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THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No:
01/2012/TT-BTNMT
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Hanoi,
March 16, 2012
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CIRCULAR
REGULATION
ON SETTING-UP, ASSESSMENT, APPROVAL, INSPECTION AND CERTIFICATION OF THE
IMPLEMENTATION OF DETAILED ENVIRONMENTAL PROTECTION PROJECT; SETTING-UP AND
REGISTRATION OF SIMPLE ENVIRONMENTAL PROTECTION PROJECT
THE MINISTER OF THE MINISTRY OF NATURAL RESOURCES AND
ENVIRONMENT
Pursuant to the Law on
Environmental Protection dated November 29, 2005;
Pursuant to the Decree No.
29/2011/ND-CP dated April 18, 2011 of the Government stipulating the assessment
of strategic environment, assessment of environmental impact and commitment of
environmental protection;
Pursuant to the Decree No.
25/2008/ND-CP dated March 04, 2008 of the Government stipulating the functions,
duties, rights and organizational structure of the Ministry of
Natural Resources and Environment amended and supplemented in the Decree No.
19/2010/ND-CP dated March 05, 2010 and the Decree No. 89/2010/ND-CP dated
August 16, 2010;
At the proposal of the
General Director of the
General Department of Environment, Director of Legislation Department
REGULATES:
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GENERAL REGULATION
Article 1.
Scope of adjustment
This Circular stipulates in
detail the setting-up, assessment and approval of the detailed project of
environmental protection, inspecting and certifying the implementation of the
detailed project of environmental protection; setting up and registering the
simple project of environmental protection as in Clause 6, Article 39 of Decree
No. 29/2011/NĐ-CP dated April 18, 2011 of the Government stipulating assessment
of strategic environment, assessment of environmental impact, commitment of
environmental protection (hereafter referred to as Decree No.29/2011/ND-CP).
Article 2.
Subjects of application
This Circular is applied to the state agencies,
organizations and individuals in the country and abroad (hereafter referred to
as organizations and individuals) relating to the setting-up, assessment and
approval the detailed project of environmental protection; inspecting and
certifying the implementation of the detailed project of environmental
protection, setting up and registering the simple project of environmental
protection
Chapter II
SETTING-UP, ASSESSMENT
AND APPROVAL OF DETAILED PROJECT OF ENVIRONMENTAL PROTECTION
Article 3.
Facility to set up the detailed project of environmental protection
1. The facility that has to set
up the detailed project of environmental protection (hereafter referred to as
facility) with scale and nature corresponding to the subject that must make report 29/2011/ND-CP including:
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b) The facility has had a decision on approval of report on environmental impact
assessment. When renovating, expanding and increasing capacity
subject to make additional report on environmental impact assessment
(before the date of validity of the Decree No. 29/2011/ND-CP) or subject to
re-make report on environmental impact assessment (as prescribed in the Decree
No. 29/2011/ND-CP) but having no decision to approve the additional report on
environmental impact assessment or decision to approve report on environmental
impact assessment that has completed the renovation, expansion and increase of
capacity at the present time.
c) The facility has had a decision on approval of the environmental
protection project, certificate of registration for environmental protection
project. When renovating, expanding and increasing capacity subject to make report
on environmental impact assessment but having no decision on approval of the
report on environmental impact assessment that has completed the renovation,
expansion and increase of capacity at the present time
d) The facility has had one of
the following documents: Certificate of registration of environmental standards
conformity,
Certificate of registration of
environmental protection commitment, additional Certificate of registration of
environmental protection commitment, written notice on acceptance of
registration of environmental protection commitment.
When renovating, expanding and increasing capacity subject to make report
on environmental impact assessment but having no decision on approval of the
report on environmental impact assessment that has completed the renovation,
expansion and increase of capacity at the present time
dd) The facility has had a decision on approval of the detailed environmental
protection project. When renovating, expanding and increasing capacity subject
to make report on environmental impact assessment but having no decision
to approve the report on environmental impact assessment that has completed the
renovation, expansion and increase of capacity at the present time
e) The facility has started work
and in the stage of preparation (space preparation), has completed the stage of
preparation and is in the stage of construction but has not had decision on
approval of report on envirionmental impact assessment or decision to approve
the detailed project of environmental protection
2. The facility owner as
prescribed in clause 1 of this Article is responsible for setting up the
detailed project of environmental protection as regulated in this Circular and
sending to the competent authority for assessment and approval.
Article 4.
Process of setting-up, assessment and approval of the detailed project of
environmental protection.
Setting-up, assessment and approval
of the detailed project of environmental protection is implemented in
accordance with the process as regulated in the Annex 1 attached to this
Circular including the following steps:
1. The facility owner as
prescribed in Article 3 of this Circular will set up and send dossier of
request for appraisal and approval of the detailed project of environmental
protection to the competent authority for assessment and approval as regulated
in clause 1, Article 7 of this Circular.
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3. In case the content of
dossier is complete and meet requirements on assessment, the standing appraisal
agency will conduct a practical inspection at the facility. In necessary case,
organizing consultation from agencies and experts.
4. The standing agency will sum
up and process the result of practical inspection and opinions from agencies
and experts and send a written notice to the facility owner on the assessment
result of the detailed project of environmental protection.
5. The facility owner has
complied with requirements of the notice of assessment result
6. Head of
the approval and appraisal competent authority will consider and approve the
detailed project of environmental protection.
7. The standing appraisal agency
will certify and send the approved project of of environmental protection.
Article 5.
Setting up and sending dossier for request of assessment and approval of the
detailed project of environmental protection
The facility owner subject to
setting up the detailed project of environmental protection is responsible for:
1. Setting up or the
detailed project of environmental protection according to the structure
.
2. Mailing the
detailed project of environmental protection to
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b) Five (05)
copies of the detailed project of environmental protection are bookbinding with
cover and cover subpage in the form prescribed in Annex 4 attached ;
c) One of the
following documents: investment project, feasibility study only ).
Article 6. Consultation the detailed project of environmental
protection
1. The facility
owner will the detailed project of environmental protection in the form
prescribed in Annex 5 attached
2. Within the
period of fifteen (15) working days, from the date receiving documents of the
facility owner, the communal People’s Committee will have a written response in
the form prescribed in Annex 6 attached
3. In , before
a) The facility concentrated area of approved
the project of environmental protection for the constructional stage of
infrastructure by competent authorities with the activities of production,
trading and services consistent with the sector and trade planning set forth in
the report on environmental project of environmental protection of that
concentrated zone of
b) Facility
management of 's
Committees;
c) The facility
has factors of security and national defence secret.
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1. The agencies
having competence to assess and approve the detailed project of environmental
protection are stipulated as follows:
a) The Ministry of
Natural Resources and Environment will assess and approve the detailed project
of environmental protection of the facilty with the scale and nature similar to
the subject that makes reports prescribed in Annex III promulgated
together with the Decree No. 29/2011/ND-CP, except for facilities having the
factors of security and national defence secret; assess and approve the
detailed project of environmental protection of the facility under its decision
and approval;
b) The Ministry of
Defence, Ministry of Public Security will assess the detailed project of
environmental protection of the facility under their decision and approval and
other facilities assigned with the factors of security and national defence
secret;
c) The Ministries,
ministerial agencies and agencies under the Government will assess and approve
the detailed project of environmental protection of the facility under their
decision and approval, except for subjects stipulated at points a and b, clause
1 of this Article;
d) The provincial
People’s Committee will assess and approve the detailed project of
environmental protection of the facilities in its area, except for subjects
stipulated at points a, b and b, clause 1 of this Article;
2. The competent
authority for assessment and approval will assign the professional agency for
environmental protection directly under it to be the standing agency for
assessment and submit for approving the detailed project of environmental protection
(hereafter referred to as the standing agency for assessment). The standing
agency for assessment has responsibilities and rights as follows:
a) Reviewing project of environmental
protection;
b) Reporting assessment assessment of attached to this Circular and the list
of agencies and experts
c) Organizing an inspection group at the facility by decision on
establishment of the competent authority to assess, approve; decide or decide at
the request of the inspection group regarding the measurement, taking sample
for analysis in order to verify the data.
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dd) Notifying in writing the facility owner of the
assessment result and requirements relating to the completion of the dossier of
assessment of the detailed project of environmental protection;
e) Organizing to review project of environmental protection that has been
improved and returned by the facility owner after organization for assessment.
g) Drafting of decision on approval of the detailed project of
environmental protection to submit to the competent authority of assessment and
approval in order to consider and make decision;
h) Organizing the inspection and reporting to the competent authority for
assessment and approval in order to consider and certify the implementation of
the detailed project of environmental protection of the facility.
i) Performing other tasks relating to the
assessment and approval of the detailed project of environmental protection at
the request of the competent authority of assessment and approval;
Article 8. Time limit for assessing the detailed
project of environmental protection
1. A maximum of forty five (45) working days from the date of receiving
complete and valid dossier for the detailed project of environmental protection
of the facility with scale and nature corresponding to the subject that makes
report 29/2011/ND-CP
2. A maximum of thirty (30) working days from the date of receiving
complete and valid dossier for the detailed project of environmental protection
of the facility not subject to regulations in clause 1 of this Article.
3. The time limit for assessment prescribed in clause 1 and 2 of this
Article doesnot include the time the facility owner will complete dossier at
the request of the standing assessment agency during the process of assessment
of the detailed project of environmental protection.
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1. Checking
the dossier: ) working from the
date of receiving he standing assessment agency will send out written notice to
the facility owner for completion. In case the dossier meets the requirements,
the standing assessment agency will organize assessment as stipulated in clause
2 and 3 and 4 of this Article;
2. Making
physical inspection of the work of environmental protection of the facility:
a) Inspecting
the work of environmental protection of the facility under the decision to
establish an inspection group of the competent authority of assessment and
approval;
b) In
necessary case, organizing the measurement, taking sample for analysis in order
to verify the data.
c) Making
report of inspection in the form prescribed in Annex 8 attached to this
Circular.
3. Summing up
and processing the result of experts and agencies consultation relating to the
detailed project of environmental protection.
4. Notifying
assessment result ( only one time):
The standing assessment agency
will send out written notice of the assessment result by one (01) of three (03)
cases as follows:
a) The
detailed project of environmental protection is passed without amendment,
supplement;
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c) The
detailed project of environmental protection is not passes ( specify reasons)
5. After having received the notice of assessment result, the owner
facility is responsible for:
a) For the detailed project of environmental protection passed without
amendment and supplement: Signing , duplicating with the standing assessment agency for
b) For the detailed project of environmental protection passed with
requirement of amendment and supplement: amending and supplementing the project
as required and signing, duplicating and binding into a book as prescribed at
point a, clause 5 of this Article; sending (only one time) all copies of this
project and one (01) recorded on CD enclosed with document of explanation on admendment
and supplement of the project tostanding assessment agency for
c) For the detailed project of environmental protection not passed:
Re-setting up the project and sending to the competent authority for
assessement and approval to re-assess it.
6. Setting up and re-assessing the detailed project of environmental
protection:
a) The facility owner must re-set up the detailed project of environmental
protection and send dossier to request the re-assessment of the project as prescribed
in Article 5 of this Circular;
b) The time limit and process for re-assessment is implemented as
prescribed in Article 4 and 8 of this Circular.
Article 10. Approving the detailed project of
environmental protection
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a) A maximum of ) working of project
of environmental protection completed as required for the facility with scale
and nature corresponding to the subject that makes report 29/2011/ND-CP;
b) A maximum of ) working of project
of environmental protection completed of the facility owner for the facility
not subject to regulations at point a, clause 1 of this Article;
c) The time limit for assessment prescribed at point a and b, clause 1of
this Article doesnot include the time the facility owner will complete dossier
at the request of the competent authority for assessement and approval or of
the standing assessment agency during the process of assessment of the detailed
project of environmental protection.
2. The decision on approval of the detailed project of environmental
protection in the form as prescribed in Annex 9 enclosed with this Circular.
Article 11. Certifying and sending the detailed
project of environmental protection
1. After having decision on approval of the detailed project of
environmental protection, the standing assessment agency must certify on the
back side of the cover sub page in the form prescribed in Annex 10a attached to
this Circular.
2. After certification, the standing assessment agency will send and
retain the detailed project of environmental protection as required as follows:
a) For the detailed project of environmental protection approved by the
Ministry of Natural Resources and Environment: sending one (01) copy of the
decision on approval attached to the detailed project of environmental
protection approved and certified to the facility owner, one (01) copy sent to
the Department of Natural Resources and Environment where the facility performs
the production, trading and services, one (01) copy sent to the branch
management Ministry, one (01) copy is archived.
b) For the detailed project of environmental protection approved by the
Ministry of Defence and the Ministry of Public Security: sending the decision
on approval and the detailed project of environmental protection is implemented
under separate regulations.
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d) For the detailed project of environmental protection approved by the
provincial People’s Committee: sending one (01) copy of decision on approval
attached to the detailed project of environmental protection approved and
certified to the facility owner, one (01) copy sent to the the Department of
Natural Resources and Environment, one (01) copy sent to the People’s Committee
of district level where the facility performs the production, trading and
services, one (01) copy is archived; sending one (01) copy of the decision on
approval of the detailed project of environmental protection to the Ministry of
Natural Resources and Environment, the branch management Ministry and the
communal - level People’s Committee where the facility performs the production,
trading and services respectively.
3. Department of Natural Resources and Environment of provinces will make
copy from the original of the decision on approval of the detailed project of
environmental protection sent by the Ministries, ministerial-level agencies,
agencies under the Government and send to the People’s Committee of district
level and the communal - level People’s Committee where the facility performs
the production, trading and services
Chapter III
INSPECTING AND
CERTIFYING THE IMPLEMENTATION OF THE DETAILED PROJECT OF ENVIRONMENTAL
PROTECTION
Article 12. Responsibility of the facility owner in
the implementation of the detailed project of environmental protection
1. Seriously implementing the contents of the detailed project of
environmental protection approved.
2. After completion of works and measures for environmental protection,
the facility owner will set up dossier to request the inspection and
certification of the implementation of the detailed project of environmental
protection and send to the competent authority of assessment and approval that
has approved the detailed project of environmental protection in order to
inspect and certify the implementation. The dossier consists of:
a) One for inspection and certification of
implementation of the detailed project of environmental protection in attached ;
b) Five (05) reports on the result of the implementation of the detailed
project of environmental protection in attached
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Article 13. Responsibilities and time limit for
certifying the implementation of the detailed project of environmental
protection
1. The competent authority for assessment and approval as prescribed in
clause 1, Article 7 of this Circular is responsible for:
a) Assigining the standing assessment agency to organize consideration of
dossier and inspection of the implementation of the detailed project of
environmental protection of the facility;
b) Considering and issuing certificate of completion of the detailed project
of environmental protection to the facilities as prescribed in clause 1,
Article 3 of this Circular (hereafter referred to as Certificate of
completion).
2. The time limit for issuing the Certificate of completion is regulated
as follows:
a) A maximum of twenty-five (25) working days from the date of receiving
valid dossier for the detailed project of environmental protection of the
facility with with the scale and nature similar to the subject that makes
reports report prescribed in Annex III promulgated together with the Decree No.
29/2011/ND-CP.
b) A maximum of twenty (20) working days from the date receiving valid
dossier for the detailed project of environmental protection of the facility
not subject to regulations at point a of this clause.
c) The time limit for certification prescribed at
points a and b of this clause doesnot include the time the facility owner will
complete dossier at the request of the standing assessment agency.
Article 14. Inspecting and certifying the
implementation the detailed project of environmental protection
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2. In case the dossier is in conformity with the regulation as the
standing assessment agency.
3. The standing assessment agency is responsible for organizing inspection
group in inspecting measures and work of protection of the facility. After
finishing the inspection at the facility, the group of inspection is responsible
for making report of inspection in the form as prescribed in Annex 16 attached
to this Circular.
4. Based on the inspection report on the implementation of the detailed
project of environmental protection and proposal of the standing assessment
agency, the competent authority of assessment and approval will consider and
decide on issuing the Certificate of completion in the form prescribed in Annex
17 attached to this Circular.
Chapter IV
SETTING-UP AND
REGISTRATION OF SIMPLE ENVIRONMENTAL PROTECTION PROJECT
Article 15. Facility to set up the simple project of environmental protection
1. The facility that has to set up the simple project of environmental
protection is one with scale and nature corresponding to the subject that must
make environmental
protection commitment as prescribed in Article 29 of the Decree No.
29/2011/ND-CP including:
a) The facility does not have one of the following documents: Certificate for
registration of satisfaction of environmental standards, Certificate for
registration of environmental protection commitment, written notice on
acceptance of registration of environmental protection commitment, Cerificate
for registration of environmental protection project;
b) The facility : Certificate
for registration of environmental standard conformity, Certificate for registration of
environmental protection commitment, written notice on acceptance of
registration of environmental protection commitment, when improving, expanding
and increasing its capacity subject to making additional registration of
Certificate of Environmental
Standard conformity, written environmental protection commitment
(before the date the Decree No. 29/2011/ND-CP takes effect) or subject
to re-make the environmental protection commitment ( as prescribed by the
Decree No. 29/2011/ND-CP) but not having Certificate for registration
of environmental standard conformity or certificate of additional environmental
protection commitment or the written notice on acceptance of registration of
environmental protection commitment having completed the improvement, expansion
and increase of capacity for the time being;
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d) The facility has the certificate for registration of simple project of
environmental protection when improving, expanding and increasing its capacity
subject to making the environmental protection commitment but not having the
written notice on acceptance of registration of environmental protection
commitment having completed the improvement, expansion and increase of capacity
for the time being;
dd) The facility
has started work and in the stage of preparation (space preparation), has
completed the stage of preparation and is in the stage of construction but not
having the written notice on acceptance of registration of environmental
protection commitment or Certificate for registration of simple environmental
protection project;
2. The facility owner as prescribed in clause 1 of this Article is
responsible for making the simple environmental protection project as regulated
in this Circular and the People’s Committee of district level for consideration
and certification.
Article 16. Process of setting up, registration and
certification of the registration of simple environmental protection project
Setting up,
registration and certification of the registration of simple environmental
protection project is implemented in conformity with the process in Annex 18
attached to this Circular including the following steps:
1. The facility owner as prescribed in clause 1, Article 15 of this
Circular sets up and sends dossier for registration of simple environmental
protection project as prescribed in Article 17 of this Circular to the People’s
Committee of district level.
2. The People’s Committee of district level assigns the standing
registration agency to consider dossier. In case the content of dossier isnot
complete as prescribed in Annex 19a, Annex 19b attached to this Circular, the
facility owner will receive a written notice for completion of dossier.
3. In case the dossier is complete as prescribed, the standing
registration agency will process the dossier. In necessary case, conducting
practical inspection at the facility and consultation from agencies, experts:
4. The standing registration agency will sum up, process and notify the
processing result to the facility owner (if any).
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6. The People’s Committee of district level will issue certificate for
registration of simple environmental protection project.
7. The standing registration agency will certify and send the simple
environmental protection project certified
Article 17. Setting up and sending dossier for
registration of simple environmental protection project
The facility owner
subject to set up simple environmental protection project is responsible for:
1. Setting up or hiring consultant to set up the simple environmental
protection project. The structure and content of the simple environmental
protection project is stipulated as follows:
a) For the facility subject to setting investment project whose scale and
capacity are not in the list or below the level as stipulated of the list in
the Annex II promulgated together with the Decree No. 29/2011/ND-CP must comply with
regulations in the Annex 19a attached to this Circular;
b) For the facility not subject to setting investment project but there is
waste material generated from the process of activity of production, trading
and services will comply with regulations in the Annex 19b attached to this
Circular;
2. Mailing project of environmental protection at the People’s Committee
of district level where the facility are implementing its production, trading
and services. In case the facility is located in the area of two (02) or more
than two (02) administrative units of district level, the facility owner can choose
one (01) among these administrative units of district level in order to send
dossier of registration. It consists of:
a) One (01) document of the facility owner in the form prescribed in attached ;
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Article 18. Competence and certification
of
1. The People’s Committee of district level is responsible for organizing
the registration of simple environmental protection project and considering the
issuance of the certificate for registration of simple environmental protection
project to the facility owner (hereafter referred to as certificate)
2. Time limit for issuing certificate:
a) A maximum of thirty (30) working days, from the date of receiving a complete
and valid dossier for the simple environmental protection project of the
facility located in the area of two (02) or more than two (02) administrative
units of district level;
b) A maximum of twenty (20) working days, from the date of receiving a complete
and valid dossier for the simple environmental protection project of the
facility located in the area of one (01) administrative unit of district level;
c) The time limit as prescribed at points a and b, clause 2 of this
Article doesnot include the time the facility owner will complete dossier at
the request of the standing registration agency during the process of dossier
consideration.
3. The People’s Committee of district level will determine its
professional agency on environmental protection for help and work regularly in
organizing the registration and certification of the simple environmental
protection project (hereafter referred to as registration standing agency)
Article 19. Considering and completing dossier,
issuing the certificate for registration of the simple project of environmental
protection; setting up and re-registering the simple project of environmental
protection.
1. Checking
the dossier: ) working from
the date of receiving of dossier, he standing registration agency will send out
written notice to the facility owner for completion. In case the dossier meets
the requirements, the standing registration agency will organize to consider
and assess and submit to the People’s Committee of district level for
certifying the registration of the simple project of environmental protection
as stipulated in clause 2 and 3 of this Article;
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a) The simple
project of environmental protection must be amended and supplemented in order
to be issued certificate of registration enclosed with the specific requirement
on the amendment and supplement;
b) The simple
project of environmental protection is not qualified for issuance of
certificate of registration (specify reason)
3. For the simple project of environmental protection with no amendment
and supplement or the facility owner has amended and supplemented as required,
the People’s Committee of district level will issue the certificate for
registration of simple project of environmental protection in the form
prescribed in Annex 22 attached
4. For the simple project of environmental protection is not qualified for
issuance of certificate of registration, the facility owner has responsible for
re-setting up the simple project of environmental protection and sending to the
People’s Committee of district level for re-registration as prescribed in
Article 17 and Article 18 of this Circular.
Article 20. Certifying and sending the simple project
of environmental protection
1. After the simple project of environmental protection has been
registered, the standing registration agency will certify on the back side of
the cover subpage of the simple project of environmental protection in the form
prescribed in Annex 10b attached to this Circular.
2. The standing registration agency is responsible for sending and
archiving the simple project of environmental protection which has been
certified as required as follows:
a) In case location of the facility is located in the area of one (01)
administrative unit of district level: Sending one (01) copy of the certificate
of registration enclosed with the simple project of environmental protection
certified to the facility owner; one (01) copy is sent to the Department of
Natural Resources and Environment; one (01) copy is sent to the communal-level
People’s Committee where the facility is located, one (01) copy is archived.
b) In case location of the facility is located in the area of more than
two (02) administrative units of district level: Besides sending and archiving
as prescribed at point a of this clause, one (01) copy of the certificate of
registration enclosed with the simple project of environmental protection
certified to the other People’s Committee of district-level where the facility
is located will also be sent respectively
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After the simple project
of environmental protection has been certified, the facility owner is
responsible for:
1. Complying well and completely the contents of the simple project of
environmental protection certified.
2. In the stage of preparation, stage of
construction, stage of operation, if the facility, as prescribed at point a,
Article 15 of this Circular, has a change on the scale, capacity, technology
and other changes relating to the environmental problem that the part of the
old content and the part of content to be changed has a scale and nature
corresponding to the subject that must make report on environmental impact
assessment as prescribed in the Decree No. 29/2011/ND-CP, the facility owner must make report on environmental impact assessment in conformity with regulations of the
law on environmental impact assessment.
3. In the stage of preparation and construction performance, stage of
operation, if the facility, as prescribed at clause 1, Article 15 of this
Circular, has a change on the scale, capacity, technology and must set up
investment project corresponding to the subject as regulated at point a, clause
1, Article 17 of this Circular must set up the simple project of environmental
protection as prescribed in this Circlar.
4. In the stage of preparation and construction performance, stage of
operation, if the facility, as prescribed at clause 1, Article 15 of this
Circular, has a change on the scale, capacity, technology and other changes
relating to the environmental problem but are not serious enough to make report
on environmental impact assessment as prescribed in the Decree No. 29/2011/ND-CP must have a report in written to the People’s Committee at district
level where the certificate of registration for project is issued and these
changes are only made after this agency has a written approval.
Chapter V
IMPLEMENTATION
ORGANIZATION ANF EXECUTION PROVISIONS
Article 22. Transitional provision
For dossier to
request the approval or certification of the environmental protection project
is implemented by the regulations of the Circular No. the Ministry of
Natural Resources and Environment guiding the setting-up, approval and
certification of the environmental protection project and examining and
inspecting the implementation of the environmental protection project but
having not been approved or certified, the Department of Natural Resources and
Environment or Division of Natural Resources and Environment is responsible for
returning dossier and guiding the facility owner to set up the detailed
environmental protection project or simple environmental protection project in
order to send to the competent authority of assessment and approval or organize
the registration as regulated in this Circular.
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1. The General Department of Environment is the standing agency to assess
the detailed environmental protection project of the Ministry of Natural
Resources and Environment.
2. The Ministries, , directly agency to assess their
detailed environmental protection projects and have a form of broad
announcement in nation-wide
3. The provincial-level People’s Committee assigns the Department of
Natural Resources and Environment to be the standing agency to assess its
detailed environmental protection project and have appropriate form of
announcement.
4. The district-level People’s Committee assigns its professional agency
directly under to be the standing registration agency and have appropriate form
of announcement.
5. The Ministries, , the
provincial-level People’s Committee, the district-level People’s Committee are
responsible for implementing reporting regime on the activities of assessment,
approval, inspection and certification of the implementation of the detailed
environmental protection project; activities of registration and certification
for registration of the simple environmental protection project as regulated in
Article 38 of the
Decree No. 29/2011/ND-CP and in the forms as prescribed in Annex 23, 24
and 25 attached to this Circular.
Article 24. Implementation provisions
1. The Ministers,
Heads of ministerial-level agencies, agencies under the Government and
Chairmans of People’s Committee of levels organize to execute this Circular.
2. This Circular
will take effect since May 02, 2012 and supersede the Circular No. 04/2008/TT-BTNMT
dated September 18, 2008 of the Ministry of Natural Resources and Environment
guiding the setting-up and approval or certification of the environmental
protection project.
3. During the
course of implementation of this Circular, if there is any problem and
difficulty arising, promptly report to the Ministry of Natural Resources and
Environment for guidance, amendment and supplement as appropriate./.
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PP
MINISTER
DEPUTY MINISTER
Bui Cach Tuyen