THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
143/2004/ND-CP
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Hanoi,
July 12, 2004
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DECREE
AMENDING AND SUPPLEMENTING ARTICLE 14 OF THE
GOVERNMENT'S DECREE NO. 175/CP OF OCTOBER 18, 1994 WHICH GUIDES THE
IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the December 27, 1993 Law on Environmental Protection;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Article 1.- To amend and
supplement Article 14 of the Government's Decree No. 175/CP of October 18, 1994
guiding the implementation of the Law on Environmental Protection as follows:
"Article 14.- Competence to
evaluate and approve environmental impact assessment reports
1. The Ministry of Natural
Resources and Environment shall evaluate and approve environmental impact
assessment reports for the following projects:
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b/ Projects on building
infrastructures of urban centers of class 3 or higher (with a population of
100,000 people or more each); projects on building infrastructures of
industrial parks and hi-tech parks of 150 ha or more each; projects on building
infrastructures of economic and trade zones of 1,000 ha or more each;
c/ Projects on building
permanent bridges of 1,000 m in length or more each, seaports for vessels with
a tonnage of 50,000 DWT or more each, airports, and aerodromes; projects on
shipyards for building and repairing ships of a tonnage of 10,000 DWT or more
each; projects on petrol and oil depots with a capacity of 50,000 m3 or more
each;
d/ Projects on hydro-electric
power plants with reservoirs of a capacity of 100,000,000 m3 of water or more
each; projects on thermo-electric power plants with the capacity of 200 MW or
more each;
e/ Projects on oil refinery and
petrochemistry; projects on plastic production plants with an output of 10,000
tons of products/year or more each; projects on chemical
fertilizer-manufacturing plants with an output of 100,000 tons of products/year
or more each; projects on plants for manufacturing paint, base chemicals, plant
protection drugs, detergents and additives with an output of 20,000 tons of
products/year or more each; projects on rubber latex- and rubber-processing
plants with an output of 50,000 tons of products/year or more each; projects on
plants for manufacturing inner tubes and tires of automobiles and tractors with
an output of 1,000,000 products/year or more each; projects on storage battery
plants with an output of 300,000 KWh/year or more each; projects on textile and
dyeing plants with an output of 30,000,000 m of fabrics/year or more each;
f/ Projects on alcohol- and
liquor-manufacturing plants with an output of 1,000,000 liters of products/year
or more each; projects on beer- and beverage-manufacturing plants with an
output of 10,000,000 liters of products/year or more each;
g/ Projects on petrol and oil
exploitation; projects on exploiting solid minerals (without using chemicals)
with an output of 500,000 m3/year or more each; projects on exploiting solid
minerals containing toxic substances or using toxic chemicals; projects on
exploiting underground water with an output of 50,000 m3 of water/day and night
or more each; projects on exploiting surface water with an output of 500,000 m3
of water/day and night or more each;
h/ Projects on building plants
an output of 300,000 tons of products/year or more each; projects on cement
production plants with an output of 1,000,000 tons of cement/year or more each;
projects on paper- and paper pulp-manufacturing plants with an output of 50,000
tons of products/year or more each;
i/ Projects on building sites
for burying industrial wastes and hazardous wastes; projects on building the
concentrated industrial waste-water treatment system with the capacity of 5,000
m3 of waste water/day and night or more.
On the basis of considering case
by case at the proposals of project-managing ministries or branches, the Ministry
of Natural Resources and Environment may authorize the ministries and/or
branches to evaluate and approve environmental impact assessment reports for
the projects prescribed in Clause 1 of this Article.
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3. The Ministry of Natural
Resources and Environment shall have to submit to the Government for
consideration the issue of environmental protection of the projects of national
importance with investment therein being decided by the National
Assembly."
Article 2.- Implementation effect
This Decree takes effect 15 days
after its publication in the Official Gazette and replaces Article 14 of the
Government's Decree No. 175/CP of October 18, 1994 guiding the implementation
of the Law on Environmental Protection.
Article 3.- Implementation
organization
The Minister of Natural
Resources and Environment shall have to guide in detail the elaboration and
evaluation of environmental impact assessment reports for the projects falling
under the competence of the provincial/municipal People's Committees and the
projects authorized to the ministries and/or branches for elaboration and
evaluation.
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the provincial/municipal People's Committees shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai