
written environmental protection commitments shall be allocated from the
environmental non-business funds.
4.
Responsibilities for guidance:
a/ The
Ministry of Finance shall assume the prime responsibility for, and coordinate
with the Ministry of Natural Resources and Environment in, guiding Points a and
b, Clause 1, Points b and c, Clause 2, and Point b, Clause 3, of this Article;
b/ The
Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with the Ministry of Planning and Investment
in, guiding Point a, Clause 2, and Point a, Clause 3, of this Article for state
budget-funded investment projects.
Article 38. Reporting regime
1.
District-level People’s Committees shall biannually submit to provincial-level
People’s Committees reports on registration and inspection of realization of
written environmental protection commitments; registration of simple
environmental protection plans in localities under their management. The
deadline for report submission is provided as follows:
a/ Before July
10 of the year of implementation, for the first report;
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2. Before
January 15 every year, provincial-level People’s Committees shall submit to the
Ministry of Natural Resources and Environment reports on appraisal of strategic
environmental assessment reports; appraisal and approval of environmental
impact assessment reports; registration of written environmental protection
commitments; inspection and certification of environmental protection works and
measures; appraisal, approval, inspection and certification of implementation
of detailed environmental protection plans; and registration and inspection of
the implementation of simple environmental protection plans of the previous
year in localities under their management.
3. Before
January 15 every year, ministries (except the Ministry of National Defense and
the Ministry of Public Security), ministerial-level agencies and
government-attached agencies shall submit to the Ministry of Natural Resources
and Environment reports on appraisal of strategic environmental assessment
reports; appraisal and approval of environmental impact assessment reports; and
inspection and certification of environmental protection works and measures of
the previous year in the sectors under their management.
4. The
Ministry of Natural Resources and Environment shall detail the contents and
forms of the reports provided in Clauses 1, 2 and 3 of this Article.
Article 39. Transitional provisions
1. Dossiers
of request for appraisal of strategic environmental assessment reports;
appraisal and approval of environmental impact assessment reports; appraisal
and approval of supplemented environmental impact assessment reports; inspection
and certification of the implementation of reported contents and requirements
stated in decisions approving environmental impact assessment reports;
registration and certification of written environmental protection commitments;
and certification of supplemented written environmental protection commitments
received by competent agencies before the effective date of this Decree shall
be considered and handled under the Government’s Decree No. 80/2006/ND- CP of
August 9, 2006, detailing and guiding a number of articles of the Environmental
Protection Law, and the Government’s Decree No. 21/2008/ND-CP of February 28,
2008, amending and supplementing a number of articles of Decree No.
80/2006/ND-CP of August 9, 2006, detailing and guiding a number of articles of
the Environmental Protection Law.
2.
Consolidated production, business or service zones or production, business or
service establishments whose environmental protection plans have been approved
shall report to the agencies approving those plans for consideration and
certification of the implementation of environmental protection issues stated
in the environmental protection plans under the applicable law at the time such
plans were approved.
3. By the
effective date of this Decree, consolidated production, business or service
zones or production, business or service establishments that fail to obtain
decisions approving environmental impact assessment reports, decisions
approving supplemented environmental impact assessment reports, registration
certificate of environmental standard conformity, written environmental
protection commitments, or decisions approving or written certification of
environmental protection plans shall, in addition to being handled for their
violations under law, take either of the following remedies within two (2)
years after the effective date of this Decree:
a/ Making a
detailed environmental protection plan, for establishments with size and nature
similar to the subjects of environmental impact assessment reporting under this
Decree, and submit it to a competent agency provided in Clause 2, Article 18 of
this Decree for appraisal and approval;
b/ Making a
simple environmental protection plan, for establishments with size and nature
similar to the subjects of written environmental protection commitment
registration under this Decree, and submit it to a competent agency provided in
Article 32 of this Decree for registration.
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5. Detailed
and simple environmental protection plans serve as a basis for implementation
by consolidated production, business or service zones or production, business
or service establishments and for examination, inspection and violation
handling by concerned state management agencies.
6. The
Ministry of Natural Resources and Environment shall detail the formulation,
appraisal, approval, inspection and certification of the implementation of
detailed environmental protection plans; and the formulation and registration
of simple environmental protection plans.
Article 40. Effect
This Decree
takes effect on June 5, 2011, and replaces Articles 6 thru 17 of the Government’s
Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding a number of
articles of the Environmental Protection Law; and Clauses 3 thru 10, Article 1
of the Government’s Decree No.21/2008/ND-CP of February 28, 2008, amending and
supplementing a number of articles of Decree No. 80/2006/ND-CP of August 9,
2006, detailing and guiding a number of articles of the Environmental
Protection Law.
Article 41. Implementation responsibilities
1. The
Ministry of Natural Resources and Environment shall guide and organize the
implementation of this Decree.
2. Ministers,
heads of ministerial-level agencies, heads of government- attached agencies and
chairpersons of provincial-level People’s Committees shall implement this
Decree.
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APPENDIX I
LIST OF STRATEGIC PROJECTS AND MASTER PLANS SUBJECT
TO DETAILED STRATEGIC ENVIRONMENTAL ASSESSMENT
(To the Government's Decree No. 29/2011/ND-CP of April 18, 2011)
A
Strategic
environmental assessment reports incorporated in strategies, master plans and
plans
I
Socio-economic
development strategies and master plans
1
National
socio-economic development strategies
...
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Development
strategies and master plans of national-level sectors and domains
1
Development
strategies on industry, agriculture and rural development, transport,
construction, tourism and health (including also sub-sectors of these sectors
and domains)
2
Development
master plans on industry, agriculture and rural development, transport,
construction, tourism and health other than those provided in Part B of
Appendix II
III
Master
plans on inter-provincial river basins
B
Separate
strategic environmental assessment reports
...
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Socio-economic
development strategies and master plans
1
Socio-economic
development master plans of socio-economic regions, key economic regions,
economic regions, economic corridors and economic belts
2
Socio-economic
development master plans of provinces and centrally run cities
II
Development
master plans of national-level sectors and domains
1
Development
master plans on electricity, hydropower, thermopower, atomic energy and nuclear
power; oil and gas exploitation, petrochemistry; paper; basic chemicals,
fertilizer, plant protection drugs; rubber; textiles and garments; cement;
steel; mining and processing of coal, iron ores, tin, aluminum, wolfram,
antimony, titanium, gold, rare earth and other radioactive minerals
...
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Development
master plans on agriculture, forestry, fisheries and irrigation
3
Development
master plans on road, railway, seaway, waterway, port and aviation
infrastructure facilities
4
Development
master plans on urban centers, construction materials, solid waste management
and hazardous waste management
5
Development
master plans on tourism and golf courses
6
Development
master plans on hospital networks
...
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Development
master plans on economic zones, industrial parks, export-processing zones and
hi-tech zones
III
Master
plans on land use, forest protection and development and exploitation and use
of other natural resources on inter- provincial or -regional scale
1
National
and regional master plans on land use
2
Master
plans on forest protection and development in 2 or more provinces
3
Master
plans on exploitation and use of surface water, ground water and minerals in
2 or more provinces
...
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Other strategies,
master plans and plans as directed by the National Assembly, the Government
and the Prime Minister
APPENDIX II
LIST OF PROJECTS SUBJECT TO ENVIRONMENTAL IMPACT
ASSESSMENT REPORTING
(To the Government's Decree No. 29/2011/ND-CP of April 18, 2011)
No.
Projects
Size
1
Projects in
which investment is decided by the National Assembly or the Prime Minister
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2
Projects
using land of nature reserves; national parks; historical-cultural relics; world
heritages; biosphere reserves; and ranked landscapes and scenic places
All
Construction
projects
3
Projects to
build technical infrastructure of urban centers and residential areas
With an
area of 5 ha or larger
4
Projects to
build or upgrade water drainage systems of urban and residential areas;
...
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With
a length of 5 km or longer
With a
dredging area of 1 ha or larger
5
Projects to
build technical infrastructure of industrial parks, hi- tech zones,
industrial complexes, export-processing zones, trade zones, traditional craft
villages and other consolidated production and business zones
All
6
Projects to
build supermarkets and trade centers
With a business
area of 500 m2 or larger
7
...
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All
8
Projects to
build hospitals
All
9
Projects to
build laboratories with hazardous waste arising from testing activities
All
10
Projects to
build dormitories and condominiums
...
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11
Projects to
build tourist service, sports and recreational centers and golf courses
With an
area of 5 ha or larger
12
Projects to
build tourist lodgings
With 50
rooms or more
13
Projects to
build other tourist service centers (comprising infrastructure facilities and
physical foundations)
With a
daily wastewater volume of 500 m3 or more
...
...
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Projects to
build cemeteries (for burial, incineration and other forms)
All
15
Projects to
build works with basements
With a
depth of 10 m or deeper
16
Projects to
build fighting works, military training centers, shooting ranges and defense
ports; military depots; and defense-economic zones
All
Construction
material projects
...
...
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Projects to
build cement plants
Projects to
build clinker plants
All
With an
annual capacity of 500,000 tons of clinker or more
18
Projects to
build clinker grinding and cement production establishments
With an annual
capacity of 100,000 tons of cement or more
19
Projects to
build brick, roofing tile and fibro-cement sheet plants
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
20
Projects to
build establishments producing flooring and walling tiles of all types
With an
annual capacity of 500,000 m2 or more
21
Projects to
build establishments producing other construction supplies and materials
With an annual
capacity of 50,000 tons of products or more
Transport
projects
22
Projects to
build underground transport works (metros and tunnels);
...
...
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All
With a
length of 500 m or longer
23
Projects to
build automobile highways and automobile roads from grade I to III; overhead
railways; and airports
All
24
Projects to
renovate and upgrade automobile highways, automobile roads from grade I to
III, and railways
All
25
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With a
length of 100 km or longer
26
Projects to
build road and rail bridges
With a
length of 200 m or longer (excluding feeder roads)
27
Projects to
build river and sea ports
For receiving
ships of 1,000 DWT or larger
28
Projects to
build fishing ports and wharves
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
29
Projects to
build car terminals
With an
area of 5 ha or larger
30
Projects to
produce hot asphalt concrete
With a
daily capacity of 100 tons of products or more
Power
and radioactivity projects
31
Projects to
build nuclear reactors; nuclear power plants and thermopower plants
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
32
Projects to
build production, business and service establishments using radioactive
substances or with arising radioactive waste
All
33
Projects to
build wind power and photo-electric power plants
Using 100
ha of land or water surface or more
34
Projects to
build hydro-power plants
With
reservoir capacity of 100,000 m3 of water or more or with a capacity of 1 MW
or more
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Projects to
build electricity transmission lines and power stations
Of 110 kV
or higher
36
Projects to
manufacture electric wires and cables
With an
annual capacity of 10,000 tons of products or more
Electronics
and telecommunications projects
37
Projects to
build radio transceiver stations and telecommunications transceiver stations
With a capacity
of 2 kW or more
...
...
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Projects to
manufacture electric and electronic devices
With an
annual capacity of 10,000 units or more
39
Projects to
manufacture electric and electronic components
With an annual
capacity of 500 tons of electric components and 100,000 electronic components
or more
40
Projects to
build telecommunications routes
With a
length of 100 km or longer
Projects
on irrigation and forest and agricultural land use
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Projects to
build reservoirs
With a
capacity of 100,000 m3 of water or more
42
Projects to
build irrigation and water supply and drainage works for agricultural,
forestry and fishery production
Irrigation and
water supply and drainage for an area of 100 ha or larger
43
Construction
projects encroaching sea areas
With a
coastal beltway of 1,000 m or longer or encroaching a sea area of 5 ha or
larger
44
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With a
length of 1,000 m or longer
45
Projects
which change use purposes of forest areas or areas under two rice crops per
year
With an
area of 5 ha or larger, for watershed protection forests, wave-sheltering protection
forests and special-use forests; 10 ha or larger, for natural forests; 50 ha
or larger, for other forests; and 3 ha or larger, for areas under two rice
crops per year
46
Projects to
grow and exploit forests
With a
forestation area of 1,000 ha or larger; exploitation of a forest area of 200
ha or larger, for planted forests, 50 ha or larger, for natural production
forests, and 10 ha or larger, for natural protection forests
47
Projects to
build industrial crop zones and consolidated zones for vegetable and flower
plantation (including also re-cultivation projects)
...
...
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Mineral
prospecting, exploitation and processing projects
48
Projects to
exploit materials for ground leveling
With an
annual capacity of 100,000 m3 of primary materials or more
49
Projects to
exploit sand or dredge
With an
annual
river beds
to acquire materials for ground leveling and construction
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
50
Projects to
exploit solid minerals (without using hazardous substances, chemicals or
industrial explosive materials)
With an
annual mining volume (including minerals and earth and rock waste) 50,000 m3
of primary materials or more
51
Projects to
explore rare earth and radioactive minerals; projects to exploit and process
solid minerals using hazardous substances, chemicals or industrial explosive
materials; projects to process and refine ferrous metals, radioactive metals
and rare earth
All
52
Projects to
process solid minerals without using hazardous substances or chemicals
With an
annual capacity of 50,000 m3 of products or more
...
...
...
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53
Projects to
exploit water for supply to production, business, service and daily-life
activities
With a
daily capacity of 5,000 m3 of ground water and 50,000 m3 of surface water or
more
54
Projects to
exploit (ground or surface) mineral water and thermal mineral water
With a
daily capacity of 120 m3 of water or more, for bottling; and 500 m3 of water
or more, for other purposes
55
Projects to
sort and enrich rare earth and radioactive minerals
With an
annual capacity of 1,000 tons of products or more
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
56
Oil and gas
exploitation projects
All
57
Projects to
build oil refineries (except those on LPG filling and lubricant preparation);
petrochemistry plants; oil and gas pipelines and oil and gas transit centers
All
58
Projects to
build petroleum depots and shops
With depot or
tank capacity of 200 m3 or more
...
...
...
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59
Projects to
build centralized waste recycling, treatment, burial or destruction
establishments
All
60
Projects to
build centralized wastewater treatment systems
All, for industrial
wastewater;
With a
daily designed capacity of 500 m3 or more, for daily-life wastewater
61
Projects to
preliminarily process scraps (including imported scraps)
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
62
Projects to
build establishments dismantling and cleaning ships
All
Engineering
and metallurgy projects
63
Projects to
build metallurgy plants
All, for
projects using materials being scraps;
...
...
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64
Projects to
build steel rolling mills
All, for
projects using materials being scraps;
With an annual
capacity of 2,000 tons of products or more, for projects using other
materials
65
Projects to
build shipyards and ship repair establishments
Designed
for ships of 1,000 DWT or larger
66
Projects to
build plants manufacturing and repairing containers and trailers
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With an
annual capacity of 2,500 containers and trailers or more, for repair
67
Projects to
build plants building, repairing and assembling locomotives and compartments
With an
annual capacity of 100 vehicles or more
68
Projects to
build motorbike and automobile manufacturing and assembling plants
With an
annual capacity of 10,000 motorbikes and 500 automobiles or more
69
Projects to
build machinery and tool machinery plants
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
70
Projects to
build metal plating, coating and polishing plants
With an annual
capacity of 500 tons of products or more
71
Projects to
build plants of formed aluminum
With an
annual capacity of 2,000 tons of products or more
72
Projects to
build weapon, military supplies and technical equipment manufacturing and repair
plants
All
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
73
Projects to
build timber processing mills
With an
annual capacity of 3,000 m3 of timber or more
74
Projects to
build chip plants
With an annual
capacity of 50,000 tons of products or more
75
Projects to
build plywood plants
With an
annual capacity of 100,000 m2 or more
...
...
...
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Projects to
build plants of domestic, construction or industrial wood products
With an annual
capacity of 10,000 products or more
77
Projects to
build art craft plants
With an
annual capacity of 1 million products or more
78
Projects to
build glass, ceramics or china plants
With an annual
capacity of 1,000 tons of products or more
79
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With an
annual capacity of 10,000 products or more
80
Projects to
build bulb and thermos plants
With an annual
capacity of 1 million products or more
Food
processing projects
81
Projects to
build food processing establishments
With an
annual capacity of 500 tons of products or more
82
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With a daily
capacity of 500 cattle or 5,000 poultry or more
83
Projects to
build aquatic processing establishments
With an
annual capacity of 100 tons of products or more
84
Projects to
build sugar mills
With an annual
capacity of 10,000 tons of sugar or more
85
Projects to
build alcohol and spirit breweries
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
86
Projects to
build beer and beverage breweries
With an annual
capacity of 200,000 litters of products or more
87
Projects to
build food seasoning plants
With an
annual capacity of 5,000 tons of products or more
88
Projects to
build milk production and processing establishments
With an annual
capacity of 10,000 tons of products or more
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Projects to
build edible oil production and processing establishments
With an
annual capacity of 10,000 tons of products or more
90
Projects to
build confectionery makers
With an annual
capacity of 5,000 tons of products or more
91
Projects to
build ice plants
With a
daily capacity of 300 tons of ice or more
92
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With an annual
capacity of 2,000 m3 of water or more
Farm
product processing projects
93
Projects to
build cigarette plants
With an
annual capacity of 600,000 cigarettes or more
94
Projects to
build tobacco processing establishments
With an annual
capacity of 1,000 tons of products or more
95
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With an
annual capacity of 10,000 tons of products or more
96
Projects to
build rice mills
With an annual
capacity of 20,000 tons of products or more
97
Projects to
build starch production and processing establishments
With an
annual capacity of 500 tons of products or more
98
Projects to
build cashew nut processing establishments
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
99
Projects to
build tea or cocoa processing establishments
With an
annual capacity of 1,000 tons of products or more
100
Projects to
build coffee processing establishments
With a monthly
capacity of 500 tons of products or more, for those using the wet method; an
annual capacity of 10,000 tons of products or more, for those using the dry
method; and 1,000 tons of products or more, for processing powder and instant
coffee
Projects
on animal husbandry and animal and aquatic feed processing
101
Projects to
build establishments processing animal and aquatic feed and aquatic
by-products
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
102
Projects to
build fish powder processing mills
With an
annual capacity of 500 tons of products or more
103
Projects to
build intensive or semi- intensive aquaculture establishments
With a
water surface area of 10 ha or larger
104
Projects to
build extensive aquaculture establishments
With a
water surface area of 50 ha or larger
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Projects to
build on-sand aquaculture establishments
With a
rearing area of 10 ha or larger
106
Projects to
build consolidated cattle raising establishments
With a herd
of 500 or more, for buffalos and cows; and 1,000 or more, for other cattle
107
Projects to
build consolidated poultry raising establishments
With a
flock of 20,000 poultry; 200 ostriches; or 100,000 quails, or more
108
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
All
109
Projects to
build reptile breeding establishments
With 1,000
alligators, varans or pythons; and 5,000 snakes or other reptiles, or more
Projects
on fertilizer and plant protection drug production
110
Projects to
build fertilizer plants
With an
annual capacity of 1,000 tons of products or more
111
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With a storage
capacity of 5 tons or more
112
Projects to
build fertilizer warehouses
With a
storage capacity of 100 tons or more
113
Projects to
build plant protection drug factories
All
114
Projects to
build establishments bottling or packing plant protection drugs
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
115
Projects to
build organic or micro-bio fertilizer plants
With an
annual capacity of 1,000 tons of products or more
Chemicals,
pharmaceuticals and cosmetics projects
116
Projects to
build pharmaceutical product or veterinary drug plants
All, for
vaccine production;
With an
annual capacity of 50 tons of products or more, for other pharmaceutical products
and veterinary drugs
117
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
With an
annual capacity of 50 tons of products or more
118
Projects to
build plants of plastics, plastic-based products, paint and basic chemicals
With an annual
capacity of 100 tons of products or more
119
Projects to
build plastic product plants
With an
annual capacity of 1,000 tons of products or more
120
Projects to
build plants of detergent and additives
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
121
Projects to
build plants of discharge substances, explosives and fire devices
All
122
Projects to
build industrial explosive plants and warehouses
All
123
Projects to
build zones making salt from seawater
With an
area of 100 ha or larger
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
124
Projects to
build pulp and paper plants
With an
annual capacity of 300 tons of products or more
125
Projects to
build paper plants
With an
annual capacity of 5,000 tons of products or more, for production of paper
from pulp
All, for
production of paper from waste
126
Projects to
build stationery plants
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
127
Projects to
build carton packaging plants
With an
annual capacity of 5,000 tons of products or more
Textiles,
dyeing and garment projects
128
Projects to
build weaving or dye- weaving establishments
All
129
Projects to
build non-dye weaving establishments
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
130
Projects on
production and sub- production of garments
With an annual
capacity of 50,000 products or more, for those involving the washing and
bleaching process
With an
annual capacity of 2 million products or more, for those not involving the
washing and bleaching process
131
Projects on
industrial washing and laundering
With an
annual capacity of 50,000 products or more
132
Projects on
silk and synthetic fiber making
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Other
projects
133
Projects to
build research and development institutions or production establishments in
hi-tech zones
All
134
Projects on
rubber and latex processing
With an
annual capacity of 4,000 tons of products or more
135
Projects to
build plants of medical products and equipment from medical plastics and
rubber
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
136
Projects to
build footwear plants
With an
annual capacity of 1 million products or more
137
Projects to
build plants of rubber tires and tubes of different types
With an
annual capacity of 50,000 products or more, for autos and tractors; and
100,000 products or more, for bikes and motorbikes
138
Projects to
build plants of printing ink and other printing materials
With an
annual capacity of 500 tons of printing ink and 1,000 other products or more
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Projects to
build battery and cell factories
With an
annual capacity of 50,000 kWh or 100 tons of products or more
140
Projects to
build tanning establishments
All
141
Projects to
build establishments manufacturing CO2 gas and filling and liquefying
industrial gas
With an
annual capacity of 3,000 tons of products or more
142
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
All
143
Projects
involving relocation and resettlement
For 300
households or more
144
Projects on
renovation, expansion, upgrading and capacity increase
With size and
capacity to the level of projects listed from Nos. 1 thru 143
145
Projects
with one item or more among projects listed from Nos. 1 thru 143 in this
Appendix
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146
Projects at
risk of environmental pollution and degradation outside this Appendix shall
be considered and decided by the Minister of Natural Resources and
Environment
APPENDIX III
LIST OF PROJECTS WITH ENVIRONMENTAL IMPACT
ASSESSMENT REPORTS TO BE APPRAISED AND APPROVED BY THE MINISTRY OF NATURAL
RESOURCES AND ENVIRONMENT
(To the Government’s Decree No. 29/2011/ND-CP of April 18, 2011)
1. Projects
in which investment is decided by the National Assembly or the Prime Minister.
2. Projects using
land of national parks, nature reserves, world heritages, historical and
cultural relics, ranked national landscapes and scenic places and areas of
biosphere reserves (except projects using land of transitional areas of
biosphere reserves of under 20 ha).
3. Projects
to build atomic power plants, thermonuclear power plants, nuclear reactors;
thermopower plants with a capacity of 300 MW or more and located less than 2 km
from an urban center or concentrated residential area; other thermopower plants
with a capacity of 600 MW or more; hydro-power plants and irrigation works with
a reservoir capacity of 100 million m3 or more.
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5. Projects
to build oil refineries and petrochemistry plants; projects to build plants of
basic chemicals, plant protection drugs, detergents, additives and chemical
fertilizer with an annual capacity of 10,000 tons of products or more; projects
to build battery plants with an annual capacity of 300,000 kWh or 600 tons of
products or more; cement plant projects with an annual capacity of 1.2 million
tons or more; projects on plants storing radioactive substances or with
radioactive waste; projects to build pulp mills with an annual capacity of
25,000 tons of products or more; projects to build alcohol or spirit breweries
with an annual capacity of 500,000 liters of products or more; projects to
build beer or beverage plants with an annual capacity of 2 million liters of
products or more; projects to build aquatic product processing plants with an
annual capacity of 5,000 tons of products or more.
6. Oil
exploitation projects; solid mineral exploitation projects with an annual
capacity of 500,000 m3 of primary materials (including tailings and minerals)
or more; projects to exploit rare earth and radioactive minerals; projects to
sort and enrich rare earth and radioactive minerals with an annual capacity of
50,000 tons of products or more; projects to process and refine rare earth,
ferrous metals and radioactive minerals using annually 100,000 tons of refined
ores or more; projects to exploit water for supply to production, business,
service and daily-life activities with a daily capacity of 250,000 m3.
7. Projects
to build infrastructure of industrial parks, export-processing zones, hi-tech
zones, industrial complexes, tourist service and recreational centers and urban
centers with an area of 200 ha or larger; projects to build hospitals with 500
patient beds or more; projects to build ports for ships of 50,000 DWT or
larger; projects to build steel refineries with an annual capacity of 200,000
tons of products.
8. Projects
to build zones for recycling, treating, burying and destroying hazardous waste
collected from production, business and service establishments; projects to
build zones for recycling, treating, burying and destroying ordinary solid
waste with a daily capacity of 250 tons or more; projects to build consolidated
industrial wastewater treatment systems with a daily capacity of 5,000 m3 or
more.
9. Projects
on renovation, expansion, upgrading and capacity increase with nature, size and
capacity up the level of projects listed from Nos. 1 thru 8 of this Appendix.
10. Projects
with one or more items among projects listed from Nos. 1 thru 9 of this
Appendix.
11. Other
projects specified in Appendix II located in 2 or more provinces and centrally
run cities or in a sea area for which the administration responsibility has not
been assigned to any provincial-level People’s Committee, or projects located
in 2 or more countries.-