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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.
26/2011/TT-BTNMT
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Hanoi,
July 18, 2011
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CIRCULAR
DETAILING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE
NO. 29/2011/ND-CP OF APRIL 18, 2011, ON 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. 29/2011/ND-CP of April 18, 2011, on strategic environmental
assessment, environmental impact assessment and environmental protection
commitment;
Pursuant to the Government's
Decree No. 25/200S/ND-CP of March 4, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Natural Resources and
Environment, which was amended and supplemented by Decrees No. 19/2010/ND-CP of
March 5. 2010. and No. 89/2010/ND-CP of August 16, 2010;
Pursuant to the Prime
Minister's Decision No. 132/2008/QD-TTg of September 30, 2008, defining the
functions, tasks, powers and organizational structure of the Vietnam
Environment Administration of the Ministry of Natural Resources and
Environment;
At the proposal of the
general director of the Vietnam Environment Administration and the director of
the Legal Affairs Department,
STIPULATES:
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GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular guides in detail a
number of articles of the Government's Decree No. 29/2011/ND-CP of April 18,
2011, on strategic environmental assessment, environmental impact assessment
and environmental protection commitment (below referred to as Decree No.
29/2011/ND-CP).
Article 2.
Subjects of application
1. This Circular applies to
agencies, organizations and individuals that carry out activities related to:
a/ Strategies, master plans and
plans specified in Article 3 of Decree No. 29/2011/ ND-CP:
b/ Projects specified in Clause
1, Article 12 of Decree No. 29/2011/ND-CP;
c/ Projects and proposals on
production, business or service provision activities specified in Article 29 of
Decree No. 29/2011/ND-CP:
d/ Projects put into operation
after July 1, 2006, which have had their environmental impact assessment
reports approved under decisions issued by competent authorities but have not
yet obtained written certifications of fulfillment of contents of these reports
and requirements of decisions approving these reports.
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Chapter 2
STRATEGIC ENVIRONMENTAL
ASSESSMENT
Article 3.
Subjects obliged to make and forms of strategic environmental assessment
1. Subjects obliged to make
strategic environmental assessment and forms of strategic environmental
assessment are specified in Clauses 1, 2 and 3, Article 3 and Part C. Appendix
1 to Decree No. 29/2011/ND-CP.
2. Subjects specified in Clause
5. Article 3 of Decree No. 29/2011/ND-CP may select by themselves forms of
strategic environmental assessment.
3. Subjects obliged to make
strategic environmental assessment specified in Part C. Appendix I to Decree
No. 29/2011l/ND-CP shall do so in the forms directed by the National Assembly,
the Government and the Prime Minister. In case directing documents of the
National Assembly, the Government and the Prime Minister contain no specific
requirements on forms of making detailed strategic environmental assessment,
the Ministry of Natural Resources and Environment shall guide these forms.
Article 4.
Elaboration of strategic environmental assessment reports
1. Time for strategic
environmental assessment and requirements on use of strategic environment
assessment results are specified in Article 4 of Decree No. 29/2011/ND-CP.
2. Agencies assuming the prime
responsibility for making strategies, master plans and plans (below referred to
as project owners) as specified in Clauses 1 and 3, Article 3 of this Circular
shall elaborate and submit strategic environmental assessment reports to
competent agencies for appraisal.
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1. Project owners of subjects
specified in Clause 2. Article 4 of this Circular shall send dossiers of
request for appraisal of" strategic environmental assessment reports under
Clauses 2, 3 and 4 of this Article to agencies organizing the appraisal of
strategic environmental assessment reports defined in Clause 1. Article 6 of this
Circular.
2. A dossier of request for
appraisal of a detailed strategic environmental assessment report in the form
of separate report comprises:
a/ One (1) written request for
appraisal, made according to the form provided in Appendix 1.1 to this
Circular;
b/ Nine (9) copies of the
detailed strategic environmental assessment report in the form of separate
report of a strategy, master plan or plan which are bound together into a
volume with the cover page and supplementary cover page formats and its structure
and content complying with Appendices 1.2 and 1.3 to this Circular;
c/ Nine (9) copies of the draft
strategy, master plan or plan:
d/ In case the number of members
of the appraisal council is more than nine (9). or in other cases in which the
appraisal requires additional copies, the project owner shall provide
additional copies of the strategic environmental assessment report and the
draft strategy, master plan or plan besides the number of copies specified at
Points b and c of this Clause.
3. A dossier of request for
appraisal of a detailed strategic environmental assessment report incorporated
in a strategic report, master plan or plan comprises:
a/ One (1) written request for
appraisal, made according to the form provided in Appendix 1.4 to this Circular;
b/ Nine (9) copies of the draft
strategy, master plan or plan incorporating the detailed strategic
environmental assessment report. The structure and contents of the detailed
strategic environmental assessment report incorporated in the strategy, master
plan or plan report comply with the form provided in Appendix 1.5 to this
Circular;
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4. A dossier of request for
appraisal of a brief strategic environmental assessment report comprises:
a/ One (1) written request for
appraisal, made according to the form provided in Appendix 1.6 to (his
Circular;
b/ Five (5) copies of the draft
strategy, master plan or plan incorporating the brief strategic environmental
assessment report. The structure and contents of the brief strategic
environmental assessment report incorporated in the strategy, master plan or
plan report comply with the form provided in Appendix 1.7 to this Circular.
5. Project owners of subjects
specified in Clause 2, Article 3 of this Circular are not required to make
dossiers of request for appraisal of strategic environmental assessment
reports.
Article 6.
Organization of appraisal of strategic environmental assessment reports
1. The competence to appraise
strategic environmental assessment reports is provided in Clause 1, Article 7
of Decree No. 29/2011/ ND-CP.
2. The appraisal of strategic
environmental assessment reports is conducted by appraisal councils. The
organization and operation of councils for appraisal of strategic environmental
assessment reports are provided in Chapter 4 of this Circular.
3. The time limit for appraising
strategic environmental assessment reports is specified in Article 8 of Decree
No. 29/201l/ND-CP.
4. Within the lime limit
mentioned in Clause 3 of this Article, agencies appraising strategic
environmental assessment reports shall organize the appraisal. For an invalid
dossier, within seven (7) working days after receiving the dossier, the
appraisal-organizing agency shall notify such in writing to the project owner for
modification or supplementation.
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1. To comply with Article 9 of
Decree No. 29/2011/ND-CP.
2. To re-send to the
appraisal-organizing agency:
a/ Three (3) copies of the
modified or supplemented strategic environmental assessment report, enclosed
with one (1) copy on CD: one (1) copy of the modified or supplemented draft
strategy, master plan or plan, and a written report on assimilation of opinions
of the report-appraising agency, made according to the form provided in
Appendix 1.8 to this Circular, in case the strategic environmental assessment
report is made in the form of separate report:
b/ Three (3) copies of the
modified or supplemented draft strategy, master plan or plan, enclosed with one
(1) copy on CD; a written report on assimilation of opinions of the
report-appraising agency, made according to the form provided in Appendix 1.8
to this Circular, in case the detailed strategic environmental assessment
report is incorporated in the strategic report, master plan or plan or the
brief strategic environmental assessment report.
Article 8.
Reporting on results of appraisal of strategic environmental assessment reports
1. An agency organizing the
appraisal of a strategic environmental assessment report shall send a dossier
reporting on appraisal results to a competent authority for appraisal and
approval of a strategy, master plan or plan, which comprises:
a/ One (1) written report on
results of appraisal of the strategic environmental assessment report, made
according to the form provided in Appendix 1.9 to this Circular;
b/ One (1) copy of the project
owner's written report on assimilation of opinions of the report-appraising
agency,
2. The time limit for sending a
dossier reporting on appraisal results is fifteen (15) working days after
receiving a modified or supplemented strategic environmental assessment report
enclosed with the project owner's written report.
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1. To comprehensively and objectively
consider proposals and recommendations stated in dossiers reporting on
appraisal results of agencies organizing the appraisal of strategic
environmental assessment reports and the assimilation of appraisal opinions by
project owners.
2. In case of necessity, to
request project owners to modify or supplement draft strategies, master plans
or plans on the basis of examining dossiers reporting on results of appraisal
of strategic environmental assessment reports.
Chapter 3
ENVIRONMENTAL IMPACT
ASSESSMENT
Article 10.
Subjects obliged to elaborate and lime of elaboration, appraisal and approval
of environmental impact assessment reports
1. Owners of the following
projects are obliged to elaborate environmental impact assessment reports:
a/ Projects numbered from 1 thru
143 and numbered 145 in Appendix II to Decree No. 29/2011/ND-CP; projects with
names different from but of nature and size equivalent to those of projects
numbered 1 thru 143 in Appendix II to Decree No. 29/2011/ND-CP;
b/ Projects to renovate, expand,
upgrade or raise the capacity of operating production, business or service
establishments, of which environmental impact assessment reports have been
approved, or written environmental protection commitments have been registered
or certified, or written registrations of attainment of environmental standards
have been certified, or environmental protection schemes have been approved or
certified, to be equivalent to the subjects numbered 1 thru 143 in Appendix II
to Decree No. 29/2011/ND-CP:
c/ Projects specified in Clause
5, Article 35 of Decree No. 29/2011/ND-CP.
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Article 11.
Re-elaboration, appraisal and approval of environmental impact assessment
reports
1. A project which has an
approved environmental impact assessment report but has not yet been put into
operation shall re-elaborate an environmental impact assessment report in the
following cases:
a/ Change of the location of its
implementation or failure to organize its implementation within thirty six (36)
months alter the issuance of the decision approving the environmental impact
assessment report;
b/ Increase in scale or capacity
or change of technology leading to a broader scope of impact or greater adverse
impacts on the environment not caused by wastes or an increase in total volume
of wastes or generation of new kinds of waste or wastes with contents of
pollutants higher than previously calculated or forecast in the approved
environmental impact assessment report.
2. The re-elaboration, appraisal
and approval of environmental impact assessment reports for the cases specified
in Clause 1 of this Article comply with Articles 12. 13. 14 and 15 of this
Circular.
3. Project owners may implement
the changed contents after their environmental impact assessment reports are
approved.
Article 12.
Consultation in the process of making environmental impact assessment reports
1. Consultation in the process
of making environmental impact assessment reports complies with Articles 14 and
15 of Decree No. 29/2011/ND-CP.
2. Written requests of project
owners for consultation shall be made according to the form provided in
Appendix 2.1 to this Circular.
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4. In the consultation process,
project owners shall assure that their written requests for consultation, which
are enclosed with brief documents on their projects' major investment items,
environmental issues and environmental protection solutions, are sent to
consulted parties.
5. The time limit for a
consulted party to issue a consultation reply is fifteen (15) days after
receiving a written request for consultation from the project owner.
Article 13.
A dossier of request for appraisal of an environmental impact assessment report
1. One (1) written request of
the project owner for appraisal of an environmental impact assessment report,
made according to the form provided in Appendix 2.3 to this Circular.
2. Seven (7) copies of the
project's environmental impact assessment report. In case the number of members
of the appraisal council is more than seven (7), or in other cases in which the
appraisal requires, the project owner shall provide additional copies of the
environmental impact assessment report. The cover page and supplementary cover
page format and structure and contents of an environmental impact assessment
report comply with the forms provided in Appendices 2.4 and 2.5 to this
Circular.
3. One (1) copy of the
investment project (the feasibility study report).
4. For the case specified at
Point b. Clause 1. Article 10 of this Circular, in addition to the documents
specified in Clauses 1, 2 and 3 of this Article, there must be also one (1)
copy of the decision approving the environmental impact assessment report or
the written certification of the registration of attainment of environmental
standards, the decision approving or written certification of the environmental
protection scheme or the document proving the approved environmental protection
commitment of the operating production, business or service establishment.
5. For the case specified in
Clause 1. Article 11 of this Circular, in addition to the documents specified
in Clauses 1. 2 and 3 of this Article, there must be also one (1) copy of the
decision approving the environmental impact assessment report of the previous
project.
Article 14.
Organization of appraisal of environmental impact assessment reports
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2. The organization and
operation of councils for appraisal of environmental impact assessment reports
are specified in Chapter 4 of this Circular.
Article 15.
Process of and time limit for appraisal and approval of environmental impact
assessment reports
1. The process of and time limit
for appraisal and approval of environmental impact assessment reports are
respectively specified in Articles 19 and 20 of Decree No. 29/2011/ND-CP.
2. After an environmental impact
assessment report is appraised and adopted without modification or
supplementation or adopted on the condition that it must be modified or
supplemented, the project owner shall finalize the report, undersign each page
of the report (except the cover page, which shall he made according to the form
provided in Appendix 2.4 to this Circular), copied, bound into hard-back
volumes, appended with seals (if any) and sent to the agency appraising the
environmental impact assessment report in a number sufficient for being sent to
the addresses specified in Clause 2, Article 21 of Decree No. 29/2011/ND-CP,
enclosed with one (1) copy written on CD and the project owner's written
explanation about the modifications or supplementations to the environmental
impact assessment report at the request of the standing body of the appraising
agency stated in its written notification of appraisal results.
3. Decisions approving
environmental impact assessment reports shall be made according to the form
provided in Appendix 2.6 to this Circular.
Article 16.
Responsibilities of the agency approving environmental impact assessment
reports and project owners after their environmental impact assessment reports
are approved
1. Responsibilities of the
agency approving an environmental impact assessment report:
a/ To give a certification of
approval of the environmental impact assessment report, made according to the
form provided in Appendix 2.7 to this Circular:
b/ To send the approved
environmental impact assessment report to the addresses specified in Clause 2.
Article 21 of Decree No. 29/2011/ND-CP within fifteen (15) working days after
approving this report.
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a/ To adjust its investment
project to satisfy the requirements stated in the decision approving the
approved environmental impact assessment report:
b/ To publicly disclose on the
project which has the environmental impact assessment report approved under
Article 22 of Decree No. 29/2011/ND-CP;
c/ To discharge the
responsibilities specified in Chapter 5 of this Circular before putting the
project into official operation.
Chapter 4
ORGANIZATION AND OPERATION
OF STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT APPRAISAL COUNCILS AND
ENVIRONMENTAL IMPACT ASSESSMENT REPORT APPRAISAL COUNCILS
Article 17.
Setting up of strategic environmental assessment report appraisal councils or
environmental impact assessment report appraisal councils
1. Heads of the competent
agencies defined in Clause 1, Article 7 of Decree No. 29/2011/ND-CP shall
decide to set up strategic environmental assessment report appraisal councils.
2. Heads of the agencies defined
in Clause 1. Article 18 of Decree No. 29/2011/ND-CP shall decide or authorize
heads of their attached specialized agencies in charge of environmental
protection to decide to set up environmental impact assessment report appraisal
councils.
3. An appraisal council shall be
set up to appraise each strategic environmental assessment report or
environmental impact assessment report.
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Article 18.
Composition and structure of strategic environmental assessment report
appraisal councils and environmental impact assessment report appraisal
councils
1. The composition and structure
of a strategic environmental assessment report appraisal council are specified
in Clause 5. Article 7 of Decree No. 29/2011/ND-CP.
2. The composition and structure
of an environmental impact assessment report appraisal council are specified in
Clause 3. Article 18 of Decree No. 29/2011/ND-CP. In case a project is located
in an economic zone, industrial park, hi-tech park, export-processing zone,
industrial cluster or another concentrated production, business or service zone
(below collectively referred to as a concentrated production, business or
service zone), an appraisal council may be composed of representatives of the
state agency directly managing the concentrated production, business or service
zone and investor(s) in building and commercial operation of infrastructure
facilities of this zone.
Article 19.
Functions and working principle of strategic environmental assessment report
appraisal councils and environmental impact assessment report appraisal
councils
1. Strategic environmental
assessment report appraisal councils and environmental impact assessment report
appraisal councils (below collectively referred to as appraisal councils) have
the function of giving advice to heads of agencies organizing the appraisal and
take responsibility before law and agencies organizing the appraisal for the
objectiveness and truthfulness of appraisal results.
2. Appraisal councils shall work
on the principle of public and direct discussion among council members and
between councils and project owners (except the case of appraisal of brief
strategic environmental assessment reports in the form of collecting written
comments or assessments) and make conclusions on assessment results under
Clause 2. Article 33 of this Circular.
3. Councils appraising brief
strategic environmental assessment reports shall work under Clause 6, Article 7
of Decree No. 29/ 2011/ND-CP.
4. Appraisal councils shall
operate through their appraisal standing bodies set up by competent agencies
defined in Clause 1. Article 7 and Clause 2, Article 18 of Decree No. 29/
2011/ND-CP.
Article 20.
Conditions and criteria for selection of members of appraisal councils
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2. Criticism members must be
professionally knowledgeable about the environment or the field of the project
(including at least one (1) professionally knowledgeable about the environment)
and have at least seven (5). five (3) or three (1) years' experience, for those
possessing a university degree, a master or doctor diploma, respectively.
3. Council secretaries must be
staffs of appraisal Standing bodies.
4. Other council members must be
professionally knowledgeable about the environment or the field of the project and
have at least five (3) or three (2) years' experience, for those possessing a
master or doctor diploma, respectively.
Article 21.
Responsibilities of council members
1. To study strategic environmental
assessment reports or environmental impact assessment reports and related
dossiers and documents provided by appraisal standing bodies.
2. To attend meetings of
appraisal councils, conferences and seminars, participating in investigations
and surveys conducted in the process of appraisal of strategic environmental
assessment reports or environmental impact assessment reports as arranged by
appraisal standing bodies.
3. To make specialized reports
on evaluation and appraisal of contents of strategic environmental assessment
reports or environmental impact assessment reports as assigned by appraisal
standing bodies.
4. To make their written
comments on strategic environmental assessment reports or environmental impact
assessment reports according to the form provided in Appendix 3.2 to this
Circular, then send them to appraisal standing bodies at least one (1) working
day before official meetings of appraisal councils: and to present these
comments at official meetings of appraisal councils.
5. To fill in cards of appraisal
of strategic environmental assessment reports or environmental impact
assessment reports according to the form provided in Appendix 3.3 to this
Circular.
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7. To manage documents provided
to them under law and return these documents at the request of appraisal
standing bodies after accomplishing their tasks.
8. To lake responsibility before
agencies organizing the appraisal and law for their comments and evaluations on
strategic environmental assessment reports or environmental impact assessment
reports and jobs assigned to them in the process of appraisal.
Article 22.
Powers of council members
1. To request appraisal standing
bodies to provide sufficient documents relevant to dossiers of request for
appraisal for study and evaluation.
2. To propose appraisal standing
bodies to organize meetings, seminars and other activities to directly serve
the appraisal work.
3. To attend meetings of
appraisal councils: and meetings and seminars and other activities directly
serving appraisal work as arranged by appraisal standing bodies.
4. To talk directly to project
owners and consultants for elaboration of strategic environmental assessment
reports or environmental impact assessment reports at meetings of appraisal
councils: to reserve their opinions which are different from those of appraisal
councils.
5. To enjoy remunerations
according to current financial regulations for performing their tasks; to make
written comments on strategic environmental assessment reports or environmental
impact assessment reports: to attend meetings of appraisal councils,
conferences and seminars and other activities assigned to them in the process
of appraisal: to have travel, accommodations and other expenses for their
participation in activities of appraisal councils paid under law.
Article 23.
Responsibilities and powers of council chairpersons
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1. To chair meetings of
appraisal councils.
2. To handle opinions raised at
meetings of appraisal councils and make conclusions at these meetings.
3. To sign minutes of meetings
of appraisal councils and take responsibility before agencies organizing the
appraisal and law for conclusions made at these meetings.
Article 24.
Responsibilities and powers of council vice chairpersons
In addition to the
responsibilities and powers of council members specified in Articles 21 and 22 of
this Circular, council vice chairpersons also have the responsibilities and
powers like council chairpersons when the latter are absent.
Article 25.
Responsibilities and powers of criticism members
In addition to the responsibilities
and powers of council members specified in Clauses 1, 2, 3, 5, 6, 7 and 8.
Article 21. and Article 22 of this Circular, criticism members also have to
make written comments on contents of strategic environmental assessment reports
or environmental impact assessment reports according to the form provided in
Appendices 3.4 and 3.5 to this Circular.
Article 26.
Responsibilities and powers of council secretaries
In addition to the
responsibilities and powers of council members specified in Articles 21 and 22
of this Circular, council secretaries also have the following responsibilities
and powers:
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2. To report to council
chairpersons on major problems of dossiers after studying by themselves and
summarizing opinions of council members on these dossiers; to report to council
chairpersons and appraisal standing bodies on activities specified in Clause 4,
Article No. 18 of Decree No. 29/2011/ND-CP, if any.
3. To inform appraisal councils
of comments of appraisal council members who do not attend official meetings of
appraisal councils and written comments sent by provincial-level Natural
Resources and Environment Departments to appraisal standing bodies, if any.
4. To make and sign minutes of
meetings of appraisal councils: and take responsibility for the adequacy and
truthfulness of these minutes.
5. To make dossiers and documents
for settlement of expenses for activities of appraisal councils.
6. To perform other tasks to
serve activities of appraisal councils at the request of appraisal standing
bodies.
Article 27.
Responsibilities and powers of council members being representatives of
provincial-level Natural Resources and Environment Departments joining
appraisal councils set up by ministries, ministerial-level agencies or
government-attached agencies
In addition to the
responsibilities and powers of council members holding different titles
specified in this Circular, council members being representatives of
provincial-level Natural Resources and Environment Departments joining
appraisal councils set up by ministries, ministerial-level agencies or
government-attached agencies also have the following responsibilities and
powers:
1. To collect and provide to
appraisal councils information and documents relevant to strategies, master
plans, plans and projects; and take responsibility for information and
documents provided to appraisal councils.
2. To authorize in writing their
colleagues to participate in activities of appraisal councils with
responsibilities and powers of council members in case they cannot do so.
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1. To examine the validity of
dossiers of request for appraisal of strategic environmental assessment reports
or environmental impact assessment reports to serve as a basis for conducting
the appraisal. For invalid dossiers, to issue documents on the return of
dossiers within seven (7) working days, for strategic environmental assessment
reports, and five (5) working days, for environmental impact assessment
reports, after receiving them from project owners.
2. To draft decisions to set up
appraisal councils with their composition and structure specified in Article 18
of this Circular, according to the form provided in Appendix 3.1 to this
Circular, then submit them to competent authorities for consideration and
issuance.
3. To request project owners to
provide or additionally provide relevant documents in case of necessity and
send them to appraisal council members within five (5) working days after the
issuance of decisions to set up appraisal councils.
4. To collect opinions of
provincial-level Natural Resources and Environment Departments which have no
representatives to join appraisal councils set up by ministries,
ministerial-level agencies or government-attached agencies under Article 29 of
this Circular.
5. To collect and provide
information relevant to strategies, master plans, plans or projects to
appraisal councils.
6. To hold meetings of appraisal
councils and activities specified in Clause 7, Article 7, and Clause 4. Article
18 of Decree No. 29/2011/ND-CP.
7. To notify in writing project
owners of appraisal results and requirements on completion of appraisal
dossiers within five (5) working days after the last official meeting of
appraisal councils. Such a notice must indicate one (1) of the following
appraisal results: adoption without requiring modification or supplementation:
adoption on the condition of modification or supplementation; rejection.
8. To review contents of
strategic environmental assessment reports or environmental impact assessment
reports resent by project owners after making modification or supplementation.
In case of necessity, to request in writing a number of council members to
further make their comments on modified or supplemented strategic environmental
assessment reports or environmental impact assessment reports.
9. To draft written reports on
results of appraisal of strategic environmental assessment reports of
strategies, master plans or plans, according to the form provided in Appendix
1.9 to this Circular, for cases of appraisal of strategic environmental assessment
reports: to draft decisions approving environmental impact assessment reports
of projects, according to the form provided in Appendix 2.6 to this Circular,
for cases of appraisal of environmental impact assessment reports, then submit
them to competent authorities for consideration and decision.
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Article 29.
Collection of opinions of provincial-level Natural Resources and Environment
Departments which have no representatives to join appraisal councils set up by
ministries, ministerial-level agencies or government-attached agencies
1. Appraisal standing bodies
shall send strategic environmental assessment reports to provincial-level
Natural Resources and Environment Departments of localities directly related to
environmental issues of strategies, master plans or plans and having no
representatives to join appraisal councils, and send environmental impact
assessment reports to provincial-level Natural Resources and Environment
Departments of localities in which projects are implemented and having no
representatives to join appraisal councils, for their opinions.
2. Provincial-level Natural
Resources and Environment Departments shall send their written opinions to
appraisal standing bodies within five (5) working days after receiving the
latter's written requests.
3. Opinions of provincial-level
Natural Resources and Environment Departments shall be considered and discussed
at meetings of appraisal councils.
Article 30.
Conditions for holding official meetings of appraisal councils
An official meeting of an
appraisal council may be held only when the following conditions are fully
satisfied:
1. It is attended (personal
presence at the meeting or participation in an online meeting) by at least
two-thirds of the total number of council members according to the setting up
decision, of whom the council chairperson or a vice chairperson, in case the
chairperson is absent (below collectively referred to as the meeting
chairperson), at least one (1) criticism member and the council secretary must
be present.
2. It is attended by a competent
representative of the project owner or the person authorized by a competent
person of the project owner.
3. The project owner has paid
the charge for appraisal of the environmental impact assessment report under
law.
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1. Participants in meetings of
appraisal councils shall be decided and invited by appraisal standing bodies.
2. Participants in meetings of
appraisal councils may present their opinions at these meetings, follow the
instructions of meeting chairpersons and enjoy remunerations as provided by
law.
Article 32.
Contents and proceedings of an official meeting of an appraisal council
1. The secretary shall read the
decision to set up the appraisal council, introduce meeting participants,
briefly report on the processing of the appraisal dossier and provide
information on activities already conducted by the appraisal council and the
appraisal standing body.
2. The meeting chairperson shall
conduct the meeting with the powers specified in Article 23 of this Circular.
3. The project owner (or the
consultancy unit authorized by the project owner) shall briefly present the strategic
environmental assessment report or the environmental impact assessment report.
4. The project owner and
appraisal council members shall exchange opinions and discuss unclear issues
(if any) of the dossier.
5. Criticism members and other
members of the appraisal council shall present their written comments.
6. The secretary shall read
written comments of absent appraisal council members and opinions of the
provincial-level Natural Resources and Environment having no representative to
join the appraisal council.
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8. The appraisal council may
hold a separate meeting (as decided by the meeting chairperson to reach
unanimity on its conclusions in case its members have contradictory opinions.
9. The meeting chairperson shall
disclose conclusions of the appraisal council.
10. Appraisal council members
shall raise their opinions which are different from the conclusions disclosed
by the meeting chairperson, if any.
11. The project owner shall
present its/his/ her opinions, if any.
12. The meeting chairperson
shall announce the wrap-up of the meeting.
Article 33.
Contents of conclusions of appraisal councils
1. Conclusions of an appraisal
council must clearly show the following:
a/ The dossier contents'
satisfaction of requirements:
b/ Problems of the dossier:
requirements and recommendations related to the completion of the dossier (if
any) based on opinions of members of the appraisal council:
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2. The principle of making appraisal
results:
a/ Adoption without requiring
modification or supplementation: When all appraisal council members attending
in the meeting and having appraisal cards (or written comments in case no
meeting of the appraisal council to appraise the brief strategic environmental
assessment reports) unanimously adopt the report without requiring modification
or supplementation;
b/ Adoption on the condition of
modification or supplementation: When at least two-thirds (2/3) of the total
number of attending council members having appraisal cards (or written comments
in case no meeting of the appraisal council to appraise the brief strategic
environmental assessment reports) agree to adopt the report or adopt the report
on the condition that modification or supplementation must be made:
c/ Rejection: When over
one-third (1/3) of the total number of council members having appraisal cards
(or written comments in case no meeting of the appraisal council to appraise
the brief strategic environmental assessment reports) reject the report.
Article 34.
Form and contents of minutes of official meetings of appraisal councils
1. Minutes of official meetings
of appraisal councils shall be made according to the form provided in Appendix
3.6 to this Circular. Opinions of project owners, council members and meeting
participants must be fully and truthfully recorded in meeting minutes.
2. Minutes of official meetings
of appraisal councils must be signed by meeting chairpersons and secretaries on
the left bottom comer of each page and bear on the last page the signatures and
full names and titles of these persons in the council.
Chapter 5
APPLICATION AND
INSPECTION AND CERTIFICATION OF APPLICATION OF ENVIRONMENTAL PROTECTION WORKS
AND MEASURES BEFORE PROJECTS ARE PUT INTO OFFICIAL OPERATION
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1. Before putting their projects
into official operation, project owners shall:
a/ Fully discharge the
responsibilities specified in Article 23 of Decree No. 29/2011/ ND-CP and apply
environmental protection works and measures to serve the operations of their
projects as specified in Article 26 of Decree No. 29/2011/ND-CP:
b/ Operate on a trial basis waste
treatment works to serve the operations of their projects:
c/ Make dossiers of request for
inspection and certification of application of environmental protection works
and measures to serve the operations of their projects, then send them to
competent agencies specified in Clause 1. Article 39 of this Circular.
2. For projects without
environmental protection works to serve their operations, project owners are
not required to make dossiers of request for inspection and certification of
application of environmental protection works and measures.
3. For projects on treatment of
hazardous wastes:
a/ For projects on treatment of
hazardous wastes without investments in production, business or service work
items other than those for transportation, treatment, recycling or disposal of
hazardous wastes and falling under the competence of the Natural Resources and
Environment Ministry to grant hazardous waste management practice licenses,
project owners are not required to discharge the responsibilities specified at
Point c. Clause 1 of this Article but shall fully discharge the
responsibilities specified in the Natural Resources and Environment Ministry's
Circular No. 12/2011/TT-BTNMT of April 14, 2011, on the management of hazardous
wastes;
b/ For projects on treatment of
hazardous wastes other than those specified at Point a of this Clause, project
owners shall apply environmental protection works and measures to serve their
project operations under this Circular in order to obtain competent agencies'
certifications before applying for hazardous waste management practice
licenses.
Article 36.
Application and inspection and supervision of application of environmental
protection works and measures at the stage of investment preparation and the
stage of construction of projects
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2. Agencies approving
environmental impact assessment reports of projects shall inspect and supervise
the application of environmental protection works and measures at the stage of
investment preparation and the stage of construction of projects in case of
necessity.
3. Inspection of the application
of environmental protection works and measures at the stage of investment
preparation and the stage of construction of projects shall be conducted by
inspection teams set up by the agencies specified in Clause 1. Article 39 of
this Circular with the composition and structure specified in Article 40 of
this Circular. Inspection contents and responsibilities of inspection teams
shall be decided by agencies setting up these teams.
4. Agencies setting up
inspection teams may hire independent consultancy units to supervise the application
of environmental protection works and measures at the stage of investment
preparation and the stage of construction of projects.
5. Agencies organizing the
inspection shall notify in writing project owners of results of inspection of
the application of environmental protection works and measures at the stage of
investment preparation and the stage of construction of projects within fifteen
(15) working days after the inspection is completed.
Article 37.
Trial operation of waste treatment works
1. The trial operation of waste
treatment works shall be conducted simultaneously with the trial operation of
projects.
2. Before conducting the trial
operation of waste treatment works, project owners shall notify in writing
trial operation plans to agencies approving environmental impact assessment
reports of projects, according to the form provided in Appendix 4.1 to this
Circular.
3. The trial operation of waste
treatment works may last for not more than six (6) months after its
commencement.
4. In the course of trial
operation of waste treatment works, project owners shall sample, measure and
analyze by themselves the composition and particular characteristics of wastes
before and after the treatment or hire qualified legal-person units to do so.
The number of times of sampling and analysis of the composition of wastes in
the course of trial operation of waste treatment works of projects must be at
least three (3) at different points of time. Points of time of sampling depend
on the characteristics of each work item of a specific project in order to
assure that waste samples are typical for different stages of project
operation.
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6. In the course of trial
operation of waste treatment works, if detecting that wastes discharged into
the environment fail to meet current standards and regulations, project owners
shall immediately stop the trial operation and apply measures to prevent the
spreading of wastes into the environment and urgently notify such to the
provincial-level Natural Resources and Environment Departments and related
agencies of localities in which projects are implemented for direction and
coordinated handling. In case an environmental incident occurs or wastes
discharged into the environment fail to meet standards and regulations, causing
damage to organizations and individuals, project owners shall pay compensations
under law.
Article 38.
Dossiers of request for inspection and certification of the application of
environmental protection works and measures for project operation
1. A dossier of request for
inspection and certification of the application of environmental protection
works and measures for project operation comprises:
a/ One (1) written request for
inspection and certification of the application of environmental protection
works and measures for project operations made according to the form provided
in Appendix 4.2 to this Circular:
b/ One (1) copy of the approving
decision, enclosed with copies of the approved environmental impact assessment
report:
c/ Five (5) copies of the report
on results of the application of environmental protection works and measures
for project operation, made according to the form provided in Appendix 4.3 to
this Circular. For a project located in two (2) or more provinces or centrally
run cities, the project owner shall send an additional number of copies of the
report equal to the additional number of provinces or centrally run cities to
serve inspection work;
d/ Annexes in a number of copies
equal to that of copies of the report on results of the application of
environmental protection works and measures specified at Point c of this
Clause. Documents included in the annexes are specified in Clause 4. Article 25
of Decree No. 29/2011 /ND-CP
2. For projects with phased
investment or involving many independent items, project owners may make
dossiers of request for inspection and certification of the application of
environmental protection works and measures for each phase of investment or
each independent project item.
Article 39.
Inspection and certification of the application of environmental protection
works and measures for project operation
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2. Inspection and certification
agencies shall inspect and certify the application of environmental protection
works and measures for project operation after receiving complete and valid
dossiers specified in Article 38 of this Circular.
3. For projects specified in
Clause 2. Article 38 of this Circular, inspection and certification agencies
shall organize inspection and certification for each phase or independent item.
4. The procedures and time limit
for and method of inspection and certification of the application of
environmental protection works and measures for project operation are specified
in Articles 27 and 28 of Decree No. 29/2011/ND-CP.
5. Inspection of the application
of environmental protection works and measures for project operation shall be
conducted by inspection teams set up by inspection and certification agencies
with the composition and structure specified in Article 40 of this Circular.
6. Inspection of the settlement
of problems in environmental protection works and measures by project owners
specified in Clause 4. Article 27 of Decree No. 29/2011/ND-CP complies with
Article 44 of this Circular.
7. Certification of the
application of environmental protection works and measures for project
operation shall be made according to the form provided in Appendix 4.4 to this
Circular.
Article 40.
Setting up of teams for inspection of the application of environmental
protection works and measures for project operation
1. Heads of inspection and
certification agencies shall issue decisions to set up inspection teams
according to the form provided in Appendix 4.5 to this Circular.
2. An inspection team is
composed of officers of the inspection and certification agency, environmental
experts and experts in fields related to the project, including one (1) head
being an officer of the inspection and certification agency and possibly one
(1) deputy head in case of necessity; one (1) secretary and team members.
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4. For environmental impact
assessment reports approved by provincial-level People's Committees, in
addition to the persons specified in Clause 2 of this Article, an inspection
team may also include a representative of the district-level specialized agency
in charge of environmental protection of the locality in which the project is implemented.
Article 41.
Working principles of inspection teams
1. Inspection teams shall work
on the principle of public discussion among their embers and between their
members and representatives of project owners at meetings and in the course of
physical inspection of applied environmental protection works and measures.
2. An inspection team shall
conduct physical inspection of environmental protection works and measures of a
project when the following conditions are fully met:
a/ At least two-thirds (2/3) of
its total members according to the setting up decision of the inspection and
certification agency, including its head (or its deputy head in case the head
is absent) and secretary, are present:
b/ The project owner's competent
representative is present.
Article 42.
Responsibilities and powers of inspection team members
1. General responsibilities and
powers of inspection team members:
a/ To study dossiers of request
for inspection and certification of the application of environmental protection
works and measures:
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c/ To attend meetings and
participate in the inspection of the actual application of environmental
protection works and measures conducted by inspection and certification
agencies;
d/ To talk to project owners
about environmental protection works and measures applied by project owners in
the course of physical inspection;
e/ To make written comments on
and evaluations of the application of environmental protection works and
measures according to the form provided in Appendix 4.6 to this Circular. then
send them to team secretaries for summarization; to take responsibility before
agencies setting up inspection teams and before law for their comments and
evaluations:
f/ To manage documents provided
to them under law and return them at the request of agencies conducting the
inspection and certification after accomplishing their tasks:
g/ To enjoy remunerations under
current law for performing their tasks; to conduct site inspection: to attend
meetings of inspection teams: to make written comments on and evaluations of
the application of environmental protection works and measures.
2. Responsibilities and powers
of inspection team secretaries:
In addition to the general
responsibilities and powers specified in Clause 1 of this Article. inspection
team secretaries also have the following responsibilities and powers:
a/ To contact project owners,
inspection team members and related organizations and individuals for preparing
working schedules of inspection teams;
b/ To summarize comments and
evaluations of inspection team members and report them to team heads:
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d/ To draft minutes of
inspection of the application of environmental protection works and measures in
service of project operation in an adequate and accurate manner under Article
43 of this Circular.
3. In addition to the general
responsibilities and powers of inspection team members specified in Clause 1 of
this Article, inspection team deputy heads also have the responsibilities and
powers of inspection team heads specified in Clause 4 of this Article in case
inspection team heads are absent.
4. Responsibilities and powers
of inspection team heads:
In addition lo the general
responsibilities and powers specified in Clause 1 of this Article, inspection
team heads also have the following responsibilities and powers:
a/ To take general
responsibility for activities of inspection teams;
b/ To assign tasks to inspection
team members:
c/ To chair and monitor meetings
of inspection teams:
d/ To assume the prime
responsibility for handling recommendations, if any, of inspection team
members, project owners and representatives of related agencies in the course
of physical inspection.
Article 43.
Contents and forms of presentation of inspection results
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2. Inspection minutes must
truthfully and objectively indicate the actual state of environmental
protection works and measures actually applied at the time of inspection.
3. Inspection minutes must be signed
by inspection team heads (of deputy heads in case inspection team heads are
absent), secretaries and competent representatives of project owners on each
page and bear the signatures, full names and titles of these persons on the
last page.
Article 44.
Inspection of the settlement of problems in environmental protection works and
measures by project owners
1. Inspection of the settlement
of problems in environmental protection works and measures by project owners
shall be conducted by inspection teams already set up or set up again by
inspection and certification agencies in case of necessity. In this case, the
inspection must fully meet the conditions specified at Point a. Clause 2.
Article 41 of this Circular.
2. Minutes of inspection of the
settlement of problems in environmental protection works and measures for
project operation by project owners shall be made according to the form
provided in Appendix 4.9 to this Circular.
3. For projects with their
environmental impact assessment reports approved by the Natural Resources and
Environment Ministry, after receiving reports of project owners on the
settlement of problems of the projects in dossiers and in reality, the
inspection and certification agency of the Natural Resources and Environment
Ministry shall consider and decide to inspect the settlement of problems in
environmental protection works and measures by project owners by either of the
following modes:
a/ Organizing the inspection
under Clauses 1 and 2 of this Article:
b/ Authorizing the provincial-level
Natural Resources and Environment Department of the locality in which the
project is implemented to conduct the inspection.
4. Provincial-level Natural
Resources and Environment Departments authorized under Point b. Clause 3 of
this Article shall:
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b/ Make inspection minutes
according to the form provided in Appendix 4.9 to this Circular:
c/ Send notices of inspection
results, made according to the form provided in Appendix 4.10 of this Circular
to authorizing agencies within five (5) working days after obtaining these
results.
Chapter 6
ENVIRONMENTAL PROTECTION
COMMITMENTS
Article 45.
Subjects obliged to make and register written environmental protection
commitments; contents of written environmental protection commitments
1. Owners of the following
projects, organizations and individuals propose the following production,
business or service activities (below collectively referred to as project
owners) shall make and register written environmental protection commitments:
a/ Projects of natures, sizes
and capacities not specified or below those listed in Appendix II to Decree No.
29/2011/ND-CP; proposals on production, business or service activities not
subject to formulation of investment projects but likely to generate wastes;
b/ Projects or proposals on
renovation, expansion, upgrading or raising of capacity of operating
production, business or service establishments of which written environmental
protection commitments have been registered and certified or registrations of
attainment of environmental standards have been certified or environmental
protection schemes have been approved or certified and for which environmental
impact assessment reports are not required, as specified at Point b. Clause I,
Article 10 of this Circular.
2. For projects or proposals on
production, business or service activities which have their written
environmental protection commitments already registered but have not yet been
put into operation, written environmental protection commitments shall be
re-made and re-registered in the following cases:
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b/ They are not implemented
within twenty four (24) months after their written environmental protection
commitments are registered;
c/ Their sizes or capacities are
increased or their technologies change, broadening the scope of impact or
increasing adverse impacts on the environment not caused by wastes or the total
volume of wastes or generating new kinds of waste or wastes with higher
contents of pollutants compared to forecasts in registered written
environmental protection commitments but not reaching a level subject to
elaboration of environmental impact assessment reports.
Article 46.
Dossiers of registration of written environmental protection commitments
1. A dossier of registration of
a written environmental protection commitment for a project subject to making
of written environmental protection commitments comprises:
a/ Three (3) copies of the
written environmental protection commitment, with the cover page and
supplementary cover page formats and its structure and content complying with
the forms provided in Appendices 5.1 and 5.2 to this Circular;
b/ One (1) investment project
(feasibility study report) bearing the signature (with full name and title) of
competent representative and the seal (if any) of the project owner.
2. A dossier of registration of
a written environmental protection commitment for a proposal on production,
business or service activities subject to making of written environ-mental
protection commitments comprises:
a/ Three (3) copies of the
written environmental protection commitment, with its structure and content
complying with the form provided in Appendix 5.3 to this Circular;
b/ One (1) written proposal on
production, business or senice activities certified by the signature of a
competent representative and the seal (if any) of the production, business or
service establishment.
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4. For subjects specified in
Clause 2. Article 45 of this Circular, in addition to documents specified in
Clause 1 or 2 of this Article, a dossier of registration of a written
environmental protection commitment must be enclosed with one (1) copy of the
document proving the registration of this written commitment of the project and
the previous proposal on production or business activities.
Article 47.
Organization of registration of written environmental protection commitments
1. The registration of written
environmental protection commitments complies with Articles 31, 32 and 33 of
Decree No. 29/2011/ND-CP.
2. Documents of authorization by
People's Committees of districts, towns or provincial cities (below
collectively referred to as district-level People's Committees) for People's
Committees of communes, wards or townships (below collectively referred to as
commune-level People's Committees) to organize the registration of written
environmental protection commitments shall be made according to the form
provided in Appendix 5.4 to this Circular.
3. Notices issued by project
owners and owners of production, business or service establishments on
non-acceptance of written environmental protection commitments shall be made
according to the form provided in Appendix 5.5 to this Circular.
Article 48.
Responsibilities of project owners and state agencies after written
environmental protection commitments are registered
1. Responsibilities of project owners
after their written environmental protection commitments are registered are
specified in Article 35 of Decree No. 29/2011/ND-CP and current regulations on
environmental protection in the course of project implementation or
organization of production or business activities.
2. For the cases specified in
Clause 2, Article 45 of this Circular, project owners may organize the
implementation of changed contents only after their written environmental
protection commitments are registered.
3. After accepting for
registration written environmental protection commitments, authorized
district-level or commune-level People's Committees shall:
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b/ Send written environmental
protection commitments to related agencies defined in Article 34 of Decree No.
29/2011/ND-CP:
c/ Discharge responsibilities
specified in Article 36 of Decree No. 29/2011/ND-CP.
Chapter 7
ORGANIZATION OP
IMPLEMENTATION AND IMPLEMENTATION PROVISIONS
Article 49.
Organization of implementation
1. Ministries, ministerial-level
agencies. government-attached agencies, provincial-level and district-level
People's Committees shall make reports on appraisal of strategic environmental
assessment reports; appraisal and approval of environmental impact assessment
reports, and registration of written environmental protection commitments under
Article 38 of Decree No. 29/2011/ND-CP, and according to the forms provided in
Appendices 6.1. 6.2. 6.3 and 6.4 of this Circular.
2. The Natural Resources and
Environment Ministry shall assign the Vietnam Environment Administration to
designate the Department for Environmental Impact Appraisal and Assessment to
receive dossiers and act as the standing body for appraisal of strategic
environmental assessment reports and environmental impact assessment reports
falling under its appraisal competence: inspect the application of
environmental protection works and measures at the stages of investment preparation
and construction; receive dossiers and inspect the application of environmental
protection works and measures for the operations of projects which have their
environmental impact assessment reports approved by the Natural Resources and
Environment Minister.
3. State management agencies in
charge of environmental protection at all levels shall increase investment in
the system of information and data on activities related to strategic
environmental assessment reports, environmental impact assessment reports and
written environmental protection commitments.
Article 50.
Implementation provisions
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2. This Circular takes effect on
September 2, 2011.
The Natural Resources and
Environment Ministry's Circular No. 05/2008/TT-BTNMT of December 8. 2008,
guiding strategic environmental assessment reports, environmental impact
assessment reports and written environmental protection commitments, and
Circular No. 13/2009/TT-BTNMT of August 18. 2009. providing the organization
and operation of councils for appraisal of strategic environmental assessment
reports and councils for appraisal of environmental impact assessment reports
cease to be effective on the effective date of this Circular.
3. Any difficulties or problems
arising in the course of implementation of this Circular should be promptly
reported to the Natural Resources and Environment Ministry for guidance, study
and appropriate amendments or supplements.
All appendices to this Circular
are not printed herein. -
MINISTER
OF NATURAL RESOURCES AND ENVIRONMENT
Pham Khoi Nguyen