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THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
05/2008/TT-BTNMT
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Hanoi,
December 8, 2008
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CIRCULAR
GUIDING STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL
IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION COMMITMENT
Pursuant to the November 29,
2005 Law on Environmental Protection;
Pursuant to the Government's Decree No. 80/ 2006/ND-CP of August 9, 2006, detailing
and guiding the implementation of a number of articles of the Law on
Environmental Protection;
Pursuant to the Government s Decree No. 81/2007/ND-CP of May 23, 2007,
providing for specialized environment protection organizations and sections in
charge of environmental protection in state agencies and slate enterprises;
Pursuant to the Government's Decree No. 21/2008/ND-CP of February 28, 2008,
amending and supplementing a number of articles of the Government's Decree No.
80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a
number of articles of the Law on Environmental Protection;
Pursuant to the Government's Decree No. 25/2008/ND-CP of March 4, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment;
The Ministry of Natural Resources and Environment guides the implementation of
a number of provisions on strategic environmental assessment, environmental
impact assessment and environmental protection commitment as follows:
I. GENERAL
PROVISIONS
1. Scope of regulation
1.1. This Circular guides in
detail the implementation of a number of provisions on strategic environmental
assessment, environmental impact assessment and environmental protection
commitment provided for in the November 29, 2005 Law on Environmental
Protection (below referred to as the Law on Environmental Protection), the
Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding
the implementation of a number of articles of the Law on Environmental
Protection (below referred to as Decree No. 80/2006/ND-CP) and Decree No.
21/2008/ND-CP of February 28,2008, amending and supplementing a number of
articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing
and guiding the implementation of a number of articles of the Law on
Environmental Protection (below referred to as Decree No. 21/2008/ND-CP),
covering:
a/ Elaboration and appraisal of
strategic environmental assessment reports;
b/ Elaboration, appraisal and
approval of environmental impact assessment reports and additional
environmental impact assessment reports; implementation, examination and
certification of the implementation of environmental impact assessment reports,
additional environmental impact assessment reports and satisfaction of other
requirements set in approving decisions;
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d/ Examination and reporting on
the appraisal and approval of environmental impact assessment reports and
certification of environmental protection commitment documents.
1.2. This Circular does not
apply to projects which have been put into operation (below referred to as
operating establishments), including those which have operated since before
July 1. 2006, and have not implemented regulations on elaboration, appraisal
and approval of environmental impact assessment reports or regulations on
elaboration, registration and certification of environmental standard
conformity registration documents.
1.3. Strategies, plannings,
plans and projects in the domain of security and defense and those involving
national secrets are guided in other documents.
2. Subjects of application
This Circular applies to state
agencies, domestic organizations and individuals; foreign organizations and
individuals (below collectively referred to as organizations and individuals)
carrying out activities specified at Point 1.1, Section 1, Part I of this
Circular.
3. Application of
environmental standards and regulations
When elaborating environmental
impact assessment reports or environmental protection commitment documents for
their projects, project owners are required to apply Vietnam's compulsory
environmental standards and national technical regulations and compulsory
environmental standards and regulations under treaties to which Vietnam is a
contracting party.
II.
ELABORATION AND APPRAISAL OF STRATEGIC ENVIRONMENTAL ASSESSMENT REPORTS
1. Elaboration of strategic
environmental assessment reports
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1.2. Strategic environmental
assessment reports must have the form and contents as prescribed.
2. Sending of dossiers of
request for appraisal of strategic environmental assessment reports
2.1. Project owners shall send
dossiers of request for appraisal of strategic environmental assessment reports
to appraising agencies specified in Clause 7, Article 17 of the Law on
Environmental Protection.
2.2. A dossier of request for
appraisal comprises:
a/ 01 (one) written request for
appraisal of the strategic environmental assessment report;
b/ 09 (nine) copies of the
project's strategic environmental assessment report, each bound into a volume
bearing the signature, full name and title of the project owner and a stamp on
its supplementary cover sheet;
c/ 09 (nine) copies of the draft
strategic document, each planning or plan, bearing the signature, full name and
title of the project owner and a stamp on its supplementary cover sheet.
If the appraisal council has more
than nine (09) members or in other necessary cases as required by the
appraisal, the project owner shall provide more copies of the strategic
environmental assessment report and the draft strategic document, planning or
plan as requested by the appraising agency.
3. Appraisal of strategic
environmental assessment reports
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3.2. The organization and
operation of a council for appraisal of the strategic environmental assessment
report; and tasks of its standing body comply with the Regulation issued by the
Minister of Natural Resources and Environment.
3.3. After receiving a complete and
valid dossier which is qualified for appraisal, the appraising agency shall set
up a council to appraise the strategic environmental assessment report; the
number of members of the appraisal council shall be decided in pursuance to
Clauses 2, 3 and 4, Article 17 of the Law on Environmental Protection, the
project's characteristics and scope and environmental requirements, but must be
at least 09 (nine).
3.4. The time limit for
appraisal is specified in Clauses 1 and 2, Article 12 of Decree No. 80/ 2008/ND-CP.
4. Responsibilities of
agencies organizing the appraisal of strategic environmental assessment
reports:
4.1. To notify in writing the
project owner of the appraisal results within 5 (five) working days after the
end of the working session of the appraisal council. The notice must clearly
state that the strategic environmental report is approved without requiring any
adjustments or supplements or is disapproved and must be re-submitted for
approval or is approved if it is adjusted or supplemented, together with
adjustment or supplementation requirements for the report and recommendations
concerning the adjustment of the contents of the draft strategic document,
planning or plan (if any).
4.2. To examine the strategic
environmental report after it is adjusted or supplemented by the project owner.
4.3. To report to the agency
competent to approve the project on the results of appraisal of the strategic
environmental assessment report as prescribed in Clauses 3 and 4, Article 10 of
Decree No. 80/2006/ND-CP, within 10 (ten) working days after the receipt of a
complete and valid dossier as prescribed at Point 5.2, Section 5, Part II of
this Circular. The report on the results of appraisal of a strategic
environmental assessment report shall be made in writing, containing also
comments and recommendations of the appraising agency, enclosed with copies of
the minutes of the appraisal councils' working sessions, expressing the
sessions' contents and conclusions and the signatures of the appraisal
council's chairman and secretary, and a copy of the project owner's written
explanations about the adjustments or supplements, already made, for cases in
which the strategic environmental assessment report must be adjusted or
supplemented at the request of the appraising agency.
5. Responsibilities of the
project owner
5.1. To finalize the strategic
environmental assessment report at the request of the appraising agency in case
the strategic environmental assessment report will not be approved by the
appraisal council unless it is adjusted or supplemented (where the strategic
environmental assessment report is disapproved by the appraisal council, the
project owner shall adjust and send once again the report to the agency
competent to appraise the report according to regulations); to adjust the draft
strategic document, planning or plan on the basis of recommendations of the
appraising agency in conformity with environmental protection requirements set
in the adjusted or supplemented strategic environmental assessment report.
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5.3. The time for the project
owner to finalize and send once again the strategic environmental assessment
report at the request of the appraising agency is not counted into the time
limit prescribed in Clauses 1 or 2, Article 12 of Decree No. 80/ 2006/ND-CP.
III.
ELABORATION, APPRAISALAND APPROVAL OF ENVIRONMENTAL IMPA CT ASSESSMENT REPORTS;
IMPLEMENTATION, EXAMINATION AND CERTIFICATION OF THE IMPLEMENTATION OF
ENVIRONMENTAL IMPACT ASSESSMENT REPORTS, ADDITIONAL ENVIRONMENTAL IMPACT
ASSESSMENT REPORTS AND SATISFACTION OF REQUIREMENTS SET IN APPROVING DECISIONS
1. Elaboration of
environmental impact assessment reports
1.1. Organizations and
individuals that are owners of investment projects subject to elaboration of an
environmental impact assessment report (below referred to as project owners)
shall carry out by themselves environmental impact assessment and elaborate
environmental impact assessment reports or hire qualified consultancy service
organizations as specified in Article 8 of Decree No. 80/2006/ND-CP to do this
job.
1.2. Environmental impact
assessment reports must have the form and content as prescribed.
2. Community consultation
2.1. The project owner shall
send to the People's Committee and the Fatherland Front Committee of the
commune where the project will be implemented a document notifying the
project's principal investment items, environmental issues and environmental
protection measures and requesting them to give their written opinions on these
matters. Such a document states the project's basic contents, its adverse
impacts on the natural environment and socio-economic situation (specifying the
categories of wastes, their concentrations and volume), measures to minimize
these adverse impacts and other environmental protection commitments of the
project owner (clearly stating waste treatment technologies, equipment and
facilities and treatment levels according to specific parameters of wastes
against prescribed standards and norms, and other environmental protection
measures), enclosed with diagrams (maps and drawings) showing the location of
the project in the relationship with surrounding natural and socio-economic
objects, the diagram (drawing) of the project's general ground plan showing its
principal items, waste treatment and management facilities and environmental
protection facilities for factors other than wastes (displaying infrastructure
connection points, including those between the project's waste treatment and
management facilities with infrastructure systems and natural objects outside
the project's fence).
2.2. Within the time limit
prescribed at Clause 4, Article 1 of Decree No. 21/200S/ND-CP, the
commune-level People's Committee and Fatherland Front Committee shall:
- Publicize the project among
local people and send written responses to the project owner.
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2.3. The pros and cons of the
project proposed by the commune-level People's Committee and Fatherland Front
Committee and attendants to the dialogue meeting shall be summed up and truthfully
expressed in the environmental impact assessment report.
2.4. The project owner's
documents on community consultations, written opinions of the commune-level
People's Committee and Fatherland Front Committee, the dialogue meeting's
minutes and other documents on community consultations (if any) shall be
duplicated and attached to the project's environmental impact assessment
report.
2.5. Cases in which consultation
with commune-level People's Committees and representatives of communities where
the project will be implementation in the process of elaborating environmental
impact assessment reports is not required are specified in Clause 4, Article 1
of Decree No. 21/2008/ND-CP.
3. Sending of dossiers of
request for appraisal of environmental impact assessment reports
3.1. Project owners shall send
dossiers of request for appraisal of environmental impact assessment reports to
agencies competent to organize the appraisal of environmental impact assessment
reports specified at Points a and b, Clause 7, Article 21 of the Law on
Environmental Protection and Clause 5, Article 1 of Decree No. 21/2008/ND-CP.
3.2. A dossier of request for
appraisal of an environmental impact assessment report comprises:
a/ 01 (one) written request for
appraisal and approval of the project's environmental impact assessment report;
b/ 07 (seven) copies of the
project's environmental impact assessment report, each bound into a volume and
bearing the signature and the full name and title of the project owner and a
stamp on its supplementary cover sheet. If the appraisal council has more than
seven (07) members or in other necessary cases as required by appraisal job,
the project owner shall provide more copies of the environmental impact
assessment report and the draft strategic document, planning or plan as
requested by the appraising agency;
c/ 01 (one) draft investment
report, socio-economic report, investment project or equivalent documents of
the project, each bearing the signature, full name and title of the project
owner and a stamp on its supplementary cover sheet.
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4. Appraisal of environmental
impact assessment reports by an appraisal council
4.1. The agency competent to
appraise environmental impact assessment reports shall designate a subordinate
specialized unit to act as the standing body of the appraisal council.
4.2. The organization and
operation of a council for appraisal of the environmental impact assessment
report and tasks of its standing body comply with the Regulation issued by the
Ministry of Natural Resources and Environment.
4.3. After receiving a valid
dossier which is qualified for appraisal, the appraising agency shall decide to
set up a council to appraise the environmental impact assessment report. The
number of members of an appraisal council shall be decided in pursuance to
Clauses 2. 3 and 4, Article 21 of the Law on Environmental Protection, the
project's characteristics and scope and environmental requirements, but must be
at least 07 (seven).
4.4. Within 05 (five) working
days after receiving the appraisal results from the appraisal council, the
council's standing body shall notify in writing the project owner of the
appraisal results and requirements to finalize the dossier of the environmental
impact assessment report.
5. Appraisal of
environmental impact assessment reports by an appraisal service organization
Environmental impact assessment reports shall be appraised by an appraisal
service organization in accordance with the Regulation on conditions for the
provision of environmental impact assessment report appraisal services, issued
together with the Natural Resources and Environment Minister's Decision No.
19/2007/QD-BTNMT of November 26, 2007 (below referred to as Regulation 19).
6. Finalization of
environmental impact assessment reports
6.1. Cases in which the
environmental impact assessment report is appraised by an appraisal council
The project owner shall finalize
the environmental impact assessment report at the request of the appraising
agency, sign on the left bottom corner of each page and then duplicate and send
copies of the report bound into hardback volumes, enclosed with written
explanations on the finalization, to the appraising agency for consideration
and approval as follows:
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b/ Sending the environmental
impact assessment report, which is subject to approval by another ministry, a
ministerial-level agency or government-attached agency, to the project-managing
ministry or branch (03 hard copies and 01 soft copies recorded in a CD); the
Natural Resources and Environment Service of the province where these is land
to be used for the project (01 copy): the Ministry of Natural Resources and
Environment (01 copy); the management board, for investment projects in
industrial parks, export-processing zones and hi-tech parks (01 copy); or the
project owner (01 copy).
c/ Sending the environmental
impact assessment report, which is subject to approval by the provincial-level
People's Committee, to the People's Committee of the province where the project
will be implemented (01 hard copy and 01 soft copy recorded in a CD); the
provincial-level Natural Resources and Environment Service (01 copy); the
management board, for investment projects in industrial parks, export-processing
zones and hi-tech parks (01 copy); and the project owner (01 copy).
6.2. Cases of appraisal by a
service organization:
a/ The finalization of
environmental impact assessment reports appraised by an appraisal service
organization must comply with Articles 14, 15 and 16 of Regulation 19;
b/ The finalized environmental
impact assessment reports must satisfy the requirements on number of copies and
contents specified at Point 6.1, Section 6, Part III of this Circular.
6.3. If the finalization of the
environmental impact assessment report takes more than 24 (twenty four) months
counting from the time the appraisal council's standing body issues a notice of
the appraisal results and requirements on the finalization of the environmental
impact assessment report, or involves basic changes in the project's production
technology, capacity or location, the project owner shall re-compile the
dossier of request for appraisal of the project's environmental impact
assessment report.
6.4. The time for the project
owner to finalize the environmental impact assessment report is not counted
into the appraisal time limit specified in Article 12 of Decree No.
80/2006/ND-CP.
7. Re-appraisal of
environmental impact assessment reports
7.1. In case the environmental impact
assessment report is not accepted by the appraisal council or appraisal service
organization or the project sees changes specified at Point 6.3, Section 6,
Part III of this Circular, a re-appraisal will be carried out upon a written
request of the project
owner.
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7.3. Expenses for re-appraisal
of the environmental impact assessment report shall be paid by the project owner
according to current regulations.
8. Approval of environmental
impact assessment reports
8.1. Approval of an
environmental impact assessment report shall be expressed in a decision.
8.2. When seeing that there is
the possibility of adverse environmental impacts which, however, have not yet
been fully examined in the environmental impact assessment report due to such
objective causes as the lack of data on the loading capacity of the surrounding
environment, unreliability of the risk assessment and other force majeure
circumstances by the time of approval of the environmental impact assessment
report, the agency competent to approve the report shall make a note thereof in
the requirement section of the approval decision.
9. Certification and sending
of dossiers of approved environmental impact assessment reports
After the environmental impact
assessment report is approved, the agency competent to approve the report (or
the agency authorized by the agency competent to approve the report) shall:
- Give certification on the
reverse side of the supplementary cover sheet of each copy of the environmental
impact assessment report;
- Send the certified
environmental impact assessment report, together with the approved decision, to
the project owner and other relevant agencies specified at Point 6.1, Section
6, Part III of this Circular; and
- Send the decision approving
the environmental impact assessment report under Clauses 1 and 2, Article 15 of
Decree No. 80/ 2006/ND-CP.
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10.1. The project owner falling
into cases specified at Point a. Clause 1,Article 13ofDecree No. 80/2006/ND-CP
and Clause 6, Article 1 of Decree No. 21/2008/ND-CP, shall elaborate and submit
an additional environmental impact assessment report to the agency which has
approved the project's environmental impact assessment report for appraisal and
approval before the project is implemented.
10.2. Additional environmental
impact assessment reports must have the form and contents as prescribed.
10.3. A dossier of request for
appraisal and approval of an additional environmental impact assessment report
comprises:
a/ 01 (one) written request for
appraisal and approval of the additional environmental impact assessment
report;
b/ 07 (seven) copies of the
additional environmental impact assessment report, each bound into a volume
bearing the signature, full name and title of the project owner and a stamp on
its supplementary cover sheet. In case of necessity as required by appraisal
job, the project owner shall provide more copies of the additional
environmental impact assessment report as requested by the appraising agency;
c/ 01 (one) copy of the approved
environmental impact assessment report;
d/ 01 (one) lawfully
authenticated copy of the decision approving the environmental impact
assessment report;
dd/ 01 (one) adjusted investment
report techno-economic report, investment project or equivalent documents,
bearing the signature, full name and title of the project owner and a stamp on
its supplementary cover sheet.
10.4. The additional
environmental impact assessment report shall be appraised by seeking written
comments from scientists and managers who possess relevant professional
qualifications and the state management agency in charge of environmental
protection in the locality where the project will be implemented. Comments and
evaluations shall be made according to a set form. In case of necessity, the
additional environmental impact assessment report may be appraised by an
appraisal council or appraisal service organization.
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10.6. If the dossier is
qualified for appraisal, the agency competent to appraise the report shall
consider and approve the additional environmental impact assessment report
within 30 (thirty) working days; if the dossier fails to satisfy conditions for
approval, it shall notify in writing the project owner of its comments and
evaluation on the additional environmental impact assessment report for
finalizing the dossier.
10.7. A dossier of request for
approval of the additional environmental impact assessment report comprises
written explanations about the finalization of the report, enclosed with the
finalized environmental impact assessment report signed by the project owner on
the left bottom comer of each page, bound into a hardback volume and duplicated
in a number of copies equal to those of the approved environmental impact
assessment report of the project.
10.8. The decision approving the
additional environmental impact assessment report shall be made according to a
set form with a sufficient number of originals for sending to all the
recipients of the decision approving the environmental impact assessment
report.
Certification of the approved
additional environmental impact assessment report shall be given on the reverse
side of its supplementary cover sheet.
10.10. The certified additional
environmental impact assessment report and the approval decision shall be sent
to recipients like those of the approved environmental impact assessment report
and its approval decision.
11. Responsibilities of the
project owner after the environmental impact assessment report is approved
11.1. To report to the People's
Committee of the district where the project will be implemented on the contents
of the decision approving the project's environmental impact assessment report,
within 15 (fifteen) days after the date of receipt of the decision.
11.2. To make a summary of the
approved environmental impact assessment report and post it up at the office of
the commune-level People's Committee where community consultations have been
carried out, within 05 (five) days after the receipt of the decision approving
the environmental impact assessment report and the decision approving the
additional environmental impact assessment report, if any, till the project is
put into operation.
11.3. To prepare and send to the
agency which has approved the environmental impact assessment report and the
Natural Resources and Environment Service of the province or city where the
project will be implemented, the following reports and documents:
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b/ A report on trial operation
of environmental protection and treatment facilities;
c/ A report on implementation of
the project's environmental impact reports and compliance with requirements set
out in its approval decision before the project is put into operation, enclosed
with a written request for certification.
11.4. If the project has an
approved additional environmental impact assessment report, the project owner
shall report the contents of the additional report to the People's Committee of
the district where the project will be implemented, within the time limit specified
at Point 11.1. Section 11, Part III of this Circular and update and supplement
to the reports specified at Point 11.3, Section 11, Part HJ of this Circular,
contents related to the approved additional environmental impact assessment
report and requirements set in its approval decision.
11.5. To implement other
requirements specified in Article 14 of Decree No. 80/2006/ ND-CP.
12. Responsibilities of the
agency approving the environmental impact assessment report after the report is
approved
12.1. Before the project is put
into operation, to supervise and examine the implementation of the approved
environmental impact assessment report and the additional environmental impact
assessment report (if any) and the satisfaction of requirements set in the
decision approving the project's environmental impact assessment report on the
basis of considering the project owner's reports and dossier of request for
certification.
When necessary, to set up an
examination team to collaborate with relevant agencies in conducting
examination at the project's site. The examination results shall be recorded in
a minutes bearing the signatures and full names of representatives of the
examining agency, the project owner and relevant agencies.
12.2. To grant a certificate of
the project owner's implementation of the environmental impact assessment
report and satisfaction of requirements set in the report-approving decision
and decision approving the additional environmental impact assessment report
(if any) before the project is put into operation, within the following time
limit after the receipt the project owner's written request enclosed with a
valid and complete dossier as specified at Point 11.3. Section 11, Part III of
this Circular:
a/ 15 (fifteen) working days, in
case it is unnecessary to carry out examination, measurement and sample taking
at the project's site;
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If the project is unqualified
for certification, to notify in writing the reason to the project owner. The
time for the project owner to satisfy the requirements of the agency approving
the environmental impact assessment report is not counted into the above
25-working day time limit.
12.3. In the process of
examining and certifying the implementation of the environmental impact
assessment report and satisfaction of the requirements set in the approval
decision, if environmental observation and analysis data reported by the
project owner are unreliable, the certifying agency shall coordinate with a
professionally qualified organization in conducting measurement, taking samples
and making analysis for comparison; expenses for the examination, sample taking
and analysis of environmental parameters for comparison shall be paid by the
certifying agency according to current regulations.
12.4. To implement other
regulations specified in Article 15 of Decree No. 80/2006/ND-CP.
13. Technical survey of
environmental protection and treatment facilities
13.1. Technical survey of
environmental protection and treatment facilities complies with legal
provisions on investment and construction.
13.2. Organizations which have
designed, built or installed the project's environmental protection and
treatment facilities may not technically survey these facilities.
14. Authorization of the
appraisal and approval of environmental impact assessment reports of investment
projects in industrial parks, export-processing zones and hi-tech parks
14.1. The state agency competent
to appraise and approve the environmental impact assessment report may
authorize in writing the management board to organize the appraisal and
approval of the environmental impact assessment report of an investment project
in the industrial park, export-processing zone or hi-tech park in pursuance to
the conditions specified in Clause 8, Article 1 of Decree No. 21/2008/ND-CP,
provided that the management board has a specified environmental protection
organization or section environmental protection which is an environmental
management bureau set up under Clause 1, Article 9 of the Government's Decree
No. 81/2007/ND-CP of May 23, 2007, providing for specified environmental
protection organizations and sections state agencies and state enterprises and
has filed a written request therefor.
14.2. The authorized management
board shall act as a competent state agency organizing the appraisal of the
environmental impact assessment report by an appraisal council or appraisal
service organization; re-appraisal of the environmental impact assessment
report; approval of the environmental impact assessment report; certification
and sending of the dossier of the approved environmental impart assessment report;
appraisal and approval of the additional environmental impact assessment report
of the project for which the environmental impact assessment report has been
approved under authorization; has the responsibilities of art agency approving
the environmental impact assessment report after the report is approved in
strict accordance with the provisions of Part III, this Circular; send the
report to the authorizing agency and implement the examination and reporting
regulations in Part V of this Circular.
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1. Elaboration of
environmental protection commitment documents
1.1. Owners of projects
specified in Article 24 of the Law on Environmental Protection shall elaborate
environmental protection commitment documents.
1.2. The form and contents of
environmental protection commitment documents are prescribed in Appendix 23 to
this Circular.
2. Registration of
environmental protection commitment documents
2.1. The project owner shall
send a dossier of request for registration of the environmental protection
commitment document to the People's Committee of the district, town or
provincial city (below referred to as district-level People's Committee) where
the project will be implemented or the authorized commune-level People's
Committee for registration and certification.
2.2. The time for registration
of the environmental protection commitment document is specified at Point 1.
Clause 7. Article 1 of Decree No. 21/2008/ND-CP.
2.3. If the project is
implemented in an area belonging to 02 (two) or more districts, the project
owner shall compare and select a district which will be most affected by the
project and send the dossier of request for registration of environmental protection
commitment to its People's Committee.
2.4. A dossier of registration
of the environmental protection commitment document comprises:
a/ 01 (one) written request for
certification of registration of the environmental protection commitment
document;
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c/ 01 (one) investment report,
techno-economic report, production and business plan or equivalent documents of
the project; if the project is implemented in an area belonging to 02 (two) or
more districts, the number of copies must correspond to the number of concerned
districts.
3. Certification of
registration of the environmental protection commitment document
3.1. Registration of the
environmental protection commitment document shall be certified in a
certificate.
If the investment project is
implemented in an area belonging to 02 (two) or more districts, the
district-level People's Committee that has received the dossier of registration
of the environmental protection commitment document shall send the
environmental protection commitment document to the People's Committees of all
districts where the project will be implemented for comments before granting a
registration certificate.
3.2. The agency competent to
grant a registration certificate shall give certification on the reverse side
of the supplementary cover sheet of each copy of the registered environmental
protection commitment document.
3.3. If the registration dossier
is unqualified for certification, the district-level People's Committee or the
authorized commune-level People's Committee shall notify in writing the reasons
to the project owner for completing the registration dossier. The time for
finalizing the registration dossier is not counted into the time limit for
registration of the environmental protection commitment document specified in
Article 26 of the Law on Environmental Protection.
4. Sending of dossiers of
certification of environmental protection commitment documents
4.1. If the registration and
certification is carried out at the district level, the district-level People's
Committee shall send 01 (one) copy of the environmental protection commitment
document, enclosed with the certificate, to:
a/ The project owner for
implementation;
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c/ The People's Committees of
all districts where land is used for the project, if the project is implemented
on an area belonging to 02 (two) or more districts.
4.2. If the registration and
certification is carried out at the commune level, the commune-level People's
Committee shall send 01 (one) copy of the environmental protection commitment
document, enclosed with the certificate, to:
a/ The project owner for
implementation;
b/ The district-level People's
Committee.
5. Elaboration, registration
and certification of additional environmental protection commitment documents
5.1. Additional environmental
protection commitment documents shall be elaborated in the following cases:
- The project sees one of
fundamental changes in technology, scope, capacity or implementation site; if
the change of the project's location leads to the change of the agency
competent to make certification, the project owner shall re-compile the dossier
of registration for certification of the environmental protection commitment
document;
- The project cannot be carried
out within 24 months counting from the date the environmental protection
commitment document is certified by a competent agency.
5.2. Additional environmental
protection commitment documents, must have the form and contents as prescribed.
The project owner shall send the dossier of the additional environmental
protection commitment document to the agency which has granted the certificate
of registration of the environmental protection commitment document for
consideration and certification.
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a/ 01 (one) written request for
certification of registration of the additional environmental protection
commitment document;
b/ 01 (one) copy of the
certified environmental protection commitment document;
c/ 01 (one) lawfully
authenticated copy of the certificate of registration of the environmental
protection commitment document;
d/ 01 (one) draft adjusted
investment report; adjusted techno-economic report; adjusted production and
business plan or equivalent document of the project, bearing the signature,
full name and title of the project owner and a stamp on its supplementary cover
sheet;
dd/ The number of copies of the
additional environmental protection commitment document is equal to the number
of copies of the projects environmental protection commitment document
certified by a competent agency.
5.4. Certification of additional
environmental protection commitment documents shall be made in the same way as
certification of environmental protection commitment documents.
5.5. The sending of the dossier
of the additional environmental protection commitment document shall be similar
to the sending of the dossier of the certified environmental protection
commitment document.
6. Authorization of the
certification of the registration of environmental protection commitment
documents to commune-level Peoples Committees
6.1. The district-level Peoples
Committee may authorize a commune-level Peoples Committee to certify the
registration of the environmental protection commitment document if seeing that
the commune-level Peoples Committee is capable in environmental management and
the commune-level Peoples Committees has made a written request for the
authorization of registration of the environmental protection commitment
document.
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a/ Send a document of
authorization to the commune-level Peoples Committee to certify the
registration of the environmental protection commitment document, in case of
approval;
b/ Send a notice clearly stating
the reason for non-approval to the commune-level Peoples Committee and the
project owner.
6.3. The time for consideration
and settlement of the commune-level Peoples Committees request for
authorization is not counted into the time limit for certification of
registration of the environmental protection commitment document.
6.4. If it is not authorized,
the commune-level Peoples Committee shall return the dossier of the
environmental protection commitment to the project owner for sending it to the
competent district-level Peoples Committee for consideration and certification
according to regulations.
6.5. If the project is
implemented on an area belonging to 02 (two) or more districts, towns or
provincial cities, the district-level Peoples Committee may not authorize a
commune-level Peoples Committee to give certification.
7. Authorization of the
certification of registration of environmental protection commitment documents
of investment projects in economic zones, industrial parks, export-processing
zones and hi-tech parks
7.1. The district-level Peoples
Committees competent to certify the registration of the environmental protection
commitment document may authorize in writing the management board to certify
the registration of the environmental protection commitment document of an
investment project in an economic zone, industrial park, export-processing zone
or hi-tech parks in pursuance to the conditions specified in Clause 8, Article
1 of Decree No. 21/2008/ND-CP, provided that the management board has a
specialized environmental protection organization or section which is an
environmental protection bureau set up under Clause 1, Article 9 of the
Governments Decree No. 81/2007/ND-CP of May 23, 2007, providing for specified
environmental protection organizations and sections in state agencies and state
enterprises and has filed a written request for authorization.
7.2. The authorized management
board shall perform all tasks of a district-level Peoples Committee in the
certification of the registration of environmental protection commitment
documents; sending of dossiers of registration of environmental protection
commitment documents; certification of registration of additional environmental
protection commitment documents of projects for which environmental protection
commitment documents have been certified in strict accordance with Part IV of
this Circular and send reports to the district-level Peoples Committee and
implement the examination and reporting regulations in Part V of this Circular.
V.
REGULATIONS ON EXAMINATION OF AND REPORTING ON THE APPRAISAL AND APPROVAL OF
ENVIRONMENTAL IMPACT ASSESSMENT REPORTS AND CERTIFICATION OFENVIRONMENTAL
PROTECTION COMMITMENT DOCUMENTS
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2. The authorized
management boards are subject to the examination by authorizing agencies in the
appraisal and approval of environmental impact assessment reports and certification
of environmental protection commitment documents in accordance with current
regulations; and send written reports before annual January 15 to the following
agencies:
2.1. The Ministry of Natural
Resources and Environment, on the appraisal and approval of environmental
impact assessment reports, enclosed with a table of the results of these
activities (send hard copies printed on A4 size paper sheets by post and e-mail
attachments).
2.2. Provincial-level Natural
Resources and Environment Services, on the certification of registration of
environmental protection commitment documents, enclosed with a table on the
results of these activities (send hard copies printed on A4 size paper sheets
by post and e-mail attachments).
3. District-level Peoples
Committees are subject to the examination by provincial-level Natural Resources
and Environment regarding the certification of registration of environmental
protection commitment documents according to current regulations; and shall
report to provincial-level Natural Resources and Environment Services on the
certification of registration of environmental protection commitment documents
in the year no later than January 15 of the following year, enclosed with a
datasheet (send hard copies printed on A4 size paper sheets by post and e-mail
attachments).
4. Provincial-level
Natural Resources and Environment Services shall send reports on the
certification of registration of environmental protection commitment documents
in the year to provincial-level Peoples Committees and the Ministry of Natural
Resources and Environment before January 30 of the following year, clearly
stating the number of projects which have been granted registration
certificates, arising difficulties and problems and proposing solutions to these
shortcomings.
VI.
IMPLEMENTATION PROVISIONS
1. Ministries, ministerial-level
agencies, government-attached agencies and People's Committees at all levels
shall organize the implementation of this Circular.
2. This Circular takes effect 15
days after its publication in CONG BAO and replaces Circular No.
08/20067TT-BTNMT of September 9, 2006, of the Ministry of Natural Resources and
Environment, guiding strategic environmental assessment, environmental impact
assessment and environmental protection commitment.
3. The appraisal of strategic
environmental assessment reports, appraisal and approval of environmental
impact assessment reports and certification of registration of environmental
protection commitment documents for dossiers received by competent agencies
before the effective date of this Circular still comply with Circular No.
0S/2006/TT-BTNMT.
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MINISTER
OF NATURAL RESOURCES
AND ENVIRONMENT
Pham Khoi Nguyen