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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 05/2025/ND-CP
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Hanoi, January 06, 2025
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DECREE
AMENDMENTS TO CERTAIN ARTICLES OF
THE GOVERNMENT’S DECREE NO. 08/2022/ND-CP DATED JANUARY 10, 2022 ON ELABORATION
OF SEVERAL ARTICLES OF THE LAW ON ENVIRONMENTAL PROTECTION
Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law dated November 22, 2019on amendments to some Articles of the Law on
Government Organization and Law on Local Government Organization Government
Organization;
Pursuant
to the Law on State Budget dated June 25, 2015;
Pursuant
to the Law on Public Investment dated November 29, 2024;
Pursuant
to the Law on Investment dated June 17, 2020;
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Pursuant
to the Law on Environmental Protection dated November 17, 2020;
Pursuant
to the Law on Inspection dated November 14, 2022;
Pursuant
to the Law on Civil Defense dated June 20, 2023;
Pursuant
to the Law on Prices dated June 19, 2023;
At the
request of the Minister of Natural Resources and Environment;
The
Government hereby promulgates a Decree on amendments to certain Articles of the
Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of
several Articles of the Law on Environmental Protection.
Article 1. Amendments to certain Articles of the
Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of
several Articles of the Law on Environmental Protection:
1.
Article 3 is amended as follows:
a) Clause
4 is amended as follows:
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b)
Clauses 23 through 32 are added after clause 22 as follows:
“23 .
“wastewater to be treated” means wastewater which, if not treated, fails to
meet environmental technical regulations, technical regulations, technical
guidance and regulations for reuse. It is reused only when satisfying
environmental protection requirements or regulations laid down by investors in
construction and commercial operation of infrastructure of dedicated areas for
production, business operation and service provision, industrial clusters,
centralized wastewater treatment systems of urban areas and high density
residential areas.
24.
“source of wastewater” means any system, work, machinery, equipment, stage or
activity that generates wastewater. Sources of wastewater may include multiple
systems, works, pieces of machinery or equipment, stages or activities that
generate wastewater of the same nature and in the same area.
25.
“wastewater effluent” means wastewater after being treated or wastewater that
must be controlled before being discharged into a wastewater receiving body at
a specified discharge location.
26.
“wastewater receiving body” (also known as “receiving water body”) means any
natural or artificial accumulation of water whose uses prescribed by a competent
authority. Natural accumulations of water consist of rivers, streams, canals,
ditches, lakes, ponds, lagoons and any other accumulation of naturally
occurring water. Artificial accumulations of water encompass hydroelectric
reservoirs, irrigation reservoirs, rivers, canals, ditches, lakes, ponds,
lagoons and any other accumulation of water created by human beings.
Where
uses of a source of water at a wastewater discharge location have not been
determined by a competent authority, the wastewater receiving source shall be
the nearest connected source of water whose uses have been determined.
27. “dust
or emission to be treated” means any dust or emission which, if not treated,
fails to meet environmental technical regulations.
28. “dust
or emission source” (hereinafter referred to as “emission source”) means any
system, work, machinery, equipment, stage or activity that generates dusts or
emissions at a specified location. Where multiple systems, works and pieces of
machinery and equipment in the same area generate dusts or emissions of the
same nature and are collected and treated using the same emission treatment
system, it shall be treated as an emission source.
29.
“emission stream” means any emission which, after being treated, is discharged
into the air through chimneys or pipes.
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31.
“project using land or land with water surface” means a project to which land
is allocated or leased out in accordance with law on land or a project which is
executed on land or land with water surface in accordance with relevant laws.
32.
“environmental impact assessment report” (EIAR) for which the appraisal result
has been approved means:
a) An
EIAR to which the decision on approval of appraisal result has been issued by a
competent authority, except for the case specified in point b of this clause;
b) An
EIAR which has been revised according to the details of and requirements for
environmental protection stated in the decision on approval of EIAR appraisal
result as prescribed in clause 1 Article 37 of the Law on Environmental
Protection (LEP).”.
2. Point
c clause 6 of Article 4 is amended as follows:
“c) Mechanisms and policies for implementing the
roadmaps specified in clause 5 of this Article;”.
3. The
introductory paragraph of clause 3 of Article 15 is amended as follows:
“3.
According to the result of preliminary investigation and assessment, the
provincial People’s Committee, Ministry of National Defense and Ministry of
Public Security shall:”.
4. Points
a and b clause 6 of Article 21 are amended as follows:
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For the
natural heritage sites specified in point a clause 1 Article 20 of the LEP for
which the management regulations, plan and scheme have been available before
the effective date of this Decree, the authority having the power to approve
such regulations, plan and scheme shall direct the adjustment in order to
incorporate and update the contents prescribed in this Decree into the
regulations, plan and scheme in accordance with regulations of law on
biodiversity, forestry, fisheries and cultural heritage within 06 months from the
effective date of this Decree.
The
adjustment made to integrate and update the contents of management and
environmental protection of natural heritage into the regulations, plan and
scheme for management of wildlife sanctuaries and scenic landscapes shall
comply with regulations on construction, appraisal and approval of the law on
biodiversity, forestry, fisheries and cultural heritage;
b) The
management board or organization assigned to manage natural heritage sites
shall form and mobilize forces and resources for management and environmental
protection of natural heritage sites in accordance with regulations of law and
approved regulations and plan; provide sources from state budget for management
and environmental protection of natural heritage sites; organize supervision
and promptly prevent infringement of natural heritage sites; sell tickets and
collect entrance fees and service charges; manage and use revenues as
prescribed by law; disseminate information, raise awareness and encourage
participation of communities in the protection and management of natural
heritage sites; participate in the management, connection and supervision of
investment, environmental protection, nature and biodiversity conservation in
natural heritage areas; perform other tasks assigned by competent authorities.
For world
biosphere reserves and global geoparks located in a large area with production
areas and residential areas, the provincial People's Committee shall establish
an cross-sectoral management board and provide resources for management,
environmental protection, nature and biodiversity conservation as prescribed in
this Decree and relevant regulations of law;”.
5. Point
a clause 4 of Article 23 is amended as follows:
“a)
Environmental technical regulations on emissions shall provide for permissible
limits of pollutants in conformity protection requirements required by
environmental zoning for strict protection zones and low-emission zones;
environmental technical regulations on wastewater shall provide for permissible
limits of pollutants suitable for the purposes of managing and improving
quality of water of receiving water bodies, except for domestic water safeguard
zones managed in accordance with regulations of law on water resources;”.
6. Clause
4 of Article 25 is amended as follows:
“4.
Determination of whether a project has environmentally sensitive factors
specified in point c clause 1 Article 28 of the LEP is prescribed as follows:
a) The
project which is involved in a type of production, business or services that is
likely to cause environmental pollution specified in the Appendix II enclosed
herewith is located in a ward of special grade, grade I, grade II, grade III or
grade IV in accordance with regulations of law on urban area classification,
except the project that connects wastewater to the centralized wastewater
treatment system of a dedicated area for production, business operation and
service provision or industrial cluster as prescribed without discharging dusts
or emissions to be treated into the environment;
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c) The
project uses land or land with water surface of any wildlife sanctuary as
prescribed by regulations of law on biodiversity, forestry and fisheries,
special-use forest, protection forest or land covered by natural forest as
prescribed by regulations of law on forestry, protected area of aquatic
resources as prescribed by regulations of law on fisheries, significant
wetland, biosphere reserve or world natural heritage site and falls into one of
the cases specified in points a, b, c and d column (3).7a in the Appendix III
to this Decree (except for work construction investment projects approved by
competent authorities having only one or more objectives: Serving management
and protection of forests; nature and biodiversity conservation; forest fire
prevention and fighting; silviculture);
d) The
project uses land or land with water surface of a world heritage site,
historical and cultural site/monument or scenic landscape area ranked as a
national or special national site/monument or scenic landscape area as
prescribed by regulations of law on cultural heritage (except for the following
work construction investment projects approved by competent authorities:
projects which have only one or more objectives: preservation, renovation,
restoration and conservation of historical and cultural sites/monuments and
scenic landscapes; projects aimed at serving the environmental hygiene and
management, protection of historical and cultural sites/monuments and scenic
landscapes; maintenance and repair projects intended for ensuring traffic safety);
dd) The
project requests repurposing of land meant for growing wet rice during 02 or
more cropping seasons with regard to the area of land to be repurposed as
specified in column (3).7c in the Appendix III to this Decree; the project
requests repurposing of land or land with water surface of a wildlife
sanctuary, world natural heritage site, biosphere reserve, significant wetland,
special-use forest, protection forest or land covered by natural forest and
falls into one of the cases specified in points a, b, c and d column (3).7b in
the Appendix III to this Decree (except for work construction investment
projects approved by competent authorities having only one or more objectives:
Serving management and protection of forests; nature and biodiversity conservation;
forest fire prevention and fighting; silviculture);
e) The
project requests relocation and resettlement within the power prescribed by
regulations of law on public investment and investment and law on
construction.”.
7. Clause
26a is added before Article 26 as follows:
“Article
26a. Decentralizing the authority to appraise EIARs and applications for
issuance of environmental licenses under authority of MONRE to provincial
People's Committees
1.
Decentralize to provincial People’s Committees the authority to appraise EIARs
and applications for issuance of environmental licenses (if required to obtain
environmental licenses) with regard to the following investment projects under the
MONRE’s EIAR appraisal authority (except a project that falls into one of the
cases: it is located in at least 02 provincial-level administrative divisions;
it is located within the territorial waters to which responsibility of the
provincial People’s Committee for administrative management are yet to be
assigned; the wastewater receiving body is the inter-provincial surface water
source announced by MONRE in accordance with regulations of law on water
resources):
a) Public
investment projects not under the authority of the National Assembly and the
Prime Minister to decide and approve investment policies, except for
projects providing waste recycling and treatment services;
b) Animal
husbandry projects;
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d)
Projects classified according to the criterion “requesting repurposing of land
meant for growing wet rice during 02 or more cropping seasons” only;
dd)
Projects classified according to the criterion “requesting repurposing of land
or land with water surface of a wildlife sanctuary, natural heritage site,
biosphere reserve, significant wetland, special-use forest, protection forest
or land covered by natural forest and not subject to the authority of the
National Assembly and Prime Minister to decide and approve investment policies;
e)
Investment projects in dedicated areas for production, business operation and
service provision and industrial clusters, excluding projects providing
hazardous waste treatment services; projects involving the import of scrap from
foreign countries as raw materials for production; other large capacity
projects involved in any type of production, business or service likely to
cause environmental pollution as prescribed in column (3) in the Appendix II to
this Decree; expansion investment projects of operating facilities exempted
from connection according to regulations of law with a flow of wastewater
subject to periodic monitoring or a longer monitoring interval;
g)
Hydropower projects not under the authority of the National Assembly and the
Prime Minister to decide and approve investment policies.
2. The
time limit and fees for appraisal of EIARs and applications for issuance for
environmental licenses in the cases specified in clause 1 of this Article are
the same as those for projects and businesses under the authority of provincial
People's Committees.
3. Each
provincial People’s Committee shall:
a)
Review, prepare and perfect the conditions concerning finance, human resources
and other necessary conditions to facilitate the performance of assigned tasks
and exercise of decentralized authority. The handling of administrative
procedures in the cases of decentralization must be carried out in a public and
transparent manner and in a way that facilitates the implementation by
organizations and individuals.
b) Be
responsible to MONRE for results of appraisal of EIARs and applications for
issuance of environmental licenses with regard to investment projects and
facilities to which authority is decentralized;
c)
Organize examination and inspection of compliance with the law on environmental
protection by projects to which the authority to appraise results of appraisal
of EIARs and applications for issuance of environmental licenses is
decentralized as directed by MONRE, except for surprise examination and
inspection in accordance with regulations of law on environmental protection;
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dd)
Direct the construction, operation, updating, and integration of the database
of environmental impact assessment and environmental licenses of entities to
which authority is decentralized into the provincial environmental database,
ensuring the connection with the national environmental database.
4. MONRE
shall:
a)
Provide guidance on, examine and inspect the performance of tasks assigned and
exercise of authority decentralized to provincial People's Committees;
b) Direct
provincial People’s Committees to organize examination and inspection of
compliance with the law on environmental protection by projects and facilities
to which the authority is decentralized;
c)
Consolidate the results, difficulties and problems (if any) of provincial
People's Committees in the process of performing assigned tasks for handling
under its authority or submitting them to competent authorities for handling.”.
8.
Article 26 is amended as follows:
“Article
26. Consultation during environmental impact assessment (EIA)
1.
Consultees include:
a)
Residential communities and individuals under direct impact of the investment
project, consisting of communities of people including individuals permanently
residing in accordance with the law on residence in villages, hamlets,
population groups in areas where investment projects are executed; owners of
businesses, heads of households conducting production and business activities
on land, water surface and land with water surface and in sea areas where
investment projects are executed.
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b)
Agencies and organizations directly related to investment projects, including
communal People’s Committees, Vietnamese Fatherland Front Committee of communes
where the projects are executed and areas directly impacted by the projects
which are determined throughout the EIA; management boards of economic zones,
industrial parks, export-processing zones or hi-tech zones of
central-affiliated cities and provinces, investors in construction and
commercial operation of infrastructure of dedicated areas for production,
business operation and service provision and industrial clusters that contain
the projects; regulatory bodies managing hydraulic structures with respect to
projects discharging wastewater to hydraulic structure or appropriating
hydraulic structures; regulatory bodies assigned to manage areas with
environmentally sensitive factors (if any) specified in points b, c, d and dd
clause 4 Article 25 of this Decree; Ministry of National Defense, Ministry of
Public Security or provincial Military Command, provincial Police with respect
to national security and defense-related projects (if any); other organizations
and individuals under direct impact that are determined throughout the EIA.
Consultation
with agencies and organizations directly related to investment projects shall
be held in writing.
2.
Consultation contents:
Consultation
contents during EIA are provided in form in the Appendix VIa to this Decree.
Other
consultation contents specified in point dd clause 3 Article 33 of the LEP
include plans for environmental improvement and remediation for mineral mining
projects or waste burial projects; biodiversity offsets schemes for
projects having biodiversity offsets schemes as prescribed by law.
3.
Consultation methods:
a)
Holding a consultation by publishing its contents on website:
Before
submitting an EIAR to a competent authority for appraisal, the project owner
shall send the EIAR of the project and consultation contents according to the
form in the Appendix Via to this Decree to the website manager of the authority
appraising the EIAR to consult the consultees specified in clause 1 of this
Article, except for information classified as state secrets and secrets of
enterprises as prescribed by law. Within 01 day from the date of receiving the
project owner’s request for publishing consultation contents, the appraising
authority’s website manager shall publish contents of the consultation. The
consultation shall be conducted within 15 days regarding a group I investment
project specified in the Appendix III, 10 days regarding a group II investment
project specified in the Appendix IV to this Decree and 05 days regarding a
project located in the dedicated area for production, business operation and
service provision. Within 03 days from the expiry of the time limit for
consultation, the website manager shall send consultation results to the
project owner;
b)
Holding a consultation by organizing a meeting to solicit opinions:
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The
investment project owner shall present consultation contents at the
consultation meeting. Opinions of the attendees, feedback and commitment of the
project owner must be sufficiently and truthfully shown in the minutes of
consultation meeting according to the form prescribed by MONRE;
c)
Holding a written consultation:
The
investment project owner shall preside over and cooperate with the People’s
Committee of the commune where the project is executed in sending enquiry forms
according to the form in the Appendix V1b to this Decree to the consultees
specified in point a clause 1 of this Article that fail to attend the meeting
meant for soliciting opinions.
The
investment project owner shall send the EIAR of the project to the consultees
as specified in point b clause 1 of this Article enclosed with the consultation
document prepared using the form in the Appendix VI and consultation contents
according to the form in the Appendix VIa to this Decree.
The
consultees shall give their written response according to the form in the
Appendix VII to this Decree within 15 days from the date of receiving the
consultation document. In case no response is given within the prescribed time
limit, it is considered that such consultees agree to the consultation
contents.
d) The
communal People’s Committee shall cooperate with the project owner in holding a
consultation about EIAR contents as specified in points b and c of this clause;
display information on the number of enquiry forms sent and the number of
enquiry forms received in the written opinions as prescribed in point c of this
clause; decide to combine the consultation on the EIARs as prescribed by the
law on environmental protection with the collection of residential communities’
opinions on the project as prescribed by law on grassroots democracy.
4.
Responsibility of every investment project owner for holding consultation:
a) Adopt
the consultation methods specified in clause 4 Article 33 of the LEP and
consult the consultees specified in clause 1 of this Article, except for the
cases in points e, g and h of this clause;
b)
Regarding investment projects that involve ocean dumping of materials and
matter; investment projects that discharge at least 10,000 m3 of
wastewater per day (24 hours) or directly discharge wastewater into an
inter-provincial river or lake or a river or lake bordering provinces or
directly discharge wastewater into coastal sea, the project owners shall also
consult with the People’s Committee of province having the inter-provincial
river, the river bordering provinces or coastal sea to cooperate in dealing
with environmental protection issues in the region;
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d) For
the projects at risk of sedimentation, erosion or saltwater intrusion of which
investment policies are decided and approved by the National Assembly or the
Prime Minister; project involving ocean dumping of dredged materials and matter
with a total volume of 5,000,000 m3 or more; projects that
discharge at least 10,000 m3 of industrial wastewater per day
(24 hours) (except for cases of connection of wastewater to the centralized
wastewater treatment system, heat exchanging water and wastewater of the
aquaculture project) or at least 200,000 m3 of emissions per
hour, the project owners are encouraged to solicit opinions of an organization
having appropriate expertise (having its scientific and technological
activities certified as per the law on science and technology and its field
certified suitable for the nature of the model) about the content regarding
calculation results given by the applied model in the EIAR;
dd) For
the investment projects that request repurposing land of a wildlife sanctuary
or core zone of a biosphere reserve, the project owners are encouraged to
solicit opinions of a professional organization (having its scientific and
technological activities certified as per the law on science and technology and
its field certified suitable for the field of biodiversity) about the impact of
the projects on biodiversity;
e) For
projects on construction of traffic infrastructure, telecommunications
infrastructure, inter-provincial and inter-district transmission lines, water
drainage and supply, and renovation of inter-provincial and inter-district
canals, the project owners shall only hold a consultation as prescribed in point
a clause 3 of this Article and a written consultation with the provincial
People’s Committees if such projects are located in at least 02
provincial-level administrative divisions or district-level People’s Committees
if such projects are located in at least 02 district-level administrative
divisions;
g) For
the investment projects located within territorial waters or continental shelf
to which responsibility of the communal People’s Committee for administrative
management are yet to be assigned, the project owners shall only hold a
consultation as specified in point a clause 3 of this Article and a written
consultation with the People’s Committee of the province which receives the
projects’ waste transported ashore;
h) For
the projects located within a dedicated area for production, business operation
and service provision or industrial cluster, the project owners shall only hold
a consultation as prescribed in point a clause 3 of this Article and also
consult with the management boards of economic zones, industrial parks,
export-processing zones or hi-tech zones of central-affiliated cities or
provinces, investors in construction and commercial operation of infrastructure
of such dedicated area for production, business operation and service provision
or industrial cluster; are encouraged to hold consultations as prescribed in
points c and d of this clause;
i) Each
project owner shall truthfully consolidate and specify all opinions and
recommendations of the consultees; receive and respond to consultation results
and complete the EIAR before submitting it to a competent authority for
appraisal; take legal responsibility for contents and results of the
consultation mentioned in the EIAR;
k) In
case the investment project owner is one of the authorities that need
consulting as prescribed in this clause, such authority shall not be
consulted.”.
9.
Clauses 2 and 3 of Article 27 are amended; clauses 4 through 11 are added after
clause 3 of Article 27 as follows:
“2.
Except for the case specified in clause 10 of this Article, during the
preparation and execution of an investment project before being put into
operation, the investment project owner shall carry out EIA in case of
change(s) to the decision on approval of EIAR appraisal result as specified in
point a clause 4 Article 37 of the LEP. To be specific:
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b) Cases
where any change of the project’s production technology as specified in clause
4 of this Article results in increasingly adverse impacts on the environment as
specified in clause 5 of this Article;
c) Other
cases where any change results in increasingly adverse impacts on the
environment as specified in clause 6 of this Article;
d) The
increase in scale and capacity specified in clause 3 of this Article results in
a change to the classification of investment projects according to
environmental criteria (except for investment projects for which the National
Assembly’s or the Prime Minister’s authority to decide or approve investment
policies is changed due to the addition of the following activities: passenger
air transport business; betting or casino business; provision of
telecommunications services with network infrastructure, afforestation,
publication or press according to the law on investment).
3.
Specific cases of increase in scale of and capacity for the production,
business or services of an investment project include:
a)
Increase in the capacity for production;
b)
Addition of production lines, machinery, and equipment for production of raw materials
and materials for production or for production of new products, except for
auxiliary work items; addition of the item “lease of factory” in case where
waste is received from the unit leasing factory for treatment;
c)
Increase in the scale of and capacity for business or service. To be specific:
Increase in the floor area for projects on construction of supermarkets,
commercial areas, and shopping malls; increase in the number of hospital beds
for projects on investment in medical examination and treatment facilities and
other medical facilities; increase in the number of rooms for tourist
accommodation establishments; increase in the population or number of
households using residential area, urban area and residential estate projects;
increase in the capacity for waste treatment for projects providing waste
treatment services; increase in the capacity of centralized wastewater
treatment systems for projects on investment in technical infrastructure of
dedicated areas for production, business operation and service provision,
industrial clusters; increase in the area of a factory to be leased.
4. Cases
of changing production technology of investment projects include:
a) Change
of product production technology; change of technology of the system and equipment
for waste recycling and treatment for provision of waste recycling and
treatment services;
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5. The
increase in adverse impacts on the environment in the cases specified in clause
2 of this Article include:
a)
Increase in the total wastewater flow or total dust and emission flow
discharged into the environment when a project comes into official operation;
b)
Increase in adverse impacts on biodiversity or biodiversity loss; increase in
the possibility of landslides, subsidence, flooding; increase in the pollution
discharge parameters under environmental technical regulations on environmental
quality or change of the natural landscape in the area where a project is
executed.
6. Other
cases where any change results in increasingly adverse impacts on the environment
include:
a)
Increase by 30% or more in the volume of dredging material for projects
involving dredging activities; increase by 30% or more in the volume of
dredging material dumped; change in the boundary and area reserved for
assignment of a sea area for dredging and dumping for projects involving
dredging and dumping activities, resulting in the procedures for assignment of
a new sea area of 10 hectares or more being completed according to regulations
of law on natural resources, and environment of sea and islands;
b)
Increase in mineral reserves or mining capacity or other changes to the extent
that the mineral mining license has to be adjusted as per the law on minerals;
any change to the environmental improvement and remediation content leading to
a decrease in the deposits on environmental remediation and improvement calculated
at the time the environmental remediation and improvement scheme was approved,
except where the deposits on environmental remediation and improvement are
decreased due to a decrease in the mineral mining area or reserves;
c)
Increase in the scale of exploitation and use of water resources, change of
water sources and aquifers exploited and used to
the extent that the water resource license has to be adjusted according to
regulations of law on water resources;
d)
Increase in environmental sensitivity due to increase in the number and width
of lanes, length of routes, change of routes for traffic infrastructure
construction projects, projects involving water supply, drainage or canal
renovation or due to increase in the length of routes and change of routes for
power transmission line and telecommunications infrastructure construction
projects;
dd)
Change of location of dam or water conveyance facility or factory or operating
road for hydropower projects;
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g) Change
of the project location, except where the location of an investment project
executed in the dedicated area for production, business operation and service
provision or industrial cluster is changed in conformity with the planning for
zoning of dedicated area for production, business operation and service
provision or industrial cluster which is approved by the competent authority;
h) Change
of the location of direct discharge of treated wastewater into a source of
water with more stringent requirements for waste discharge or giving rise to
the environmental sensitivity.
i) Change
of location of columns and passenger stations, increase in the number of
columns, increase in the area of a passenger station by more than 10% for
projects involving the aerial cablecar construction;
k)
Addition of import of scrap imported from foreign countries as raw materials
for production; addition of waste co-processing for provision of hazardous
waste treatment services;
l)
Increase in the area of land or land with water surface used by 10% or more or
by 30 hectares or more for irrigation projects, hydropower projects, projects
on investment in construction and commercial operation of infrastructure of
dedicated areas for production, business operation and service provision and
industrial clusters, recreation area, agricultural production, forestry and
aquaculture projects on, except for the case specified in point m of this
clause;
m)
Increase in the area of land or land with water surface used by 0.2 ha or more
or increase in the area of land or land with water surface to be repurposed
by 0.1 ha or more for projects in the areas specified in points c, d and dd clause
4 Article 25 of this Decree.
7. If the
change in point b or c clause 4 Article 37 of the LEP is made, the investment
project owner shall update the change and carry out self-assessment of the
impact of the change to the environment to make any revision to the project's
EIAR so as to serve the examination, inspection, supervision and issuance of
environmental licenses by competent authorities.
8. In
case there is a change to an investment project when it is divided into
constituent projects according to regulations of law, each constituent
investment project owner shall satisfy the environmental protection
requirements laid down in the decision on approval of EIAR appraisal result for
that constituent project. In case a constituent project is required to obtain
an environmental license, the decision on approval of EIAR appraisal result
shall serve as the basis for granting the environmental license to the
constituent project. The authority having power to grant the environmental
license is the authority that approved the EIAR appraisal result, except where
the constituent project is subject to the provisions of Article 26a of this
Decree. In case a constituent project is associated with changes to projects in
the cases specified in clauses 2, 3, 4, 5, 6 and 7 of this Article, the
provisions corresponding to that component project shall apply.
In case
investment projects are merged into a joint investment project as prescribed by
law, the decisions on approval of EIAR appraisal result of the merged investment
projects shall serve as the basis for granting the environmental license to
that joint investment project. The authority having power to grant the
environmental license is the superior authority in case many different
competent authorities approve the EIAR result, except where the joint
investment project is subject to the provisions of Article 26a of this Decree.
In case the joint investment project is associated with changes to projects in
the cases specified in clauses 2, 3, 4, 5, 6 and 7 of this Article, the
provisions corresponding to that joint investment project shall apply.
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10. Where
an investment project for which the EIAR appraisal result has been approved
during the preparation and execution before its operation has any adjustment or
change specified in point a, b, c or d clause 2 of this Article and an
investment project has made an adjustment or change but is not required to
undergo EIA, the following regulations shall be complied with:
a) Issue
the environmental license to the investment project that has made any
adjustment or change if it is required to obtain an environmental license as
prescribed in Article 39 of the LEP;
b) Carry
out environmental registration for the investment project that has made any
adjustment or change and is required to obtain environmental registration as
prescribed in Article 49 of the LEP.
11. The
authority to appraise EIARs and applications for issuance of environmental
licenses in the cases specified in clauses 2 and 10 of this Article shall be
determined according to the investment projects to which adjustments or changes
are made.”.
10.
Article 28 is amended as follows:
“Article
28. Main contents of report on proposal for issuance of environmental license
1. Main
contents of a report on proposal for issuance of the environmental license with
respect to the investment project to which the decision on approval of EIAR
appraisal result has been issued include:
a) General
information about the investment project: names of the project and project
owner; location of the project; type of production, business or service of the
project; current use of land by the project; investment registration
certificate (if any), enterprise registration certificate (if any) of the
project owner; types of environment-related licenses, project approval, written
notification of feasibility study appraisal result regarding the work
construction investment project, decision on approval of result of appraisal of
the project’s EIAR and document about changes (if any); project execution
process; scale (classified according to the criteria prescribed by regulations
of law on public investment), production capacity, production technology,
products (if any), amount of electricity, source and amount of water used,
wastewater receiving body, raw materials, fuels, materials, scrap and chemicals
used and other information relating to the project; works, work items which
continue to be constructed after being issued with the environmental license
(if any);
b)
Conformity of the investment project with the national environmental protection
planning, provincial planning, environmental zoning and environmental carrying
capacity under the competent authority’s decision as specified in point c
clause 1 Article 42 of the LEP (if any);
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For a
project on investment in centralized solid waste treatment and hazardous waste
treatment, specify the works, equipment and vehicles for collecting and
treating waste.
For an
investment project that uses scrap imported from a foreign country as raw
materials for production in conformity with the decision on approval of the
EIAR appraisal result, explicitly specify the conditions concerning warehouses
and yards for scrap storage; recycling equipment; impurity treatment scheme;
scheme for re-export of scrap that fails to satisfy technical regulations.
For an
investment project that discharges wastewater into hydraulic structures,
clearly specify the satisfaction of requirements for environmental protection
of sources of water for hydraulic structures;
d) Plan,
schedule and result of implementation of the environmental remediation and
improvement scheme, biodiversity offsets scheme (if any);
dd)
Change(s) to the decision on approval of EIAR appraisal result (if any)
enclosed with environmental impacts of such change(s) in case such change(s)
increase(s) adverse impacts on the environment but not to an extent that EIA is
required;
e) Items
to be licensed as specified in clause 2 Article 40 of the LEP;
g) Plan
and expected time for trial operation of waste treatment works enclosed with a
waste monitoring plan intended to evaluate efficiency of the works (aggregate
and single sampling); if a packaged waste treatment work/equipment or waste
treatment work belongs to a project with small capacity as prescribed in
Appendix II enclosed herewith, only take single samples for monitoring purpose;
plan to prevent and respond to environmental emergencies during trial operation
and when the project is put into operation;
h) Waste
monitoring program (automatic, continuous and periodic) prescribed by law and
other environmental protection contents (if any).
2. Main
contents of a report on proposal for issuance of the environmental license with
respect to the investment project I not subject to EIA include:
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b)
Conformity of the investment project with the national environmental protection
planning, provincial planning, environmental zoning and environmental carrying
capacity under the competent authority’s decision (if any);
c)
Evaluation of state of environment in the area where the investment project is
located (except for investment projects located in dedicated areas for
production, business operation and service provision and industrial clusters);
evaluation of selected production and waste treatment technologies and other
selected environmental protection works; evaluation and prediction of impacts
of waste sources, noise and vibration; evaluation and prediction of investment
project’s impacts (if any) on biodiversity and natural heritage sites, sources
of water for hydraulic structures (if any), flow, landslide, sedimentation,
saltwater intrusion and society (if any);
Regarding
a group III investment project: description of state of environment in the area
where the investment project is located (not required for investment projects
located in dedicated areas for production, business operation and service
provision and industrial clusters); evaluation of selected production
technologies;
d)
Proposed plan and measures for waste treatment enclosed with a description and
alternative for construction design (fundamental design or construction drawing
design (if the project only requires one single design step) of environmental
protection works, equipment for synchronous and packaged waste treatment,
automatic and continuous monitoring equipment (if installation thereof is
required) and other treatment equipment (accompanied by its CO/CQ, if any);
plan for environmental emergency prevention and response during trial and
official operation; plan for construction, installation, operation, maintenance
and management of discharge items and waste treatment works, enclosed with an
estimate of costs of construction of works; measures for environmental
protection of sources of water for hydraulic structures with respect to the
investment projects discharging wastewater into hydraulic structures;
dd)
Specific environmental protection contents (for group II investment projects):
for a project on investment in mineral mining or waste burial, the proposal report
must contain an environmental improvement and remediation plan. For an
investment project involving the renovation of river/lake channel, bank or
terrace, construction of hydraulic structure or exploitation of sand, gravel,
and other minerals on river/lake or water source protection corridor which
poses a risk of destabilizing river/lake channel, bank or terrace or water
source protection corridor, the proposal report must include contents of
assessment of the impacts and plan to protect, prevent and control river/lake
channel, bank or terrace erosion, etc. For an investment project that causes
biodiversity loss or decline, the proposal report must include a biodiversity
offsets scheme (if any);
e) Items
to be licensed as specified in clause 2 Article 40 of the LEP;
g) Plan
and expected time for trial operation of waste treatment works enclosed with a
waste monitoring plan intended to evaluate efficiency of the works (aggregate
and single sampling); if a packaged waste treatment work/equipment or waste
treatment work belongs to a project with small capacity as prescribed in
Appendix II enclosed herewith, only take single samples for monitoring purpose;
plan to prevent and respond to environmental emergencies during trial operation
and when the project is put into operation;
h) Waste
monitoring program (automatic, continuous and periodic) prescribed by law and
other environmental protection contents (if any).
3. Main
contents of a report on proposal for issuance of environmental license to an
operating business, dedicated area for production, business operation and
service provision, industrial cluster, expansion investment project of the
operating business or dedicated area for production, business operation and
service provision or operating phased project (hereinafter referred to as
“business upon considering issuance of an environmental license”) include:
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b)
Conformity of the business with the national environmental protection planning,
provincial planning, environmental zoning and environmental carrying capacity
under the competent authority’s decision as specified in point c clause 1
Article 42 of the LEP (if any);
c) Waste
generated, including: weight and type of solid waste; flow rate and pollution
parameters of dusts, emissions, noise and vibration; flow rate and pollution
parameters of wastewater, receiving bodies of wastewater; environmental
protection works and measures completed as prescribed in point c clause 1 of
this Article.
For a
centralized solid waste treatment and hazardous waste treatment facility,
specify the works, equipment and vehicles for collecting and treating waste.
For a
business that wishes to use imported scrap from a foreign country as raw
materials for production in conformity with the decision on approval of EIAR
appraisal result (or a document equivalent to the decision on approval of EIAR
appraisal result, including the dossier enclosed with the equivalent document
according to the provisions of law), it is required to explicitly specify the
conditions concerning warehouses and yards for imported and domestic scrap
storage (if any); recycling equipment; impurity treatment scheme; scheme for
re-export of scrap that fails to satisfy technical regulations.
For a
business that discharges wastewater into hydraulic structures, it is required
to clearly specify the satisfaction of requirements for environmental
protection of hydraulic structures;
d) Plan,
schedule and result of implementation of the environmental remediation and
improvement, biodiversity offsets scheme (if any) with respect to a business
that satisfies the environmental criteria equivalent to group I or group II
investment project;
dd) Items
to be licensed as specified in clause 2 Article 40 of the LEP;
e)
Results of environmental monitoring carried out in the 02 previous years (for a
business that satisfies the environmental criteria equivalent to group I or
group II investment project), 01 previous year (for a business that satisfies
the environmental criteria equivalent to group III investment project) in the
case where waste monitoring is required as prescribed or result of additional
waste sample monitoring under the guidance of MONRE in the case where waste
monitoring is not required as prescribed;
g) Plan
and expected time for trial operation of waste treatment works (if there is any
waste treatment work required to undergo trial operation) enclosed with a waste
monitoring plan intended to evaluate efficiency of the work (aggregate and
single sampling); if a packaged waste treatment work/equipment or waste
treatment work belongs to a business with small capacity as prescribed in
Appendix II enclosed herewith, only take single samples for monitoring purpose;
plan to prevent and respond to environmental emergencies during trial operation
and when the project is put into operation;
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i)
Proposed contents of waste monitoring (automatic, continuous and periodic)
prescribed by law and other environmental protection contents (if any).
4. Forms
of reports on proposal for issuance of environmental license to the subjects
mentioned in clauses 1, 2 and 3 of this Article are provided in the Appendix
VIII, IX and X to this Decree respectively.”.
11.
Article 29 is amended as follows:
“Article
29. Applications and procedures for issuing environmental licenses
Applications,
procedures and time limit for issuing environmental licenses to investment
projects and businesses are specified in Article 43 of the LEP. Several
contents are elaborated as follows:
1. Other
legal and technical documentation specified in point c clause 1 Article 43 of
the LEP are prescribed as follows:
a) For an
investment project or expansion investment project of an operating business not
subject to EIA: a copy of the feasibility study report or document equivalent
to the feasibility study report of the investment project or expansion investment
project in accordance with regulations of laws on investment, public
investment, PPP investment and construction;
b) For an
investment project or business other than that specified in point a of this
clause, the project or business owner is not required to submit other legal and
technical documentation together with the application for issuance of
environmental license.
2. Time
of submission of the application for issuance of environmental license is
prescribed as follows:
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b) The
owner of the investment project (including the expansion investment project of
the operating business) not subject to EIA shall decide the time of submission
themself after having sufficient applications prescribed in clause 1 Article 43
of the LEP and point a clause 1 of this Article; In case there are prescribed
environment-related procedures applicable to an ongoing project, the investment
project owner must submit an application for issuance of environmental license
before it is put into operation;
c) The
business owner shall decide when to apply for the environmental license
themself in accordance with the Law on Environmental Protection and this Decree
as long as the environmental license is issued at least 45 days in advance if
the environmental license is issued by a ministerial agency and 30 days in
advance if the environmental license is issued by the provincial People’s
Committee or district-level People’s Committee before the date on which the
environmental license has to be obtained.
3. The
investment project owner or business owner shall submit an application for
issuance of environmental license to the authority issuing environmental
license (hereinafter referred to as “licensing authority”) and pay fees for
application appraisal as prescribed. Some specific cases are prescribed as
follows:
a) In
case investment projects and/or businesses are located at the same site and
have the same owner but have different decisions on approval of EIAR appraisal
result or other environmental dossiers approved by different competent
authorities, the superior authority has the power to grant environmental licenses;
b) In
case investment projects and/or businesses are located at adjacent sites, have
the same investor and share a wastewater or emission treatment system, they may
be be consolidated into a single environmental license. In case there are
different decisions on approval of EIAR appraisal result or other environmental
dossiers approved by different competent authorities, the superior authority
has the power to grant environmental licenses;
c)
Regarding an investment project for which the EIAR appraisal result has been
approved, the project owner wishing to split up or split off the project must
comply with regulations of law on EIA as prescribed in clause 8 Article 27 of
this Decree before submitting an application for issuance of environmental
license;
d) In
case an investment project or business that has been granted an environmental
license or a component environmental license as prescribed is split up or split
off into multiple projects or businesses, the owner of the project or the
business is entitled to inherit the contents of the granted environmental
license or component environmental license within the validity period of the
license; within 06 months from the date of split-up or split-off as prescribed
by law, the owner of the project or the business after split-up or split-off
must prepare an application for replacement of the environmental license as
prescribed by law. After the split-up or split-off, the project or business
shall follow procedures for issuance, adjustment or re-issuance or carry out
environmental registration as prescribed before the environmental license or
component environmental license expires.
4. Within
10 days from the date of receiving a sufficient application (except for the
case specified in clause 9 of this Article), the licensing authority shall:
a)
publicize contents of the report on proposal for issuance of environmental
license on the website of the licensing authority or authorized authority,
except for information classified as state secrets or enterprise’s secrets as
prescribed by law; the time limit for publicizing the report on proposal for
issuance of environmental license is at least 10 days from the date of
publicization;
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Regarding
an investment project that directly discharges at least 10,000 m3 of
wastewater (except for heat exchanging water, aquaculture water) per day (24
hours) into an inter-provincial river or lake or a river or lake bordering
provinces or directly discharges wastewater into coastal sea, the licensing
authority shall consult with the People’s Committee of province having the
inter-provincial river or lake, bordering river or lake or coastal sea of the
bordering province to cooperate in dealing with environmental protection issues
in the region, except where the investment project has been issued with the
decision on approval of EIAR appraisal result and does not change the contents
related to wastewater discharge specified in the decision on approval of EIAR
appraisal result. The enquired provincial People’s Committee shall give a
written response within 07 days from the receipt of the enquiry. If such time
limit expires and a written response fails to be given, it is considered that
such body agrees to the licensing;
Regarding
an investment project that directly discharges at least 10,000 m3 of
wastewater (except for equipment cooling water, aquaculture water) per day (24
hours) or at least 200,000 m3 of dust or emissions per hour, the
licensing authority shall consult with a specialized organization about the
calculation results given by the pollutant dispersion model or environmental
emergency (if any), except where the investment project has been issued with
the decision on approval of EIAR appraisal result and does not change the
contents related to wastewater, dust or emission discharge specified in the
decision on approval of EIAR appraisal result. The enquired specialized
organization shall give a written response within 20 days from the receipt of
the enquiry. If such time limit expires and a written response fails to be given,
it is considered that such body agrees to the licensing;
c) Except
for the case specified in clause 9 of this Article, the appraisal of the
application for issuance of environmental license shall be carried out as
follows:
In the
cases where the investment project has been issued with the decision on
approval of EIAR appraisal and there is not any change to the decision on
approval of EIAR appraisal result or there is a change other than that
specified in point b clause 4 Article 37 of the LEP but not to an extent that
EIAR has to be made, the licensing authority shall establish an appraisal
council and shall not carry out a site inspection.
For the
investment project not subject to EIA, the licensing authority shall establish
an appraisal council. Where necessary, the appraisal council shall carry out a
site inspection in the area where the investment project is expected to be
executed. Depending on the scale, nature and extent of the project, the site
inspection shall be conducted by the council’s representative appointed as
decided by the council’s president.
In the
cases where the business or investment project has been issued with the
decision on approval of EIAR appraisal and there is a change to the decision on
approval of EIAR appraisal result according to point b clause 4 Article 37 of
the LEP but not to an extent that EIAR has to be made, the licensing authority
shall establish an inspectorate.
The
inspectorate and appraisal council shall each be composed of at least 07
members if the environmental license is issued by a central government
authority; the appraisal council and inspectorate shall each be composed of at
least 05 members if the environmental license is issued by the provincial
People’s Committee and at least 03 members if the environmental license is
issued by the district-level People’s Committee, including the council’s
president (or inspectorate’s chief) who is a representative of the appraising
authority or specialized authority which is authorized or assigned tasks.
The
appraisal council and inspectorate shall each be composed of 01 president or
chief; 01 deputy president or deputy chief if necessary; 01 secretary;
representatives of authorities and organizations concerned; representative of
regulatory body managing hydraulic structures, economic zone, industrial park,
export-processing zone or hi-tech zone management board of a province (if any);
experts and officials in the field of environmental protection and operating
field of the investment project or business.
Every
member of the appraisal council or inspectorate shall examine applications for
issuance of environmental license, make remarks about the appraisal contents
specified in Article 40 of the LEP and take legal responsibility for their
remarks.
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5.
According to the appraisal result of the appraisal council or result of the
inspectorate, the licensing authority shall consider issuing environmental
license to the investment project or business in case of eligibility to be issued
with environmental license or send a notification of return of application to
the project or business owner specifying reasons for ineligibility to be issued
with environmental license.
If the
application needs modifying to have sufficient grounds for issuing license, the
licensing authority shall send the investment project owner or business owner a
notification clearly specifying the modifications. The licensing authority
shall not request the project or business owner to perform tasks other than those
specified in the notification. Response (final result or necessary
modifications) must be provided within licensing time limit as prescribed.
Within 12
months from the receipt of the written request for modification of the
licensing authority, the investment project owner or business owner shall
complete and submit the application for issuance of environmental license to
the licensing authority. In case the issued environmental license is expiring in
12 months or less, the investment project owner or business owner shall
complete and submit the application to the licensing authority to obtain an
environmental license before the expiry date of the issued environmental
license. After this deadline, the licensing shall be subject to the regulations
set out in Article 43 of the Law on Environmental Protection.
6. Except
for the case specified in clause 9 of this Article, within 20 days if the
environmental license is issued by MONRE, Ministry of National Defense or
Ministry of Public Security, 15 days if the environmental license is issued by
the provincial People’s Committee and 10 days if the environmental license is
issued by the district-level People’s Committee, from the receipt of the
modified application for issuance of environmental license (in case where the
application has to be modified as requested by the licensing authority), the
head of the licensing authority shall consider issuing the environmental
license to the investment project or business; in case of failure to issue the
environmental license, a written response specifying reasons therefor shall be
given.
7. During
the inspection serving issuance of the environmental license, the inspectorate
shall monitor treated waste before being discharged into the environment with
regard to the business that satisfies the environmental criteria equivalent to
a group I or group II project and business that satisfies the environmental
criteria equivalent to an investment project specified in Section I.1 in the
Appendix V to this Decree. The monitoring of waste by the inspectorate shall be
carried out at least once (single sampling). In case the business has many dust
and emission treatment works that are similar in terms of typical pollution
parameters treated, treatment technology and equipment, the inspectorate shall
select 01 work with the largest treatment capacity to monitor and evaluate the
treatment efficiency of these similar dust and emission treatment works. The
cost of waste sample collection and analysis by the inspectorate shall be
covered by the fees for appraising applications for issuance of environmental
license according to the provisions of law on fees and charges.
The
duration of analyzing waste samples and completing an application for issuance
of environmental license of the business shall not be included in the time
limit for issuing the environmental license.
In case
the result of waste sample analysis exceeds that specified in an environmental
technical regulation, the business owner shall carry out a check, take
corrective actions and conduct additional monitoring of 01 sample for the waste
treatment work against which corrective actions have been taken to ensure the
compliance with the environmental technical regulation before the discharge.
After taking corrective actions, the business owner shall re-submit the report
on proposal for issuance of environmental license for further consideration and
actions as prescribed.
8. The
receipt of applications and return of results specified in point c clause 4
Article 43 of the LEP must be carried out in a simplified manner that reforms
administrative procedures and follows administrative procedures online in
accordance with the Government’s regulations.
9. The
receipt of applications and return of results shall be carried out online via
the wholly online public service system of the licensing authority within 20
days from the receipt of the valid applications with respect to a project not
required to undergo trial operation of the waste treatment work. The online
receipt of applications and return of results via the wholly online public
service system specified in this clause shall be only carried out at the
investment project owner’s request.
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11. The
application form for issuance of environmental license of the investment
project owner or business owner shall be made using the form specified in the
Appendix XIII to this Decree.
12.
Documents submitted online via the wholly online public service system
specified in this Decree shall be electronic copies from master registers;
electronic certified true copies of the originals.
13. The
Minister of Natural Resources and Environment shall promulgate forms of
documents relating to issuance of environmental license, except for the case
specified in clause 11 of this Article.”.
12.
Article 30 is amended as follows:
“Article
30. Replacement, adjustment, re-issuance and revocation of environmental
licenses
1.
Replace the environmental license as prescribed in clause 1 Article 44 of the
LEP within 10 days from the receipt of application form for renewal of the
investment project owner or business owner enclosed with the legal
documentation relating to changes. The licensing authority shall issue a
replaced environmental license which will have the same expiration date as that
of the old license to the investment project owner or business owner.
The
replacement of environmental license shall be applied for online via the wholly
online public service system of the licensing authority or authorized authority
and appraisal fees are not required to be paid as prescribed.
2. The
investment project owner or business owner shall adjust the environmental
license within its remaining effective period in any of the following
circumstances:
a) There
is a change as prescribed in point a clause 2 Article 44 of the LEP and changes
other than those specified in clauses 4 and 5 of this Article, except for
removal of items to be licensed or change to weight or type of hazardous waste
generated. In case of removal of an item to be licensed, the adjustment of the
environmental license shall be only made when requested by the investment
project owner or business owner. In case of a change to weight or type of
hazardous waste generated, the investment project owner or business owner shall
specify the change in the periodic environmental protection report of the
project or business;
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c) An
operating dedicated area for production, business operation and service
provision or operating industrial cluster which adds an industry or business
line attracting investment is not involved in a type of business, production or
service likely to cause environmental pollution as specified in the Appendix II
to this Decree;
d) There
is any change as specified in clause 2 Article 27 of this Decree, except the
case specified in clause 5 of this Article.
The
adjustment of environmental license shall be made within 25 days from the
receipt of the application form for adjustment from the investment project
owner or business owner and made online via the wholly online public service
system of the licensing authority or authority authorized to issue
environmental licenses as prescribed.
The
investment project owner or business owner which applies for adjustment of the
environmental license shall submit an application for adjustment of
environmental license before making any change and any change may only be made
after the replaced license is issued.
3. Where
the wholly online public service system has not yet to be launched at the
licensing authority or authority authorized to issue environmental licenses as
prescribed, the applications for replacement and adjustment of the
environmental license specified in clauses 1 and 2 of this Article shall be
submitted in person or by post.
4. The
inspection and decision on adjustment of the type and weight of hazardous waste
permitted to be treated or weight of scrap permitted to be imported as raw
materials for production by the licensing authority as prescribed in point b
clause 2 Article 44 and clause 4 Article 46 of the LEP shall not be considered
an administrative procedure. The licensing authority shall rely on the
inspectorate’s report on inspection of trial operation of waste treatment work
of the investment project or business; results of measurement and analysis of
waste samples or additional waste monitoring samples (if any) and report on
results of trial operation of the investment project owner or business owner in
order to adjust the environmental license as follows:
a) Notify the investment project owner or
business owner of adjustments to type and weight of hazardous waste permitted
to be treated or weight of scrap permitted to be imported as raw materials for
production in order to suit the actual operating capacity of the investment
project or business.
The
investment project or business shall provide a written explanation for the
adjustments (if any) specified in this point to the licensing authority;
b) The
licensing authority shall issue an adjusted environmental license which will
have the same expiration date as that of the old license to the investment
project owner or business owner.
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a) The
subjects specified in point a clause 3 Article 44 of the LEP;
b)
Investment projects, businesses, dedicated areas for production, business
operation and service provision and industrial clusters changing their scale,
production capacity or production technology as specified in clauses 3 and 4
Article 27 of this Decree resulting in increasingly adverse impacts on the
environment as specified in clause 5 Article 27 of this Decree, except for the
regulations set out in point d clause 2 Article 27 of this Decree, or subject
to EIA;
c)
Operating dedicated areas for production, business operation and service
provision or operating industrial clusters which add an industry or business
line attracting investment and are involved in types of business, production
and services likely to cause environmental pollution as specified in the
Appendix II to this Decree;
d) Other
changes resulting in increasingly adverse impacts on the environment as
prescribed in point b clause 3 Article 44 of the LEP, including: Increase by
10% in the flow of wastewater, dust or emission, thus causing a change in the
pollution discharge parameters; change of the location of direct discharge of
treated wastewater into a source of water with more stringent requirements for
waste discharge; addition of a method for self-recycling, treatment or
co-processing of waste using available technology, environmental protection
works or production equipment; addition of the activity of co-processing of
normal industrial solid waste or domestic solid waste for provision of waste
treatment services; replacement or addition of a work, system or equipment for
waste recycling or treatment; addition of a type of hazardous waste (except for
addition of a type of hazardous waste whose properties are similar to licensed
hazardous waste) regarding a hazardous waste treatment service provider;
addition of a type or increase in the weight of scrap imported as raw materials
for production; addition of a type of scrap imported as raw materials for
production; addition of a hazardous waste transfer station; change of
technology of a wastewater, dust or emission treatment system or work, except
for addition of treatment equipment or stage; reduction in the scale or failure
to build and install any work for environmental emergency prevention and
response for the wastewater treatment system.
6. The
investment project owner or business owner required to obtain re-issued
environmental license as set out under point a clause 5 of this Article shall
submit the application for re-issuance of environmental license 06 months
before its expiry date; regarding the cases specified in points b, c and d
clause 5 of this Article, the application for re-issuance of environmental
license shall be submitted before making any change and any change may only be
made after the license is re-issued.
7. The
investment project owner or business owner shall consider, decide and take
legal responsibility for changes other than those specified in clauses 2, 4 and
5 of this Article; integrate the changes into the periodic environmental
protection reports of the project or business as prescribed.
8. The
re-issuance of environmental license specified in clause 5 of this Article
shall be carried out according to the procedures mentioned in clauses 2 through
6 Article 29 of this Decree. The time limit for re-issuance of an environmental
license begins on the date of receiving a valid application and is specified in
points a and b clause 4 Article 43 of the LEP.
9. The
investment project or business issued with the environmental license must
conduct trial operation of its waste treatment work in case there is a change
to the waste treatment work or raw materials or fuels leading to an increase in
pollution parameters present in waste.
10. The
operating business specified in point d clause 2 Article 42 of the LEP which
has yet to possess an environmental license shall, upon making any adjustment
or change specified in clause 2 or 5 of this Article, prepare an application
for issuance of environmental license to a competent authority before making
any change and any change may only be made after the environmental license is
issued, except the case specified in point a clause 3 Article 44 of the LEP.
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12. The
waste monitoring by an inspectorate during the process of considering
adjustment of the environmental license as prescribed in point b clause 2
Article 44 and clause 4 Article 46 of the LEP or re-issuance of the
environmental license to a business shall comply with the regulations set out
under clause 7 Article 29 of this Decree.
13. If it
is found that the environmental license has to be revoked as prescribed in
clause 5 Article 44 of the LEP during the process of imposing penalties for
administrative violations, the revocation of the license shall comply with
regulations of law on penalties for administrative violations. The
environmental license shall be issued as follows:
a) If the
environmental license is issued ultra vires, within the time limit for taking
remedial measures, the investment project owner or business owner shall follow
procedures for applying for issuance of environmental license as prescribed in
Article 29 of this Decree;
b) If the
environmental license contains any content against regulations of law, within
07 days from the receipt of such environmental license transferred by the
person competent to impose penalties, the licensing authority shall consider
issuing another environmental license with rectified contents to the investment
project owner or business owner.
14. If it
is found that the environmental license has to be revoked as prescribed in
clause 5 Article 44 of the LEP but does not fall into the case specified in
clause 13 of this Article, the revocation and issuance of the environmental
license shall be carried out as follows:
a) The
regulatory body which finds that the environmental license has to be revoked
shall send a notification that the environmental license is issued ultra vires
or contains a content against regulations of law on environmental protection;
b) The
authority issuing the environmental license that has to be revoked shall
consider and review the procedures for and contents of appraisal of the
application for issuance of environmental license after receiving the
notification specified in point a of this clause.
If the
environmental license is issued ultra vires as prescribed, the authority
issuing such environmental license shall instruct the investment project owner
or business owner to prepare an application for issuance of environmental
license to the licensing authority to obtain a new environmental license as
prescribed in Article 29 of this Decree. The authority issuing the
environmental license shall revoke the environmental license after the investment
project or business has been issued with a new environmental license as
prescribed by law.
If the
issued environmental license contains any content against regulations of law,
the authority issuing the environmental license shall issue a new environmental
license to the investment project or business in conformity with regulations of
law. The unconformable license will be revoked when the new license is
issued to the investment project or business.
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16. The
Minister of Natural Resources and Environment shall promulgate forms related to
replacement, adjustment, re-issuance or revocation of environmental licenses, except
for the case specified in clause 15 of this Article.”.
13.
Article 31 is amended as follows:
“Article
31. Trial operation of waste treatment works after being issued with
environmental license
1. Waste
treatment works not required to undergo trial operation include:
a) Sedimentation
pond of a mineral mining project;
b)
Emergency pond of a wastewater treatment system (except for the emergency pond
combined with stabilization pond);
c) Dust
and emission release system in the case where dust and emission treatment
systems are not required, including boiler emission control systems, heating
equipment and generators using fuel gas and DO; crematoria emissions treatment
system; filtration system for dust generated from conveyor belts and silos
containing raw materials, fuels, and materials;
d) In
situ wastewater works and equipment specified in clause 3 Article 53 of the
LEP; septic tanks, grease separators of canteens and packaged wastewater
treatment works and equipment satisfying prescribed requirements; In situ
wastewater works and equipment satisfying environmental technical regulations;
dd) Heat
exchanging water treatment systems using chlorine or disinfectant chemicals to
kill microorganisms;
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g) Waste
treatment works of the business, dedicated area for production, business and
service provision or industrial cluster specified in clause 2 Article 39 of the
LEP when applying for issuance of the environmental license, except for the
case specified in clause 4 of this Article;
h) Waste
treatment works of a project, business, dedicated area for production, business
operation and service provision or industrial cluster when applying for
issuance, adjustment or reissuance of the environmental license without any
change to the issued component environmental license or issued environmental
license, except for the case specified in clause 9 Article 30 of this Decree;
i) A
project’s or business’s wastewater treatment works whose treated wastewater is
reused and used in a circular manner for production and not discharged into the
environment.
2. The
investment project owner that is not subject to EIA but is required to obtain
an environmental license and has a waste treatment work other than that
specified in clause 1 of this Article shall conduct trial operation of such
waste treatment work together with trial operation of the entire project or for
each investment phase of the project (if the project is divided into investment
phases) or for the independent waste treatment work item of the project after
completing the following tasks:
a)
Construct waste treatment works according to the environmental license; prepare
a dossier on completion of the waste treatment work in accordance with
regulations of law on construction (enclosed with a transfer and commissioning
record between the investor, the construction contractor and the construction
supervisor of the waste treatment work) and establish an operating process
which satisfies environmental protection requirements. The investment project
owner shall take legal responsibility for the dossier on completion of the
waste treatment work;
b)
Install automatic and continuous wastewater, dust and emission equipment and
systems (if the installation is required) in order to supervise quality of
wastewater and emissions as prescribed in this Decree.
3. The
investment project owner that is subject to EIA and required to obtain an
environmental license and has a waste treatment work other than that not
specified in clause 1 of this Article shall conduct trial operation of such
waste treatment work together with trial operation of the entire project or for
each investment phase of the project (if the project is divided into investment
phases) or for the independent waste treatment work item of the project
according to the issued environmental license. If there is any change to the
trial operation plan according to the issued environmental license, it is
required to fulfill the responsibility specified in clause 5 of this Article.
4. The
owner of the investment project, business, dedicated area for production,
business operation and service provision or industrial cluster specified in
clause 2 Article 39 of the LEP that increases capacity of their waste treatment
work or changes their waste treatment technology shall conduct trial operation
of the waste treatment work after being issued with the environmental license.
5. The
investment project owner specified in clause 2 of this Article shall notify the
plan for trial operation of the waste treatment work or waste treatment work
item of the project to the licensing authority at least 10 days before the date
of trial operation of the waste treatment work for supervision purpose; if the
licensing authority is MONRE, the plan shall be also sent to the provincial
specialized environmental protection authority for cooperation in, inspection
and supervision of the implementation thereof.
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a) From
03 to 06 months if the project is a dedicated area for production, business
operation and service provision or industrial cluster and large capacity
investment project involved in a type of production, business or service that
is likely to cause environmental pollution specified in the Column 3 Appendix
II enclosed herewith;
b)
The investment project owner shall decide and be accountable for the
duration of trial operation with respect to a project other than that specified
in point a of this clause but such duration must not exceed 06 months and the
effectiveness of the waste treatment work can be evaluated as prescribed;
c) If it
is required to extend the duration of trial operation, the investment project
owner shall send a notification specifying reasons for extension and the
duration of extension which must not exceed 06 months; in case of failure to
satisfy the requirements, the owner shall renovate or upgrade the waste
treatment work and conduct trial operation as prescribed. For large scale
investment projects divided into each investment phase, the duration of trial
operation may be extended in accordance with regulations prescribed by the
licensing authority.
7. During
trial operation of waste treatment works, the investment project owner shall
perform several tasks below:
a)
Cooperate with the specialized environmental protection authority in the
province (if the licensing authority is MONRE or provincial People’s Committee)
or in the district (if the licensing authority is the district-level People’s
Committee) where the project is executed in order to undergo inspection during
the trial operation. If the project is required to undergo automatic
wastewater, dust or emission monitoring, carry out monitoring and supervision
of result of automatic and continuous wastewater, dust or emission monitoring
using cameras which connect and transmit data to the specialized environmental
protection authority in the province where the project is executed;
b) Carry
out monitoring themself by following MONRE’s technical guidance or cooperate
with the provider eligible to provide environmental monitoring services to
monitor waste and evaluate effectiveness of the waste treatment work. The waste
monitoring must comply with environmental standards and environmental technical
regulations and law on standards, measurement and quality of products and
goods. The waste monitoring and sampling (single and aggregate sampling) with
respect to types of projects shall comply with regulations of MONRE;
c) Be
held accountable for contents of the trial operation plan and entire process of
trial operation of each waste treatment work;
d) Keep a
logbook which fully documents information about trial operation of the waste
treatment work. The subjects specified in clause 4 Article 46 of the LEP shall
fully document information about weight of hazardous waste and scrap used by
each treatment and recycling system or equipment;
dd) Carry
out evaluation themself or hire a fully capable organization to carry out
evaluation of waste treatment works of the project; aggregate and evaluate
waste monitoring data, identify waste and prepare a report on results of trial
operation of waste treatment works, and send it to the licensing authority 20
days before the end of trial operation, except for the case specified in clause
4 Article 46 of the LEP; if the licensing authority is MONRE, the investment
project owner shall send it to the provincial specialized environmental
protection authority. The report on results of trial operation of waste
treatment works must fully contain waste monitoring results under the trial
operation plan stated in the environmental license. After completing waste
monitoring according to the quantity and frequency stated in the environmental
license, the investment project owner is not required to continue waste
monitoring before the trial operation ends.
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a)
Terminate any stage generating waste or reduce capacity of the investment
project to ensure the current wastewater treatment works are able to treat
types of waste generated in accordance with the environmental technical
regulation and environmental license;
b) Review
waste treatment works and equipment and process for operating the waste
treatment system to identify causes of pollution and introduce remedial
measures; renovate and upgrade waste treatment works or build more waste
treatment works (if any) to satisfy environmental protection requirements as
prescribed;
c) In
case of causing an environmental emergency or environmental pollution, the
investment project owner shall immediately suspend the trial operation and
promptly report it to the licensing authority for instructions; if the
licensing authority is MONRE, report it to the provincial specialized
environmental protection authority for cooperation in handling environmental
issues; take responsibility for remediating the environmental emergency,
provide compensation and incur penalties as prescribed by law;
d)
Prepare and implement the plan for trial operation of waste treatment works or
each waste treatment work item that fails to satisfy environmental technical
regulation on waste.
9. The
provincial and district-level specialized environmental protection authorities
shall cooperate in inspecting and supervising the trial operation of waste
treatment works regarding the investment projects located within the province
and district at the request of the licensing authority.
10.
Responsibilities of the licensing authority:
a)
Fulfill the responsibility specified in Article 48 of the LEP;
b) Assign officials, public officials or experts
(where necessary) to carry out a site inspection of trial operation of waste
treatment works of investment projects in other cases; measure, collect and
analyze samples of waste released into the environment. If the waste of the
work required to undergo trial operation for discharge of waste into the
environment fails to satisfy the environmental technical regulation on waste,
request the investment project owner to adopt the measures mentioned in clause
8 of this Article; continue to measure, collect and analyze samples of waste
released into the environment during resumption of trial operation by the
investment project owner.
The waste
monitoring by the licensing authority shall be subject to the regulations set
out under clause 7 Article 29 of this Decree.
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c) For
the case specified in clause 4 Article 46 of the LEP, the inspection and
decision to adjust type or weight of hazardous waste permitted to be treated or
weight of scrap permitted to be imported and imposition of penalties for any
violation (if any) shall comply with the procedures mentioned in clause 4
Article 30 of this Decree;
d)
Receive and handle propositions put forward by the investment project owner
about the trial operation of waste treatment works and instruct the project
owner to remediate pollution and environmental emergency (if any) during the
trial operation.
11.
Investment project owners and business owners shall report results of trial operation
of waste treatment works of the projects specified in clause 4 Article 46 of
the LEP and other projects according to the form in the Appendix XV hereof.
12. The
Minister of Natural Resources and Environment shall promulgate forms of
documents relating to trial operation of waste treatment works prescribed in
this Decree except for the case specified in clause 11 of this Article.”.
14.
Article 32 is amended as follows:
“Article
32. Subjects exempt from environmental registration
1.
Investment projects and businesses mentioned in point a clause 2 Article 49 of
the LEP.
2. The
investment project prescribed in point b clause 2 Article 49 of the LEP when
being put into operation, and a business which does not generate waste or
satisfies the following criteria:
a)
Regularly generate less than 20 kg of hazardous waste per month or less than
240 kg of hazardous waste per year;
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c)
Generate less than 300 kg of domestic solid waste per day;
d)
Generate less than 05 m3 of wastewater per day or less than 50
m3 of emissions per hour which are treated using an in situ
treatment work or equipment or managed in accordance with the regulations laid
down by the local government.
3. The
subjects specified in point c clause 2 Article 49 of the LEP, which are
elaborated in the Appendix XVI to this Decree.”.
15.
Points dd and e are added after point d clause 1 of Article 36 as follows:
“dd) In
case the mineral mining facility changes any content of the approved
environmental remediation and improvement scheme at the stage of mine closure,
the change(s) shall be incorporated into the mine closure plan and appraised
during the appraisal of the mineral mine closure plan;
e) The
owner of a construction investment project that involves the recovery of
minerals for use as common building materials in the area where the project is
executed or a project on combined dredging and recovery of minerals in the area
where the project is executed area must comply with the provisions of the law
on minerals and environmental protection and is not required to prepare an
environmental remediation and improvement scheme as prescribed in this clause.
In case a
mineral mining project for which the environmental remediation and improvement
scheme has been approved as per the law on environmental protection before the
effective date of this Decree and which is not required to obtain an
environmental license has made any change to its environmental remediation and
improvement scheme, such change shall be submitted to the authority approving
the environmental remediation and improvement scheme for re-appraisal and
re-approval as prescribed in clauses 2 to 9 of this Article.”.
16.
Article 37 is amended as follows:
a) Point
d of clause 5 is amended as follows:
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b) Point
c of clause 6 is amended as follows:
“c) In
case of paying deposit in instalments, from the second time onwards, the
deposit shall be paid before January 31 in the year of deposit payment;”.
c) Clause
9 is amended as follows:
“9. If
the organization or individual mining minerals has paid a deposit but has
dissolved or goes bankrupt and has not carried out environmental remediation
and improvement according to the approved environmental remediation and
improvement scheme, the authority competent to approve the mine closure plan of
the mineral mining project shall use their deposit including interest to carry
out environmental remediation and improvement. Any adjustment to the
environmental remediation and improvement scheme in this case (if any) shall
constitute part of the mine closure plan of the mineral mining project and be
appraised during the appraisal of the mineral mine closure plan.”.
d)
Clauses 11, 12 and 13 are added after clause 10 as follows:
“11. In
case the project has suspended its mineral mining activities for 12 months or
more at the request or under decision of a competent authority, deposit payment
and environmental remediation and improvement may be stopped until the
suspension is lifted. If deposit has been paid for the suspension period, it
will be deducted from the deposit payable in the next period.
12. MONRE
shall manage and supervise the management and use of deposits on environmental
remediation and improvement during mineral mining paid to VEPF.
13.
Provincial People’s Committees shall manage and supervise the management and
use of deposits on environmental remediation and improvement during mineral
mining paid to provincial environment protection funds.”.
17.
Clause 1 of Article 42 is amended as follows:
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18.
Article 45 is added as follows:
a) Clause
4 is amended as follows:
“4. It is
required to obtain an environmental license which covers the use of scrap
imported as raw materials for production or component environmental license
which is the certificate of eligibility for environmental protection during
import of scrap as raw materials for production as prescribed in point d clause
2 Article 42 of the LEP, except for the case specified in clause 18 Article 168
of this Decree and for the import of scrap generated from activities of
non-tariff zones, export-processing zones and export processing enterprises.
The
environmental license must explicitly specify the permissible weight and type
of scrap imported as raw material for production, which must not exceed 80% of
the demand for use of scrap as raw materials for production according to the
design capacity.”.
b) Clause
11 is added after clause 10 as follows:
“11.
Based on the country's development situation, the demand for import of scrap as
raw materials for production and the environmental protection requirements from
time to time, MONRE shall preside over and cooperate with sectoral ministries
and industry associations to submit a consolidated report to the Prime Minister
for his consideration and adjustment of the List of scrap permitted to be
imported from foreign countries as raw materials for production on the
following grounds:
a) Demand
for use of scrap as raw materials for production; demand for import of scrap of
operating production establishments; proposal and self-assessment report of the
business;
b)
Economic efficiency and environmental impacts of scrap imported as raw
materials for production;
c) The
adaptability of recycling technology and waste treatment technology when using
imported scrap;
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dd) Not
importing scrap that can be obtained domestically.”.
19.
Article 48 is amended as follows:
a) Point
a of clause 4 is amended as follows:
a) It may
be divided into various modules suitable for the schedule of occupancy and
operation of the dedicated area for production, business operation and service
provision provided that the entire wastewater generated from the new project or
additionally generated by the project due to expansion investment or capacity
increase is collected to be treated in accordance with environmental technical
regulations;”.
b) Points
g and h of clause 4 are amended as follows:
“g) The
operation of the centralized wastewater treatment system must be specified in
an operation logbook which sufficiently documents the following: flow (input,
output), typical parameters of input and output wastewater (if any); amount of
electricity used; type and amount of chemicals used. The operation logbook must
be written in Vietnamese language and retained for at least 02 years;
h) The
input wastewater standard applicable to the centralized wastewater treatment
system must be recorded in the decision on approval of EIAR result,
environmental license, environmental registration certificate and regulations
on environmental protection of dedicated areas for production, business
operation and service provision and industrial clusters.”.
20.
Article 49 is amended as follows:
a) Points
a and b of clause 1 are amended as follows:
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b) It is
not permitted to accept a new project or project on investment in expansion of
the operating project that generates wastewater in the dedicated area for
production, business operation and service provision or industrial cluster in
the following cases: the new project is involved in an industry or business
line not included in the list of industries and business lines permitted for
investment attraction of the dedicated area for production, business operation
and service provision or industrial cluster; the dedicated area for production,
business operation and service provision or industrial cluster fails to have or
satisfy one of the requirements for environmental protection infrastructure as
prescribed in Article 48 of this Decree; except for the new investment project
or project on investment in expansion of the operating business that does not
generate additional wastewater into the environment or is not required to
invest in increasing capacity of its wastewater treatment work, the project
exempted from connection according to regulations of law on environmental
protection before the effective date of the LEP, additional generated
industrial wastewater connected to the centralized wastewater treatment system
of the dedicated area for production, business operation and service provision
or industrial cluster as prescribed in point a of this clause;”.
b) Point
a of clause 2 is amended as follows:
a) New
investment projects in the dedicated area for production, business operation
and service provision or industrial cluster must preliminarily treat and
connect wastewater to the centralized wastewater treatment system of the
dedicated area for production, business operation and service provision or
industrial cluster, except for new investment projects or projects on
investment in expansion of the operating business that does not generate
additional wastewater into the environment or is not required to invest in
increasing capacity of its wastewater treatment work, and projects exempted
from connection according to regulations of law on environmental protection
before the effective date of the LEP. Wastewater transferred for treatment must
have their weight and pollution parameters not exceeding the input wastewater
standard of the centralized wastewater treatment system; satisfy the conditions
set out in the written agreement with the investor in construction and
commercial operation of infrastructure of the dedicated area for production,
business operation and service provision or industrial cluster and
environmental license of such dedicated area for production, business operation
and service provision or industrial cluster; except where the business has been
exempted from connection as prescribed in point d of this clause.
In case
of leasing out a factory in the dedicated area for production, business
operation and service provision or industrial cluster, the factory lessor and
factory lessee shall define the responsibility for collection and treatment of
wastewater in accordance with regulations laid down by the investor in
construction and commercial operation of infrastructure of the dedicated area for
production, business operation and service provision or industrial cluster.”.
c) Point
c is amended; point d is added after point c of clause 2 as follows:
“c) The
operating businesses which discharge treated wastewater to the rainwater
drainage and collection system must cooperate with the investor in construction
and commercial operation of the industrial cluster’s infrastructure in
fulfilling the responsibilities prescribed in point dd clause 3 Article 52 of
the LEP;
d) New
investment projects and projects on investment in expansion of the operating
business that generates heat exchanging water discharged into the environment
through separate discharge lines must have facilities and measures to reduce
temperature, treat it with chlorine or other disinfectant chemicals to kill
microorganisms (if used) to ensure compliance with environmental technical
regulations as prescribed.”.
21.
Article 51 is amended as follows:
a) Clause
2 is amended as follows:
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a)
Livestock waste may be only used as fertilizers, for plant watering or as fish
feeds when it satisfies the national environmental regulation specified in
clause 4 of this Article;
b) Livestock waste shall be transported out of a
livestock farm using a closed vehicle or equipment which does not cause any
spill or leak and environmental pollution.”.
b) Clause
4 is amended as follows:
“4. The
Ministry of Agriculture and Rural Development shall promulgate a national
technical regulation on fertilizers derived from livestock waste; national
technical regulation on organic solid livestock waste used in crops or as fish
feeds; national technical regulation on livestock wastewater used in crops.”.
22.
Clauses 1 and 2 of Article 53 are amended as follows:
“1. Every owner of an investment project involved
in the type of production, business or services likely to cause environmental
pollution shall consider applying best available techniques to at least one
production activity or production stage according to the following roadmap:
a) Before
January 01, 2030 for the investment project at level I in the Appendix II
hereof;
b) Before
January 01, 2031 for the investment project at level II in the Appendix II
hereof;
c) Before
January 01, 2032 for the investment project at level III in the Appendix II
hereof.
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a) Before
January 01, 2031 for the business at level I in the Appendix II hereof;
b) Before
January 01, 2032 for the business at level II in the Appendix II hereof;
c) Before
January 01, 2033 for the business at level III in the Appendix II hereof.”.
23.
Clause 4 is added after clause 3 of Article 54 as follows:
“4. In
case the oil and gas exploration project is subject to environmental
registration, environmental registration must be carried out at the People's
Committee of the commune which receives waste transported ashore.”.
24.
Clauses 5 and 6 are added after clause 4 of Article 57 as follows:
“5. A
wastewater treatment system of a business involved in a type of business,
production or service likely to cause environmental pollution as prescribed in
Appendix II to this Decree with a discharge flow of 50 m3/day or
more must be fitted with an independent electricity meter, an output flow
meter, and an operation log (fully recording the following contents: Output
flow, typical parameters of input and output wastewater (if any); amount of
electricity used; type and amount of chemicals used. The operation logbook must
be written in Vietnamese language and retained for at least 02 years).
6.
Businesses not specified in clause 5 of this Article that generate wastewater
discharged into the environment must have an output flow meter; are encouraged
to implement measures to control the operation of the wastewater treatment
system as specified in clause 5 of this Article.”.
25.
Clause 6 of Article 58 is amended as follows:
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26. Point
b clause 2 of Article 59 is amended as follows:
“b) Be
the owner of a technology or owner of a technology line purchased or
transferred from technology manufacturers or from a party having the right to
transfer technology to a technology transferee. In case of using a treatment
technology originated from a European country or another industrial country
which is different from the technical requirements specified in Vietnam's
environmental technical regulations on waste management, then emissions and
wastewater must meet the respective standards of such country and Vietnam's
environmental technical regulations on emissions and wastewater;”.
27.
Clauses 2 and 3 of Article 63 are amended as follows:
“2.
District-level People’s Committees shall:
a)
Promulgate regulations, programs and plans for domestic solid waste management
within their power;
b)
Organize implementation of strategies, programs, plans and tasks related to
domestic solid waste management;
c)
Organize the classification of domestic solid waste as prescribed;
d)
Fulfill the responsibilities specified in clause 1 Article 77 of the LEP;
dd)
Fulfill other responsibilities as assigned by provincial People’s Committees.
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a)
Fulfill the responsibilities specified in clause 7 Article 77 of the LEP;
b)
Formulate a plan, scheme or content for domestic solid waste management within
their communes;
c)
Organize the classification of domestic solid waste as prescribed;
d)
Fulfill other responsibilities as assigned by the superior People’s
Committees.”.
28.
Article 65 is amended as follows:
a) Point
c of clause 4 is amended as follows:
“c)
Elaborate on disposal of pesticide packaging after use generated from
agricultural production activities.”.
b) Point
b of clause 6 is amended as follows:
“b)
Provide detailed guidance on collection of pesticide packaging after use
generated from agricultural production activities.”.
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“4. In
the case of complying with the regulations specified in point b clause 4
Article 83 of the LEP, holders of environmental licenses that cover hazardous
waste management shall perform the following tasks:
a)
Install tracking devices for vehicles transporting hazardous waste; provide an
account to MONRE upon request;
b) In
case of wishing to hire a vehicle to transport hazardous waste, sign a
transport vehicle hiring contract and take responsibility for activities of
transport vehicles during the hiring period and do not sublet such vehicle.
5. If the
organizations and individuals specified in clause 4 Article 83 of the LEP hire
public means of transport such as railway vehicles, inland waterways or seaway
to transport hazardous waste, they shall specify this in their periodic
environmental protection reports which shall be submitted to the licensing authority
as prescribed.”.
30.
Article 71 is amended as follows:
a) Clause
2 is amended as follows:
“2. For
an investment project or business in group II, group II or group III specified
in the Appendices III, IV and V enclosed herewith which regularly generates
hazardous waste with a total quantity of at least 100 kg per month or at least
1,200 kg per year during its operation, it is required to prepare an
application for issuance of environmental license as prescribed in Article 39
of the LEP.”.
b) Clause
4 is amended as follows:
“4.
Cooperate with the owner of the hazardous waste treatment service provider in
preparing a hazardous waste manifest upon transferring hazardous waste in
accordance with MONRE’s regulations. 06 months after the transfer date, if the
final copy of the hazardous waste manifest fails to be received without written
acceptable explanation from the transferee, the hazardous waste generator shall
send a report to the provincial specialized environmental protection authority
or MONRE for inspection and actions as prescribed by law. If hazardous medical
waste is transferred for management according to the cluster model, the
transfer record shall be used instead of the hazardous waste manifest.”.
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a) Title
of the Article is amended as follows:
“Article
74. Specific cases of wastewater and emission management”.
b) Point
b of clause 3 is amended as follows:
“b)
Ministries and ministerial agencies shall promulgate standards, technical
regulations, technical guidance or regulations on circular use and reuse of
wastewater for production, business operation and services under their
management after obtaining MONRE’s opinions, except where wastewater continues,
after circular use and reuse, to be collected and treated before being
discharged into the environment.”.
c) Clause
4 is amended as follows:
“4.
Requirements for environmental protection applicable to certain wastewater
transfer activities:
a) The
wastewater transferred for reuse shall be only transferred to a manufacturing
establishment directly using it as input water for production activities;
b) A
project or business located outside a dedicated area for production, business
operation and service provision or industrial cluster that transfers wastewater
shall satisfy the following requirements: Have a plan to transfer wastewater
for treatment or reuse which is clearly stated in the decision on approval of
EIAR appraisal result or environmental license; enter into a wastewater
transfer contract with the wastewater transferee for treatment or reuse in
accordance with the requirements specified in point d of this clause; provide
infrastructure and equipment for temporary storage of wastewater to prevent
spill and leakage into the ambient environment;
c) A
project or business located outside a dedicated area for production, business
operation and service provision or industrial cluster that receives wastewater
for treatment or reuse shall satisfy the following requirements: Have a plan to
transfer wastewater for treatment or reuse which is clearly stated in the
decision on approval of EIAR appraisal result or environmental license; build a
wastewater treatment system with technologies and capacity suitable for
treating received wastewater or technology line suitable for reuse of received
wastewater; have a treated wastewater flow meter; do not transfer received
untreated wastewater to a third party;
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d)
Clauses 5 and 6 are added after clause 4 as follows:
“5. For
an investment project or business in group II, group II or group III specified
in the Appendices III, IV and V enclosed herewith, it is required to prepare an
application for issuance of environmental license as prescribed in Article 39
of the LEP when falling into any of the following circumstances:
a) It
only dicharges domestic wastewater that has to be treated into the environment
with a total flow rate of 20 m3/day or more;
b) It
discharges industrial wastewater that has to be treated into the environment
regarding businesses and projects involved in a type likely to cause
environmental pollution as prescribed in Appendix II to this Decree. With
respect to the type of animal husbandry or slaughtering of livestock or
poultry, comply with the provisions in point c of this clause;
c) It
discharges industrial wastewater that has to be treated into the environment
with a total flow rate of 10 m3/day or more;
d) It
releases emissions that have to be treated into the environment with a total
flow rate of 1,000 m3/hour or more when officially put into
operation.
6. The
investment project owner or business owner that reuses wastewater to irrigate
plants as prescribed in clause 3 of this Article must formulate a wastewater
reuse plan containing the locations, area, number of plants, time and frequency
and clearly state it in the decision on approval of EIAR appraisal result,
environmental license, environmental registration or submit a written report to
the provincial specialized environmental protection authority before
implementation thereof.”.
32.
Article 76 is amended as follows:
a) Point
e of clause 2 is amended as follows:
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b) Point
b of clause 4 is amended as follows:
b) VEPF
or provincial environment protection fund shall manage and use deposits as
prescribed by law;”.
c)
Clauses 8 and 9 are added after clause 7 as follows:
“8. MONRE
shall manage and supervise the management and use of deposits on environment
improvement at landfills paid to VEPF.
9. Every
provincial People’s Committee shall manage and supervise the management and use
of deposits on environment improvement at landfills paid to the provincial
environment protection fund.”.
33.
Article 77 is amended as follows:
a) Clause
1 is amended as follows:
“1. Organizations and individuals that
manufacture/import (hereinafter referred to as “producers and importers”)
products and packaging specified in Column 3 in the Appendix XXII enclosed
herewith to be put on Vietnam’s market shall fulfill their responsibility for
recycling such products and packaging according to the mandatory recycling
rates and specifications specified in Article 78 of this Decree.
The
producers and importers specified in this clause refer to organizations and
individuals responsible for quality and labelling of products and goods in
Vietnam in accordance with regulations of law on quality of products and
goods.”.
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“a) Food
prescribed by regulations of law on food safety (except for chewing gum);”.
c) Point
dd of clause 2 is amended as follows:
“dd)
Cleansing preparations for domestic, agricultural and medical use;”.
d) Points
b and c of clause 3 are amended as follows:
“b)
Producers and importers having a revenue from sale of products specified in
clause 2 of this Article not exceeding 30 billion dong per year;
c)
Producers put on the market the packaging which are recalled or reused by the
same producers to be put on the market again; the rate of recall or reuse for
packaging to be put on the market again is equal to or higher than the
mandatory recycling rate as prescribed in Column 4 in Appendix No. XXII to this
Decree.”.
dd)
Clause 4 is amended as follows:
“4.
Producers and importers shall fulfill their responsibility for recycling
products and packaging they produce/import according to the following roadmap:
a)
Packaging, batteries, cells; lubricating oil, oil (hereinafter referred to as
“lubricating oil”); tires: as of January 01, 2024;
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c)
Vehicles: as of January 01, 2027.
MONRE
shall submit regulations on disposal of vehicles to the Prime Minister for
promulgation before January 01, 2026.”.
34.
Article 78 is amended as follows:
“Article
78. Mandatory recycling rates and specifications
1.
Mandatory recycling rate is the ratio of the minimum weight of a product or
packaging that must be collected and recycled according to the mandatory
recycling specifications in the year in which the responsibility is fulfilled
to the total weight of a manufactured or imported product or packaging put on
the market in the year in which the responsibility is fulfilled.
The
mandatory recycling rate of each type of product or packaging shall be
determined on the basis of its life cycle, disposal rate and collection rate;
national recycling target, environmental protection requirements and
socio-economic conditions from time to time.
2. The
mandatory recycling rate for each type of product or packaging in the first 03
years is specified in Column 4 of the Appendix XXII enclosed herewith. The
mandatory recycling rate shall be adjusted every 03 years progressively order
so as to meet the national recycling target and environmental protection
requirements.
The
Minister of Natural Resources and Environment shall adjust and promulgate
mandatory recycling rate for each type of product or packaging for the next
03-year periods.
3.
Producers and importers are entitled to recycle products and packaging they
produce/import or to recycle products and packaging of the same type as
specified in Column 3 of the Appendix XXII enclosed herewith which are produced
and imported by other producers and importers to achieve the mandatory
recycling rate. The recycling of imported scrap; packaging being waste
generated from the industrial production process; defective products discarded
during the production process shall not be included in the mandatory recycling
rate applied to producers and importers.
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5. The
mandatory recycling specifications are recycling solutions selected for each
product or packaging specified in Column 5 of the Appendix XXII to this
Decree.”.
35.
Article 79 is amended as follows:
a) Clause
4 is amended as follows:
“4. The
recycling service provider hired by the producer/importer to recycle a product
or packaging must obtain an environmental license or component environmental
license which covers the recycling of such product or packaging as prescribed
by law.”.
b) Point
c of clause 5 is amended as follows:
“c) be authorized by at least 03 producers or
importers that are required to fulfill the responsibility for recycling products
or packaging to organize recycling.”.
c) Clause
6 is amended as follows:
“6. MONRE shall assist in posting information
about product and packaging recycling service providers (including their names;
addresses; full name of the legal representative; contact information;
environmental license or component environmental license) and information about
parties authorized to recycle products and packaging in accordance with
regulations set out under clause 5 of this Article (including their names; addresses;
full name of the legal representative; type of product or packaging to be
recycled by authorization) on the national EPR information system; such
information shall be posted within 05 working days from the date of receiving
the request from the provider or party.
A
producer or importer is not permitted to hire any recycling service provider or
authorized party if they fail to satisfy the requirements as prescribed by law.
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36.
Article 80 is amended as follows:
“Article
80. Registration of recycling plans and reporting of recycling results
1. Before
every March 31, each producer or importer shall register their recycling plan
for manufactured or imported products and packaging put on the market in the immediate previous year and submit a
report on product and packaging recycling results of the previous year using
the form regulated by the Minister of Natural Resources and Environment to
MONRE. The producer or importer shall take legal responsibility for the
accuracy of the registered information in their recycling plan and recycling
result report.
Where the
producer or importer of packaging and products: batteries, cells; lubricating
oil; tires registered and implemented the packaging and product recycling plan
in 2024, the weight of the packaging and products recycled in accordance with
regulations of law shall be included in the packaging and product recycling
result in 2025.
2. The
producer or importer shall declare information about their registered recycling
plan and recycling result report according to the form regulated by MONRE.
3. Before
every March 31, the recycling service provider and the authorized party
specified in points b and c clause 2 Article 79 of this Decree shall submit to
MONRE a report on recycling results of the previous year to the producer or
importer; form of the report is stipulated by the Minister of Natural Resources
and Environment.
4.
Producers and importers are encouraged to fulfill the responsibility for
recycling products and packaging by adopting any method specified in point a
clause 2 Article 54 of the LEP.”.
37.
Article 81 is amended as follows:
“Article
81. Making financial contributions to VEPF to support recycling of products and
packaging
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F is the
total amount of money payable by the producer/importer to VEPF for each type of
product or packaging (unit: dong);
R is the
mandatory recycling rate for each type of product or packaging as specified in
clause 1 Article 78 of this Decree (unit: %);
V is the
weight of the manufactured or imported product or packaging put on the market
in the year in which the responsibility is fulfilled (unit: kg);
Fs is a
reasonable and valid norm of recycling cost for a unit of weight of the product
or packaging (unit: dong/kg), including cost of classifying, collecting,
transporting and recycling the product or packaging (referred to as recycling
costs) and cost of managing, supervising and supporting the fulfillment of the
recycling responsibility by the producer/importer.
The
recycling cost includes an adjustment coefficient, which reflects the
collection rate and recycling value of a product or packaging; the product or
packaging with a high collection rate and high recycling value has a low
adjustment coefficient; the product or packaging with a low collection rate and
low recycling value has a high adjustment coefficient.
The cost
of managing, supervising and supporting the fulfillment of the product or
packaging recycling responsibility by the producer/importer is 2% of the
recycling cost.
2. Fs
shall be promulgated in a manner that ensures the recycling cost and cost of
managing, supervising and supporting the fulfillment of the product or
packaging recycling responsibility is correctly and sufficiently calculated.
The Minister of Natural Resources and Environment shall promulgate Fs for each
product or packaging. Fs shall be adjusted every 03 years.
3.
Financial contribution by the producer/importer to VEPF shall be made as
follows:
a) Every
producer/importer shall themself declare and submit to MONRE before every March
31 a declaration of financial contributions for manufactured or imported
products and packaging put on the market in the immediate previous year using
the form regulated by the Minister of Natural Resources and Environment. The
producer or importer shall take legal responsibility for the information
provided in the declaration;
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38.
Article 82 is amended as follows:
“Article
82. Supporting product and packaging recycling activities
1.
Financial contributions made to VEPF as prescribed in Article 81 of this Decree
shall be used to support the classification, collection, transport, recycling
and treatment of the products and packaging specified in Column 3 in the
Appendix XXII hereof and cover the cost of managing, supervising and supporting
the fulfillment of the product and packaging recycling responsibility by
producers and importers.
The bank
deposit interests of financial contributions made to VEPF may be used to cover
the cost of managing, supervising and supporting the fulfillment of the product
and packaging recycling responsibility by producers and importers.
2. The
financial contributions to VEPF for supporting recycling must be received and
used in a public and transparent manner and for their intended purposes. VEPF
shall report to MONRE and National EPR Council and make publicly available the
receipt and use of financial contributions for recycling support on an annual
basis before March 31 of the next year.
3. The
Minister of Natural Resources and Environment shall preside over and cooperate
with the Minister of Finance in submitting regulations on provision of
financial support for product and packaging recycling activities to the
Government for promulgation.”.
39.
Article 83 is amended as follows:
a) Point
b of clause 1 is amended as follows:
“b)
Producers and importers have a revenue from sale of pesticides and products
specified in Column 2 in the Appendix XXIII to this Decree not exceeding 30
billion dong.
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b) Clause
3 is amended as follows:
“3.
Specific rate of financial contributions for each product or packaging is
specified in Columns 3, 4 and 5 in the Appendix XXIII to this Decree. 2% of the
financial contributions paid by a producer or importer to VEPF support the
waste treatment shall be used to cover the annual cost of managing, supervising
and supporting the fulfillment of the waste collection and treatment responsibility.”.
c) Clause
5 is amended as follows:
“5. The
Minister of Natural Resources and Environment shall adjust and introduce rates
of financial contributions for each type of product or packaging and amounts
used to cover the cost of managing, supervising and supporting the fulfillment
of the waste collection and treatment responsibility for the next 05-year
periods.”.
40.
Article 84 is amended as follows:
“Article
84. Making financial contributions to VEPF to support waste treatment activities
1. Every
producer/importer shall themself declare and submit to MONRE before every March
31 a declaration of financial contributions in support of waste treatment
activities for manufactured or imported products and packaging put on the
market in the immediate previous year using the form regulated by the Minister
of Natural Resources and Environment. The producer or importer shall take legal
responsibility for the information provided in the declaration.
2. Before
every April 20, the producer or importer shall fully pay the declared financial
contributions in support of waste treatment activities specified in clause 1 of
this Article to VEPF.”.
Where the
producer or importer declared and paid financial contributions in support of
waste treatment for the quantity of products or packaging manufactured or
imported in 2024, unused amount of such financial contributions may be carried
forward to pay financial contributions in 2025.”.
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“Article
85. Supporting waste treatment activities
1.
Financial contributions in support of waste treatment activities must be
received and used in a public and transparent manner and for their intended
purposes.
VEPF
shall report to MONRE and National EPR Council and make publicly available the
receipt and use of financial contributions for waste treatment activities
support on an annual basis before March 31 of the next year.
2. The
bank deposit interests of financial contributions made to the VEPF may be used
to cover the cost of managing, supervising and supporting the fulfillment of
the waste collection and treatment responsibility by producers and importers.
3. The
Minister of Natural Resources and Environment shall preside over and cooperate
with the Minister of Finance in submitting regulations on provision of
financial support for waste treatment activities to the Government for
promulgation.”.
42.
Clause 1 of Article 86 is amended as follows:
“1. The
producers and importers specified in Articles 77 and 83 of this Decree shall
make publicly available information about the products and packaging they
produce and import, including: ingredients, fuels and materials; guidelines for
classification, collection, reuse, recycling and treatment thereof; risk
warnings during the recycling, reuse and treatment.
Methods
of making information publicly available shall be decided by the producers and
importers themselves; information may be made publicly available on goods
labels or websites or using another appropriate method.”.
43.
Article 87 is amended as follows:
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1. The
National EPR information system is connected to databases of tax, customs and
enterprise registration and related databases so as to ensure that the
registration, reporting and declaration by producers and importers comply with
law.
2. The
opening, grant of privileges and classification of accounts on the National EPR
information system shall be classified based on registering, declaring and
reporting entities and other relevant entities.
3. MONRE
shall build, manage and operate the National EPR information system.
4. After
the National EPR information system is officially operated, the information
concerning the fulfillment of responsibility by producers and importers
specified in this Decree shall be registered, declared, reported, consolidated
and managed on the National EPR information system.”.
44.
Article 88 is amended as follows:
“Article
88. National EPR Council
1. The
National EPR Council is tasked with advising and assisting the Minister of
Natural Resources and Environment to manage, supervise and support the
fulfillment of responsibility by producers and importers.
The
National EPR Council shall operate on the principle of collectives and make its
decisions under the majority rule. The National EPR Council is composed of the
MONRE, Ministry of Finance, Ministry of Industry and Trade; representatives of
producers and importers; representatives of recycling service providers, waste
treatments service providers and representatives of social and environmental
organizations concerned.
2. The
National EPR has its assisting office located at MONRE (hereinafter referred to
as “EPR Office”). The EPR Office is an independent accounting unit which has
juridical personality, seal and account, and financial autonomy; is entitled to
employ some MONRE’s tenured public officials and public employees who work on a
part-time basis and employees who work under employment contracts.
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Operating
costs of the National EPR Council shall be recorded as operating costs of the
EPR Office. Limits on expenditures of the National EPR Council and EPR
Office shall comply with regulations of law on financial autonomy mechanism
applicable of public service providers and internal spending regulation of
the EPR Office.
3. The
Minister of Natural Resources and Environment shall decide to establish and
promulgate regulations on organization and operation of the National EPR
Council; regulate functions, tasks, powers and organizational structure of the
EPR Office.
4. The
cost of managing, supervising and supporting the fulfillment of product and
packaging recycling responsibility specified in clause 1 Article 81, clause 1
Article 82 of this Decree and cost of managing, supervising and supporting the
waste collection and treatment responsibility specified in clause 3 Article 83,
clause 2 Article 85 of this Decree shall be recorded as the cost of managing,
supervising and supporting the fulfillment of product and packaging recycling
responsibility and waste collection and treatment responsibility.
The
National EPR Council shall decide the amount of funding allocated to cover the
cost of managing, supervising and supporting the fulfillment of product and
packaging recycling responsibility and waste collection and treatment
responsibility for operation of the National EPR Council, EPR Office, and
disbursement and supervision activities of VEPF as prescribed in this Decree.
The
amount allocated to VEPF shall be recorded as its revenues.”.
45.
Article 91 is amended as follows:
a) Point
b of clause 2 is amended as follows:
“b) It
must have capacity for carrying out environmental monitoring of at least one of
the environmental sample backgrounds consisting of: Continental surface water;
wastewater; groundwater; seawater; ambient air; emissions; soil; sediment;
sludge; solid waste; raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants. For each environmental sample
background (except for emission sample) to be certified, the organization must
be fully capable of carrying out both field monitoring and environmental
analysis. The capacity for environmental analysis of each sample background
(except for raw material, fuel, material, product, goods and equipment sample
backgrounds) to be certified shall satisfy the minimum conditions set out in
points c, d, dd, e and g of this clause;”.
b) Points
e and g of clause 2 are amended and point h is added after point g of clause 2
as follows:
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g)
Regarding the capacity for analysis of a sample of soil or sediment or sewage
sludge or solid waste to be certified, it must be fully capable of
environmental analysis of prescribed basic parameters, including pH (except
sediment background); heavy metals (including: As, Cu, Zn, Pb, Ni, Cd, Cr, Hg)
or organic compounds (organochlorine compounds or organophosphorus compounds);
h)
Regarding the analytical parameters to be certified, it must be fully capable
of collecting samples of these parameters.”.
c) Point
a of clause 4 is amended as follows:
“a) There
must be at least 04 full-time officials responsible for environmental analysis
of environmental components and analytical parameters to be certified;
full-time officials responsible for environmental analysis must be fully
capable of environmental analysis of the registered parameters;”.
46.
Clause 2 of Article 97 is amended as follows:
“2.
Entities, wastewater discharge rates and types required to carry out automatic
and continuous monitoring of wastewater and periodic monitoring of wastewater
are specified in the Appendix XXVIII enclosed herewith (except for businesses
which connect their wastewater to the centralized wastewater treatment system,
aquaculture facilities, facilities which have a system for treating wastewater
produced from periodic cleaning of tanks separated from wastewater treatment
systems, facilities which discharge heat exchanging water not containing
chlorine or disinfectants to kill microorganisms and facilities which discharge
water to dewater the mines, overflowing rainwater or domestic water generated
from the mining of minerals as ordinary building materials or limestones). To
be specific:
a) The
entities specified in Column 2 with the discharge rates specified in Column 4
in the Appendix XXVIII shall carry out automatic and continuous monitoring of
wastewater and periodic monitoring of wastewater as specified in clauses 3 and
4 of this Article;
b) The
entities specified in Column 2 with the discharge rates specified in Column 5
in the Appendix XXVIII shall carry out automatic and continuous monitoring of
wastewater or periodic monitoring of wastewater as specified in clauses 3 and 4
of this Article.”.
47. Point
c clause 5 of Article 98 is amended as follows:
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The
owners of the projects and businesses shall send a written notification made
using the form promulgated by MONRE to the licensing authority; if the
environmental license is issued by a central government authority (except cases
classified as national defense and security secrets), a written notification
shall be also sent to the provincial specialized environmental protection
authority for supervision purpose;”.
48.
Clause 5 of Article 111 is amended as follows:
“5. The
Ministry of Agriculture and Rural Development shall:
a)
Provide technical guidance on prevention of and response to environmental
emergencies caused by natural disasters, dyke, lake and dam breach and
domesticated animal diseases;
b)
Preside over advising National Steering Committee for Civil Defense
on organizing response to the national environmental emergencies caused by
natural disasters, dyke, lake and dam breach, forest fire, domesticated animal
diseases; participate in response to the national environmental emergencies as
assigned by the National Steering Committee for Civil Defense.”.
49.
Article 134 is amended as follows:
“Article
134. Tax, fee and charge incentives
1.
Corporate income tax incentive: corporate income obtained from an investment
project on the list of environmental protection activities eligible for
incentives and assistance specified in clauses 1 and 2 in the Appendix XXX
hereof shall be entitled to corporate income tax incentive in accordance with
regulations of law on corporate income tax.
2. Export
duty incentive: Any product manufactured from waste recycling and treatment
activities on the list of environmental protection activities eligible for
incentives and assistance specified in point dd clause 2 in the Appendix XXX
hereof shall be exempt from export duty in accordance with regulations of law
on export and import duties when satisfying all criteria below:
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b) The
conditions for ensuring quality of exports prescribed by the law on quality of
products and goods are complied with;
c)
Production activities are appropriate the registered business lines and
objectives of the project as specified in the investment registration
certificate or investment guideline approval decision (in case the project is
granted an investment registration certificate or investment guideline approval
decision) or equivalent document;
d) Waste
is used as raw materials for production; raw materials being scrap imported
from foreign countries are not used.
The
weight of a product exempted from export duty shall be calculated based on the
weight obtained from recycling and treatment of waste contained in the product
proposed for duty exemption (excluding: Additives; scrap imported from foreign
countries for production; raw materials derived from recycling and waste
treatment activities of other organizations and individuals). Organizations and
individuals shall declare the weight of the product proposed for export tax
exemption based on the actual recycling and waste treatment activities of
enterprises and documents proving their satisfaction of the criteria specified
in points a, b, c and d of this clause according to the form specified in the
Appendix XXXIa to this Decree and also take legal responsibility for the
accuracy upon declaration and provision of information so as for the customs
authority to consider and grant duty exemption according to regulations.
Before
March 31 in the next year, the customs authority where export duty exemption
procedures are followed shall report information on enterprises exempted from
export duty, and the weight and type of exports obtained from recycling and
waste treatment activities to the authority granting the environmental license
or component environmental license to implement measures to manage and inspect
the enterprises' recycling and waste treatment activities in accordance with
the law on environmental protection. The tax-related inspection and examination
shall be carried out as per regulations of law on tax administration.
Organizations
and individuals shall specify the results of exemption of duty on exports
obtained from recycling and treatment activities in the periodic environmental
protection reports of projects and businesses.
3. Import
duty incentive: Specialized machinery, equipment, vehicles, tools and supplies
used in waste treatment and environmental protection works shall be exempt from
import duty in accordance with regulations of law on export and import duty
when satisfying all criteria below:
a)
Specialized machinery, equipment, vehicles, tools and supplies are imported for
use in waste treatment and environmental protection works of projects and
businesses providing centralized domestic solid waste collection, transport and
treatment services and centralized domestic wastewater treatment services
approved by competent authorities in accordance with investment law;
b)
Specialized machinery, equipment, vehicles, tools and supplies which are
imported for use in waste treatment and environmental protection works have
been written in feasibility study reports or documents equivalent to
feasibility study reports of investment projects or expansion investment
projects in accordance with regulations of laws on investment, public
investment, PPP investment and construction;
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d)
Specialized machinery, equipment, vehicles, tools and supplies are not included
in the List of machinery, equipment, replacement parts, special-purpose
vehicles, raw materials, supplies and semi-finished products manufacturable
domestically promulgated by the Minister of Planning and Investment.
An
organization or individual may be exempt from import duty only when they import
specialized machinery, equipment, vehicles, tools or supplies for any project
or business providing services of collection, transport and treatment of
domestic solid waste and domestic wastewater of such project or business. The
organization or individual shall take legal responsibility for the accuracy
upon declaration and provision of information about type and quantity of
imported specialized machinery, equipment, vehicles, tools and supplies and
documents proving their satisfaction of the criteria set out under points a, b,
c and d of this clause according to the form specified in the Appendix XXXIb to
this Decree and also take legal responsibility for the accuracy upon
declaration and provision of information so as for the customs authority to
consider and grant duty exemption as prescribed.
4. Other
tax, fee and charge incentives shall comply with regulations of law on tax,
fees and charges.”.
50.
Article 151 is amended as follows:
a) Clause
2 is amended as follows:
“2. Carry out environmental remediation and
improvement, including:
a) Eliminating environmental pollution, improving
and remediating environment in areas where environmental pollution caused by a
historic event occurs or in the case of failure to identify the entity causing
pollution, consisting of areas contaminated with chemical residues during the
war; areas contaminated with agrochemical residues; other soil pollution areas
within the central government’s treatment jurisdiction; eliminating
inter-provincial river and lake surface water pollution;
b)
Activities serving baseline survey of water resources; water resource
protection activities; restoration of degraded, depleted and polluted water
sources; prevention, response to and recovery from damage caused by water
within the central government jurisdiction, in conformity with regulations of
law on environmental protection and law on water resources;
c) Land
survey and assessment activities; land protection, improvement or restoration
within the central government jurisdiction, in conformity with regulations of
law on environmental protection and law on land.”.
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“d)
Investigating, surveying, aggregating operation figures serving inventory of
greenhouse gas (GHG), assessing GHG emissions at the national, sectoral,
industry and internal levels, making a list of industries and facilities
emitting GHG which are required to inventory GHGs; building and operating
systems for measurement, reporting and verification of mitigation of GHG
emissions at national, sectoral, industry and internal levels; preparing
national and industry-level GHG inventory reports; formulating national and
industry-level GHG mitigation plans; preparing national consolidated report on
GHG emissions mitigation, industry-level report on GHG emissions mitigation;
allocation of GHG emissions quotas;”.
c) Point
e of clause 5 is amended as follows:
“e)
Formulating a national climate change adaptation plan; building national and
industry-level systems for supervising and assessing climate change adaptation;
establishing criteria for determining climate adaptation investment projects
and tasks; establishing criteria for assessing impacts, vulnerabilities and
risks and criteria for assessing loss and damage caused by climate change;
preparing national and industry-level reports on assessment of impacts,
vulnerabilities, risks, loss and damaged caused by climate change;”.
d) Point
b of clause 7 is amended as follows:
“b)
Assessing, reviewing and supervising the compliance with the law on
environmental protection and climate change adaptation;”.
dd) Point
h of clause 9 is amended as follows:
“h)
Managing and disclosing environmental information; operating environmental
information systems, environmental databases and climate change adaptation
databases (including receiving, processing and exchanging information, maintaining,
repairing and replacing information and data storage devices); updating and
assessing statistical indicators, making environmental reports and climate
change adaptation reports; evaluating and ranking environmental protection
results;”.
e) Point
m of clause 9 is amended as follows:
m)
Operations of the Steering Committee, Coordinating Committee, Cross-sectoral
Working Group, Committees and Councils for environmental protection and
adaptation to climate change established by competent authorities; organization
of conferences on environmental protection and adaptation to climate change
under decisions of competent authorities and other administrative tasks in
support of environmental protection and adaptation to climate change;
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“o) Other frequent expenditure state management
activities in relation to environmental protection and adaptation to climate
change within the central government’s jurisdiction as prescribed by law; other
environmental protection and climate change adaptation activities decided by
the Prime Minister.”.
51.
Article 152 is amended as follows:
a) Clause
2 is amended as follows:
“2. Carry
out environmental remediation and improvement, including:
a)
Eliminating environmental pollution, improving and remediating environment in
areas where environmental pollution caused by a historic event occurs or in the
case of failure to identify the entity causing pollution, consisting of areas
contaminated with chemical residues during the war; areas contaminated with
agrochemical residues; other soil pollution areas within the local government’s
treatment jurisdiction; eliminating inter-provincial river and lake surface
water pollution in areas within the local government’s treatment jurisdiction;
b) Activities
serving baseline survey of water resources; water resource protection
activities; restoration of degraded, depleted and polluted water sources;
prevention, response to and recovery from damage caused by water within the
local government jurisdiction, in conformity with regulations of law on
environmental protection and law on water resources;
c) Land
survey and assessment activities; land protection, improvement or restoration
within the local government jurisdiction, in conformity with regulations of law
on environmental protection and law on land.”.
b) Point
d of clause 5 is amended as follows:
d)
Investigating, surveying, aggregating operation figures serving inventory of
greenhouse gas at the national, sectoral and industry levels; updating the list
of facilities emitting GHG which are required to inventory GHGs; monitoring,
supervising and appraising results of GHG inventory at facilities under
management; building and operating provincial systems for measurement,
reporting and verification of mitigation of GHG emissions;”.
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“b)
Assessing, reviewing and supervising the compliance with the law on
environmental protection and climate change adaptation;”.
d) Point
e of clause 9 is amended as follows:
“e) Managing
and disclosing environmental information; operating environmental information
systems, environmental databases and climate change adaptation databases
(including receiving, processing and exchanging information, maintaining,
repairing and replacing information and data storage devices); updating and
assessing statistical indicators, making environmental reports and climate
change adaptation reports; evaluating and ranking environmental protection
results;”.
dd)
Points i and k of clause 9 are amended as follows:
“i)
Operations of the Executive Board and the Standing Office for Environmental
Protection and Climate Change Adaptation decided by the competent authority;
k)
Operations of the Steering Committee, Coordinating Committee, Cross-sectoral
Working Group, Committees and Councils for environmental protection and
adaptation to climate change established by competent authorities; organization
of conferences on environmental protection and adaptation to climate change under
decisions of competent authorities and other administrative tasks in support of
environmental protection and adaptation to climate change;”.
e) Point
m of clause 9 is amended as follows:
“m) Other
frequent expenditure state management activities in relation to environmental
protection and adaptation to climate change within the local government’s
jurisdiction as prescribed by law; other environmental protection and climate
change adaptation activities decided by the Prime Minister.
The
provincial People’s Committee shall request the provincial People’s Council to
make a decision on specific expenditures on environmental protection activities
to be covered by local government budgets.”.
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a) Point
a of clause 1 is amended as follows:
“a)
Expenditures on environmental protection:
Expenditures
on performing the central government’s tasks specified in Article 151 of this
Decree, including: Clause 1; point a of clause 2 including investigation,
survey and assessment of degree of environmental pollution, environmental
elimination; points b and c of clause 2; point a (regarding the application of
information technology eligible for recurrent expenditures under the law on
information technology), points b and c of clause 3; clause 4; points a and c
(except for points d and g clause 3, Article 73 of the Law on Biodiversity),
points d, dd, e and g of clause 5; point a of clause 7; points a and c of
clause 8 (reciprocal capital for environment service projects funded by aid);
points a, b, dd, e, g, h, i, k and l of clause 9.
Expenditures
on performing the local government’s tasks specified in Article 152 of this
Decree, including: Points a and b of clause 1; point a of clause 2 including
investigation, survey and assessment of degree of environmental pollution,
environmental elimination; points b and c of clause 2; point b (regarding the
application of information technology eligible for recurrent expenditures under
the law on information technology), points c and d of clause 3; clause 4;
points a and c (except for points d and g clause 3, Article 73 of the Law on
Biodiversity), points d, dd, e and g of clause 5; point a of clause 7; points a
and b of clause 8 (reciprocal capital for environment service projects funded
by aid); points a, b, dd, e, g, h and i of clause 9.”.
b) Clause
2 is amended as follows:
“2. State budget for covering development
investment expenditures on environmental protection:
a)
Expenditures on performing the central government’s tasks specified in Article
151 of this Decree, including: Clause 2 (according to the investment projects),
point a of clause 3 (regarding the application of information technology
eligible for development investment expenditures under the law on information
technology), points b and h of clause 5, point c of clause 8 (reciprocal
capital for investment projects funded by aid), points c and n of clause 9;
b)
Expenditures on performing the local government’s tasks specified in Article
152 of this Decree, including: Points c and d of clause 1, clause 2 (according
to the investment projects), points a and b of clause 3 (regarding the
application of information technology eligible for development investment
expenditures under the law on information technology), points b and h of clause
5, point c of clause 8 (reciprocal capital for investment projects funded by
aid), points l of clause 9;”.
53.
Article 160 is amended as follows:
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“i) The
Ministry of Finance shall develop, promulgate or submit to competent
authorities for promulgation of regulations on management and use of deposits
on environmental protection, establishment of domestic carbon market and green
procurement according to regulations of law; aggregate and request competent
agencies to allocate state budget for covering recurrent expenditures on
environmental protection activities in accordance with law; organize the
implementation of policies and laws on environmental protection in the customs
field;”.
b) Point
l of clause 2 is amended as follows:
“l) The
State Bank of Vietnam shall organize the implementation of policies for
environmental risk management during grant of green credit.”.
54.
Article 163 is amended as follows:
a) Points
dd and e of clause 5 are amended as follows:
“dd)
Duration of the inspection:
The
duration of an inspection of an organization, household or individual shall not
exceed 07 days from the date of commencement of the inspection at the place of
inspection. If the case is complicated and requires extensive inspection, the
duration can be extended once for up to 07 more days. The duration shall not
include the time of analysis, assessment and inspection of environmental
samples (if any).
The
duration of an inspection of multiple organizations, households or individuals
shall not exceed 30 days from the date of commencement of the inspection at the
place of inspection. If the case is complicated and requires extensive
inspection, the duration can be extended once for up to 15 more days. The
duration shall not include the time of analysis, assessment and inspection of
environmental samples (if any).
Form of
the decision on inspectorate establishment or extension of inspection duration
shall be prescribed by MONRE;
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b) Point
h of clause 5 is amended as follows:
“h) The inspection shall be made into a record
bearing the signatures and seals of the inspectorate’s chief or inspectorate’s
deputy chief, organization’s legal representative (if any) as prescribed by
law, and signature and full name of the inspected household’s or individual’s
representative;”.
c) Point
k is added after point i of clause 5 as follows:
“k)
Before the unexpected inspection without prior notice, members of the
inspectorate, public officials and public employees concerned must not notify
and provide information about the process of proposal and issuance of
unexpected inspection decision to the inspected entity.”.
55.
Article 168 is amended as follows:
a) Clause
9 is amended as follows:
“9. Any
group I investment project specified in the Appendix III hereof which has had
its EIAR approved by the competent authority is not subject to preliminary EIA
in any of the following cases:
a) The
project has its EIAR approved by the competent authority before the effective
date of this Decree with the result showing that the report was passed without
any correction or addition or has its EIAR approved within 24 months before the
effective date of this Decree;
b) The
project has its EIAR approved by the competent authority but is yet to have its
EIAR appraisal result approved but there is a change other than that specified
in clause 2 Article 27 of this Decree, except where the result is not
approved.”.
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“12.
Where one of the component environmental licenses of a business, dedicated area
for production, business operation and service provision or industrial cluster
is expired, its owner shall prepare an application for issuance of the
environmental license as prescribed in this Decree, except where the license to
discharge wastewater into water source or license to discharge wastewater into
hydraulic structure is expired but another component environmental license
remains unexpired as prescribed.”.
c) Clause
14 is amended as follows:
“14. Any
investment project that has gone through construction process but has not yet
been put into operation (whether it is trial operation in case there are waste
treatment works that have to undergo trial operation or official operation in
case of no waste treatment works that have to undergo trial operation) or
operating business which has not yet obtained the decision on approval of EIAR appraisal
result, component environmental license or environmental license under
regulations of law on environmental protection shall incur a penalty according
to the Government's regulations on penalties for administrative violations
against regulations on environmental protection. If, after the penalty is
imposed, the investment project or business is not contrary to the planning; is
suitable for environmental zoning and carrying capacity of environment, the
investment project owner or business owner shall comply with the following
regulations:
a) For
the investment project that is going through construction process and satisfies
the environmental criteria equivalent to a subject required to prepare an EIAR
but is not specified in point b of this clause, the investment project owner
shall prepare an EIAR for the investment project that involves review,
renovation, upgradation or addition of environmental protection works or
environmental protection measures and submit it to a competent authority for
approval of appraisal result as prescribed;
b) For
the investment project that has not yet been put into operation and satisfies
the environmental criteria equivalent to a subject required to prepare an EIAR
and obtain an environmental license, the investment project owner or business
owner shall prepare an EIAR for the investment project that involves review,
renovation, upgrading or addition of environmental protection works or
environmental protection measures, submit it to a competent authority for
approval of appraisal result as prescribed and comply with regulations of law
on environmental protection applicable to such project;
c) For
the operating business that satisfies the environmental criteria equivalent to
a subject required to obtain the environmental license and prepare an EIAR but
fails to have the decision on approval of EIAR appraisal result, environmental
license or component environmental license, the business owner shall prepare an
application for issuance of the environmental license for the business and
submit it to a licensing authority (which is the authority competent to approve
EIAR appraisal result with respect to the investment project that satisfies the
environmental criteria equivalent to such business in case such business has
not had its EIAR appraisal result approved).
Regarding
form of the report on proposal for issuance of environmental license, the
regulations specified in clause 3 Article 28 of this Decree shall be complied
with;
d) For
the operating business that satisfies the environmental criteria equivalent to
a subject required to obtain the environmental license and not required to
prepare an EIAR but fails to have the component environmental license or
environmental license, the business owner shall prepare an application for issuance
of the environmental license for the business and submit it to the authority
competent to issue the environmental license as prescribed.
Regarding
form of the report on proposal for issuance of environmental license, the
regulations specified in clause 3 Article 28 of this Decree shall be complied
with;
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e) For
the business located in at least 02 district-level administrative divisions,
the provincial People’s Committee has the power to issue the environmental
license, except for the cases specified in clauses 1 and 2 Article 41 of the
LEP.”.
d) Clause
15 is amended as follows:
“15. Any
investment project that has gone through construction process but has not yet
been put into operation and has not yet obtained the certificate of
registration of the environmental protection plan or equivalent environmental
dossiers according to regulations, the following regulations shall be complied
with:
a) For
the investment project or business that satisfies the environmental criteria
equivalent to a subject required to obtain the environmental license, it shall
incur a penalty according to the Government’s regulations on penalties for
administrative violations against regulations on environmental protection. If
the investment project or business is not contrary to the planning; is suitable
for environmental zoning and carrying capacity of environment, the investment
project owner or business owner shall prepare an application for issuance of
environmental license and submit it to the licensing authority as prescribed.
Regarding
form of the report on proposal for issuance of environmental license, the
regulations specified in clause 3 Article 28 of this Decree shall be complied
with;
b) For
the investment project or business that satisfies the environmental criteria
equivalent to a subject required to carry out environmental registration, the
investment project owner or business owner shall carry out environmental
registration as prescribed.”.
dd) Clause
20 is added after clause 19 as follows:
“20. In
case of discrepancies between the waste monitoring program approved under the
environmental documentation of an operating business, dedicated area for
production, business operation and service provision or industrial cluster as
prescribed by law before the effective date of this Decree and this Decree, the
latter shall prevail.”.
56. The
Appendices I, II, III, IV, V, VIII, IX, X, XI, XIII, XV, XVI, XVII, XVIII and
XXIX are amended; Appendices VIa and VIb are added before the Appendix VI;
Appendices XXXIa and XXXIb are added before the Appendix XXXI in the
Appendix section of the Government's Decree No. 08/2022/ND-CP dated January 10,
2022 on elaboration of several Articles of the Law on Environmental Protection.
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1.
Several Appendices are replaced:
a)
Appendix XXII;
b)
Appendix XXIII.
2.
Several phrases are replaced:
a) The
phrase “Ủy ban quốc gia ứng phó sự cố, thiên tai và Tìm kiếm cứu nạn”
(“National Committee for Search and Rescue”) in clause 2 of Article 109 and
clause 1 of Article 110 is replaced with the phrase “Ban chỉ đạo Phòng thủ dân
sự quốc gia” (“National Steering Committee for Civil Defense”);
b) The
phrase “Lực lượng Cảnh sát phòng, chống tội phạm về môi trường” (“Environmental
Crime Prevention and Control Police shall”) in Article 163 and Article 164 is
replaced with the phrase “Đơn vị Công an nhân dân có chức năng, nhiệm vụ phòng,
chống tội phạm về môi trường” (“Public’s Security Unit having the functions and
tasks of environmental crime prevention and control”).
3. Point
b clause 4 Article 65, clause 7 of Article 79, point c clause of Article 83,
clause 2 of Article 162, clause 1 and points a, d and dd clause 2 of Article
167, Appendix XII are repealed.
Article 3. Amending and repealing certain Articles of
related Decrees
1.
Several Articles of the Government’s Decree No. 134/2016/ND-CP dated September
01, 2016 on guidelines for the Law on Export and Import Duties are amended and
repealed as follows:
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“3.
Criteria for identification of specialized machinery, equipment, vehicles,
tools and supplies imported for environmental protection and exported products
manufactured from waste recycling and treatment activities shall comply with
regulations of law on envoronmental protection.”.
b) Clause
6 of Article 40 is repealed.
2.
Several Articles of the Government’s Decree No. 31/2021/ND-CP dated March 26,
2021 on elaboration of some Articles of the Law on Investment are amended as
follows:
a) Clause
4 of Article 32 is amended as follows:
“4.
Within 15 days from the receipt of the Ministry of Planning and Investment’s
request for opinions, the enquired authorities shall give their appraisal
opinions about the contents under their state management to the Ministry of
Planning and Investment.
If the
project is subject to EIA as per regulations of law on environmental
protection, MONRE shall fulfill the responsibility specified in this clause for
contents of EIA.”.
b) Point
c clause 4 of Article 33 is amended as follows:
“c)
Within 15 days from the receipt of the investment registration authority’s
request for opinions, the enquired authorities shall give their appraisal
opinions about the contents under their state management to the investment
registration authority.
If the
project is subject to EIA as per regulations of law on environmental
protection, the provincial specialized environmental protection authority shall
fulfill the responsibility specified in this clause for contents of EIA.”.
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This
Decree comes into force from the date on which it is signed.
Article 5. Transitional clauses
1. Any
sufficient and valid document received by the competent authority to be
processed following the environmental administrative procedures before the
effective date of this Decree (except for transitional clauses prescribed in
Article 168 of the Decree No. 08/2022/ND-CP) shall continue to be processed
according to the regulations at the time of receipt, except where an
organization or individual requests that it be processed in compliance with
this Decree.
The
consultation dossiers used in EIA prepared in accordance with law before the
effective date of this Decree shall continue to be used in the process of
handling environmental administrative procedures in accordance with this
Decree.
2. Any
project or business granted an environmental license before the effective date
of this Decree but not required to obtain an environmental license as
prescribed in this Decree may choose to continue using the granted
environmental license until its expiry date or comply with other regulations on
environmental protection. The granted environmental license will expire in case
the investment project owner or business owner follows environmental
registration procedures according to regulations or expire in case the project
or business is exempt from environmental registration.
3. Any
project or business granted an environmental license or component environmental
license which covers the import of scrap from foreign countries as raw
materials for production by the competent authority before the effective date
of this Decree shall continue the import until the expiry date of the
environmental license or component environmental license.
4. Each
provincial People's Committee shall appraise the application for issuance of
environmental license and issue the environmental license to any project or
business which has its EIAR appraisal result approved by MONRE in accordance
with regulations of law at the time before the effective date of this Decree
and falls into one of the following cases:
a) The
project is not specified in the Appendix III of the Government’s Decree No.
08/2022/ND-CP amended by clause 56 Article 1 of this Decree, except for the
projects that fall into one of the cases: it is located in at least 02
provincial-level administrative divisions; it is located within the territorial
waters to which responsibility of the provincial People’s Committee for
administrative management are yet to be assigned; the wastewater receiving body
is the inter-provincial surface water source announced by MONRE in accordance
with regulations of law on water resources;
b) The
project falls into the case specified in clause 1 Article 26a of the
Government’s Decree No. 08/2022/ND-CP amended by clause 7 Article 1 of this
Decree;
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The time
limit and fees for appraisal of applications for issuance for environmental
license in the cases specified in this clause are the same as those for
projects and businesses under the authority of the provincial People's
Committee.
5. Any
operating business which is required to obtain an environmental license within
36 months from the effective date of the Law on Environmental Protection as
prescribed in point d clause 2 Article 42 of the Law on Environmental
Protection but is not required to obtain an environmental license as prescribed
in this Decree shall carry out environmental registration before April 01,
2025, unless it is exempt from environmental registration.
6. Any
owner of the business which is operating but fails to have a component
environmental license as prescribed must conduct trial operation of waste
treatment works as prescribed in Article 31 of the Government’s Decree No.
08/2022/ND-CP amended by clause 13 Article 1 of this Decree.
7. Where
the appraisal result for the application for issuance of environmental license
is available and the application is being revised and supplemented before the
effective date of this Decree, the project owner or business owner shall,
within 12 months from the effective date of this Decree, complete the
application and submit it to the licensing authority in order to obtain the
environmental license by the prescribed deadline. After this deadline, the
licensing shall be subject to the regulations set out in Article 43 of the Law
on Environmental Protection.
Article 6. Responsibility for implementation
1.
Ministers, ministerial agencies, Governmental agencies, provincial People’s
Committees shall provide guidelines for implementation of Articles and clauses
assigned in this Decree and review promulgated documents to amend or replace
them so that they conform to this Decree.
2.
Ministers, heads of ministerial agencies, heads of Governmental agencies,
Chairpersons of People’s Committees at all levels, organizations and
individuals concerned are responsible for the implementation of this Decree.
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APPENDIX
AMENDMENTS
TO SOME APPENDICES TO THE GOVERNMENT’S DECREE NO. 08/2022/ND-CP DATED JANUARY
10, 2022 ON ELABORATION OF SEVERAL ARTICLES OF THE LAW ON ENVIRONMENTAL
PROTECTION
(Enclosed with the Government’s Decree No. 05/2025/ND-CP dated January 06,
2025)
1. The
ordinal number 3 section I is amended; ordinal numbers 1.14 and 1.15 are added
to section II.1 of the Appendix I as follows:
No.
Entry
I
National and regional
strategies for industry and field development
3
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II
Planning
1
National sector planning
1.14
Comprehensive planning for sustainable
exploitation and use of coastal resources
1.15
Tourism system planning
2. Appendix
II is amended as follows:
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LIST
OF TYPES OF PRODUCTION, BUSINESS AND SERVICES LIKELY TO CAUSE ENVIRONMENTAL
POLLUTION
No.
Type
of production, business and service likely to cause environmental pollution
Capacity
Large
Medium
Small
(1)
(2)
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(4)
(5)
I
Level I
1
Enrichment and processing of
toxic minerals and metallic minerals; processing of minerals using toxic chemicals;1
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Less than 200,000 tonnes of ore
usable as input materials/year
Not available
Glass production (except for
types using gas, DO without silicon refining)2
At least 200,000 tonnes of products/year
Less than 5,000 to less than
200,000 tonnes of products/year
Less than 5,000 tonnes of
products/year
2
Production of meals (unless there
is only one or more stages: workpiece material rolling; drawing; casting)3
At least 300,000 tonnes of products/year
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Not available
3
Production of paper and paper
products (involving the production of pulp or the use of recycled materials)4
At least 50,000 tonnes of
products/year
From 5,000 to less than 50,000
tonnes of products/year
Less than 5,000 tonnes of
products/year
4
Production of basic inorganic
chemicals (except industrial gases)5, chemical fertilizers (unless
there is only one or more stages: grinding; blending; pelleting; division and
packaging)6, agrochemicals (unless there is only one or more
stages: blending; division; packaging)7
At least 5,000 tonnes of
products/year
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Less than 1,000 tonnes of
products/year
5
Production of fabrics and yarns,
textile production (involving one of the following stages: dyeing; denim dry;
yarn sizing)8
At least 50,000,000 m2/year
or at least 10,000 tonnes of products/year in case of yarn production
From 5,000,000 to less than
50,000,000 m2/year or at least 1,000 tonnes of products/year to
less than 10,000 tonnes of products/year in case of yarn production
Less than 5,000,000 m2/year
or less than 1,000 tonnes of products/year
6
Leather production (by tanning
process)9; tanning
At least 10,000 tonnes of
products/year
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Less than 1,000 tonnes of
products/year
7
Exploitation of crude oil and
natural gas10
All
Not available
Not available
Oil refinery and petrochemical11
At least 1,000,000 tonnes of
products/year
Less than 1,000,000 tonnes of
products/year
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8
Coal-fired power12
At least 600 MW
Less than 600 MW
Not available
Coke production13
At least 100,000 tonnes of
products/year
Less than 100,000 tonnes of
products/year
Not available
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At least 50,000 m3 of
gas/hour
Less than 50,000 m3/hour
Not available
II
Level I
9
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At least 500 tonnes/day
Less than 500 tonnes/day
Not available
Hazardous waste recycling and
treatment services16; breaking of used ships17; import
of scrap from foreign countries as raw materials for production18
All
Not available
Not available
10
Production of products involving
plating; plating involving cleaning of metal surfaces with chemicals, except
the case specified in the ordinal number 17 of this column19
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From 1,000 to less than 10,000
tonnes of products/year
Less than 1,000 tonnes of
products/year
11
Cell and battery production20
At least 600 tonnes of products
or at least 200,000 KWh/year
At least 600 tonnes of products
or less than 200,000 KWh/year
Not available
12
Cement production (involving
clinker production)21
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Less than 1,200,000 tonnes/day
Not available
III
Level III
13
Rubber latex processing22
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From 6,000 to less than 15,000
tonnes/year
Less than 6,000 tonnes/day
14
Production of tapioca and monosodium
glutamate23
At least 10,000 tonnes of
products/year
From 500 to less than 10,000
tonnes of products/year
From 5 to less than 500 tonnes of
products/year
Production of beer, carbonated
soft drinks, spirit (unless it is only made from alcohol)24
At least 30 million liters/year
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From 50,000 liters to less than
01 million liters/year
Industrial alcohol production25
At least 02 million liters/year
From 0.5 million to less than 02
million liters/year
Less than 0.5 liters/year
15
Production of sugar from sugar
cane26
At least 10,000 tonnes of
products/year
From 500 to less than 10,000
tonnes of products/year
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16
Fisheries product processing27
At least 20,000 tonnes of
products/year
From 1,000 to less than 20,000
tonnes of products/year
From 100 to less than 1,000
tonnes of products/year
Investment and business in cattle
and poultry slaughterhouses28
At least 1,000 cattle heads/day
or at least 10,000 poultry heads/day
From 100 to less than 1,000
cattle heads/day or from 1,000 to less than 10,000 poultry heads/day
From 20 to less than 100 cattle
heads or from 200 to less than 1,000 poultry heads/day
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At least 3,000 livestock units
From 300 to less than 3,000
livestock units
From 10 to less than 300
livestock units
17
Manufacture of computer,
electronic and optical products30 (involving one of the following
stages: plating; coating with paint or chemicals; cleaning with toxic chemicals;
processing and repair of goods on the List of used information technology
products prohibited from import as ordered by foreign traders for selling
abroad)
At least 50,000,000 tonnes of
products/year
From 100,000 products/year to
less than 50,000,000 products/year
Less than 100,000 tonnes of
products/year
Manufacture of electrical
equipment31 (involving one of the following stages: plating;
coating with paint or chemicals; cleaning with toxic chemicals)
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From 100 tonnes of products/year
to less than 50,000 tonnes of products/year
Less than 100 tonnes of
products/year
___________________
1 Section B under the
Vietnam Standard Industrial Classification; toxic minerals under regulations of
law on minerals; toxic chemicals under regulations of law on chemicals
2 Group 231 under the
Vietnam Standard Industrial Classification.
3 Division 24 under the
Vietnam Standard Industrial Classification.
4 Division 17 under the
Vietnam Standard Industrial Classification.
5 Sub-classes 20112,
20113, 20119 under the Vietnam Standard Industrial Classification (except
manufacture of only organic chemicals).
6 Class 2012 under the
Vietnam Standard Industrial Classification (except manufacture of only organic
fertilizers).
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8 Division 13 under the
Vietnam Standard Industrial Classification.
9 Division 15 under the
Vietnam Standard Industrial Classification.
10 Division 06 under the
Vietnam Standard Industrial Classification.
11 Sub-classes 429, 20
(manufacture of petrochemicals from refined petroleum), 192 under the Vietnam
Standard Industrial Classification.
12 Sub-class 35112 under
the Vietnam Standard Industrial Classification.
13 Group 191 under the
Vietnam Standard Industrial Classification.
14 Sub-class 35201 under
the Vietnam Standard Industrial Classification.
15 Division 38 under the
Vietnam Standard Industrial Classification (involving domestic solid waste and
normal industrial solid waste recycling and treatment services under regulations
of law on environmental protection).
16 Division 38 under the
Vietnam Standard Industrial Classification (involving hazardous waste recycling
and treatment services under regulations of law on environmental protection).
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18 Industry codes under
the Vietnam Standard Industrial Classification (involving the use of scrap
imported from foreign countries as raw materials for production).
19 Industry codes under
the Vietnam Standard Industrial Classification (involving plating; plating
involving cleaning of metal surfaces with chemicals, except the case specified
in the ordinal number 17 of this column).
20 Sub-class 27200 under
the Vietnam Standard Industrial Classification.
21 Sub-class 23941 under
the Vietnam Standard Industrial Classification (involving the clinker
production).
22 Class 0125 and Group
221 under the Vietnam Standard Industrial Classification (involving the
processing of rubber latex).
23 Class 1062 under the
Vietnam Standard Industrial Classification (involving the production of tapioca
and monosodium glutamate2.
24 Classes 1101, 1102,
1103 under the Vietnam Standard Industrial Classification.
25 Industry codes under
the Vietnam Standard Industrial Classification (involving the production of
industrial alcohol).
26 Class 1072 under the
Vietnam Standard Industrial Classification.
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28 Sub-class 10101 under
the Vietnam Standard Industrial Classification.
29 Group 014 under the
Vietnam Standard Industrial Classification; capacity based on the maximum
capacity at the time of farming.
30 Division 26 under the
Vietnam Standard Industrial Classification (involving one of the following
stages: plating, coating with paint or chemicals, cleaning with toxic chemicals
under regulations of law on chemicals).
31 Division 27 under the
Vietnam Standard Industrial Classification (involving one of the following
stages: plating, coating with paint or chemicals, cleaning with toxic chemicals
under regulations of law on chemicals).
3. Appendix
III is amended as follows:
Appendix
III
LIST
OF GROUP I INVESTMENT PROJECTS POSING A HIGH RISK OF ADVERSE ENVIRONMENTAL
IMPACTS SPECIFIED IN CLAUSE 3 ARTICLE 28 OF THE LAW ON ENVIRONMENTAL PROTECTION
No.
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Scale,
capacity/environmental sensitivity/power to issue natural resource extraction
license
(1)
(2)
(3)
I
Investment projects specified
in point a clause 3 Article 28 of the Law on Environmental Protection
1
Investment projects with
construction constituents which are subject to decision on investment
policies or approval for investment policies by the National Assembly or the
Prime Minister (except for projects on passenger air transport business; on
provision of betting and casino services, excluding business in prize-winning
electronic games for foreigners; on provision of telecommunications services
with network infrastructure, on afforestation, on publication, on press under
the law on investment).
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2
Hazardous waste recycling and
treatment service projects; used ship breaking projects; projects involving the
import of scrap from foreign countries as raw materials for production;
projects on nuclear react construction and nuclear power
All
3
Projects involved in types of
production, business and services likely to cause environmental pollution
with large capacity specified in Column 3 Appendix II enclosed with this
Decree
All
II
Investment projects specified
in point b clause 3 Article 28 of the Law on Environmental Protection
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Projects involved in types of
production, business and services likely to cause environmental pollution
with medium capacity specified in Column 4 Appendix II enclosed with this
Decree
Having environmentally sensitive
factors specified in clause 4 Article 25 of this Decree
5
Group A projects with
construction constituents which are classified according to the criteria
prescribed by regulations of law on public investment and construction and
not involved in types of production, business and services likely to cause
environmental pollution
Having environmentally sensitive
factors specified in clause 4 Article 25 of this Decree
III.
Investment projects specified
in points c and d clause 3 Article 28 of the Law on Environmental Protection
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Falling into one of the following
cases:
a) The project has a total area
of 100 ha or more;
b) The project has a total area
of 50 ha to less than 100 ha and any of the environmentally sensitive factors
specified in clause 4 Article 25 of this Decree, except for the cases
specified in the ordinal numbers 7 and 8 of this Appendix.
7
a) Projects using land or land
with water surface of wildlife sanctuaries, special-use forests, protection
forests, land covered by natural forest, protected areas of aquatic
resources, significant wetlands, biosphere reserves, world natural heritage
sites (except for work construction investment projects approved by competent
authorities having only one or more objectives: serving management and
protection of forests; nature and biodiversity conservation; forest fire
prevention and fighting; silviculture);
The project has a total area of
50 ha to less than 100 ha and falls into one of the following cases:
a) It uses land or land with
water surface of a wildlife sanctuary, special-use forest or protected area
of aquatic resources;
b) It uses land or land with
water surface of core zone of a biosphere reserve or of 0.5 ha or more of
buffer zone of a world natural heritage site, buffer zone of a biosphere
reserve or buffer zone of a wildlife sanctuary;
c) It uses land or land with
water surface of 0.2 ha or more of a significant wetland;
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b) Projects requesting
repurposing of land or land with water surface of wildlife sanctuaries, world
natural heritage sites, biosphere reserves, significant wetlands, special-use
forests, protection forests or land covered by natural forest (except for
work construction investment projects approved by competent authorities
having only one or more objectives: serving management and protection of
forests; nature and biodiversity conservation; forest fire prevention and
fighting; silviculture)
The project has a total area of
50 ha to less than 100 ha and falls into one of the following cases:
a) It requests repurposing of
land or land with water surface of a wildlife sanctuary, special-use forest
or core zone of a biosphere reserve;
b) It requests repurposing of
land or land with water surface of 0.5 ha or more of land of buffer zone of a
world natural heritage site, buffer zone of a biosphere reserve or buffer
zone of a wildlife sanctuary or requests repurposing of land or land with
water surface of 0.5 ha or more of buffer zone of a world natural heritage
site, buffer zone of a biosphere reserve or buffer zone of a wildlife
sanctuary where the water surface is not connected to the core zone of that
world natural heritage site, biosphere reserve or wildlife sanctuary;
c) It requests repurposing of
land or land with water surface of a significant wetland; land with water
surface of buffer zone of a world natural heritage site, buffer zone of a
biosphere reserve or buffer zone of a wildlife sanctuary where the water
surface is connected to the core zone of that world natural heritage site,
biosphere reserve or wildlife sanctuary;
d) It uses land or land with
water surface of 0.1 ha or more of land covered by natural forest or 0.1 ha
or more of a protection forest.
c) Projects requesting
repurposing of land meant for growing wet rice during 02 or more cropping
seasons
The project has a total area of
50 ha to less than 100 ha and requests repurposing of land meant for growing
wet rice during 02 or more cropping seasons of 05 ha or more
8
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The project has a total area of
50 ha to less than 100 ha
9
a) Projects using sea area
(except for aquaculture projects not adopting intensive or semi-intensive
methods under regulations of law on fisheries)
Under sea area assignment
authority of the Ministry of Natural Resources and Environment and 10 ha or
more of total size of sea area used
b)
Projects involving ocean dumping
Under the authority to issue
ocean dumping permit of the Ministry of Natural Resources and Environment
IV.
Investment projects specified
in points d and e clause 3 Article 28 of the Law on Environmental Protection
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Mineral mining projects (except
work construction investment project that involves the recovery of minerals
for use as common building materials in the area where the project is
executed or a project on combined dredging and recovery of minerals in the
area where the project is executed); projects on exploitation and use of
water resources.
Under the authority to issue
mining licenses and licenses to exploit and use water resources of the
Ministry of Natural Resources and Environment
11
Projects requesting resettlement
From 10,000 persons in
mountainous areas or from 20,000 persons in other areas
V.
Expansion investment projects
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The increase in scale and
capacity (including the part of the project that is still in progress, the
part of the operating businesses and the increased part up to a level
equivalent to the projects in this Appendix) is determined as follows:
a) There is a change as specified
in point d clause 2 or point b, c, d, dd, k, l or m clause 6 Article 27 of
this Decree;
b) The increase in scale of or
capacity for production, business or services in the case specified in point
a or c clause 3 Article 27 of this Decree by at least 30% results in
increasingly adverse impacts on the environment as specified in clause 5
Article 27 of this Decree.
VI.
Projects having one of the
items equivalent to the abovementioned ordinal numbers
4. Appendix
IV is amended as follows:
Appendix
IV
LIST
OF GROUP II INVESTMENT PROJECTS POSING A HIGH RISK OF ADVERSE ENVIRONMENTAL
IMPACTS SPECIFIED IN CLAUSE 4 ARTICLE 28 OF THE LAW ON ENVIRONMENTAL
PROTECTION, EXCEPT FOR THE PROJECTS SPECIFIED IN APPENDIX III ENCLOSED WITH
THIS DECREE
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Investment
project
Scale,
capacity/environmental sensitivity/power to issue natural resource extraction
license
(1)
(2)
(3)
I
Investment projects specified in
points a and b clause 4 Article 28 of the Law on Environmental Protection
1
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All
2
Small-capacity projects involved
in types of production, business and services that is likely to cause
environmental pollution specified in Column 5 Appendix II hereof
Having environmentally sensitive
factors specified in clause 4 Article 25 of this Decree
3
Group B or C projects with
construction constituents which are classified according to the criteria
prescribed by regulations of law on public investment and construction and
not involved in types of production, business and services likely to cause
environmental pollution
II
Investment projects specified
in points c and d clause 4 Article 28 of the Law on Environmental Protection
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a) Projects using land or land with
water surface (except for projects on forest development, silviculture under
regulations of law on forestry, aquaculture projects not adopting intensive
or semi-intensive methods under regulations of law on fisheries);
Falling into one of the following
cases:
a) The project has a total area
of 50 ha to less than 100 ha;
b) The project has total area of
less than 50 ha and any of the environmentally sensitive factors specified in
clause 4 Article 25 of this Decree, except for the cases specified in the ordinal
numbers 5 and 6 of this Appendix.
b) Projects on investment in
construction and commercial operation of industrial clusters’ infrastructure.
All
5
a) Projects using land or land
with water surface of wildlife sanctuaries, special-use forests, protection
forests, land on which natural forests exist, protected zones of aquatic
resources, significant wetlands, biosphere reserves, world natural heritage
sites (except for work construction investment projects on approved by
competent authorities having only one or more objectives: serving management
and protection of forests; nature and biodiversity conservation; forest fire
prevention and fighting; silviculture);
The project has a total area of
less than 50 ha and falls into one of the following cases:
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b) It uses land or land with
water surface of core zone of a biosphere reserve or of 0.5 ha or more of
buffer zone of a world natural heritage site, buffer zone of a biosphere
reserve or buffer zone of a wildlife sanctuary;
c) It uses land or land with
water surface of 0.2 ha or more of a significant wetland;
d) It uses land or land with
water surface of 0.2 ha or more of land covered by natural forest or 0.2 ha
or more of a protection forest.
b) Projects requesting
repurposing of land or land with water surface of wildlife sanctuaries, world
natural heritage sites, biosphere reserves, significant wetlands, special-use
forests, protection forests or land covered by natural forest (except for
work construction investment projects approved by competent authorities
having only one or more objectives: serving management and protection of
forests; nature and biodiversity conservation; forest fire prevention and
fighting; silviculture)
The project has a total area of
less than 50 ha and falls into one of the following cases:
a) It requests repurposing of
land or land with water surface of a wildlife sanctuary, special-use forest
or core zone of a biosphere reserve;
b) It requests repurposing of
land or land with water surface of 0.5 ha or more of land of buffer zone of a
world natural heritage site, buffer zone of a biosphere reserve or buffer
zone of a wildlife sanctuary or requests repurposing of land or land with
water surface of 0.5 ha or more of buffer zone of a world natural heritage
site, buffer zone of a biosphere reserve or buffer zone of a wildlife
sanctuary where the water surface is not connected to the core zone of that
world natural heritage site, biosphere reserve or wildlife sanctuary;
c) It requests repurposing of
land or land with water surface of a significant wetland; land with water
surface of buffer zone of a world natural heritage site, buffer zone of a
biosphere reserve or buffer zone of a wildlife sanctuary where the water
surface is connected to the core zone of that world natural heritage site,
biosphere reserve or wildlife sanctuary;
d) It uses land or land with
water surface of 0.1 ha or more of land covered by natural forest or 0.1 ha
or more of a protection forest.
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The project has a total area of
less than 50 ha and requests repurposing of land meant for growing wet rice
during 02 or more cropping seasons of 05 ha or more
6
Projects using land or land with
water surface of world heritage sites, historical and cultural
sites/monuments or scenic landscape areas ranked as national or special
national sites/monuments or scenic landscape areas as prescribed by
regulations of law on cultural heritage (except for the following work
construction investment projects approved by competent authorities: projects
which have only one or more objectives: preservation, renovation, restoration
and conservation of historical and cultural sites/monuments and scenic
landscapes; projects aimed at serving the environmental hygiene and
management, protection of historical and cultural sites/monuments and scenic
landscapes; maintenance and repair projects intended for ensuring traffic
safety)
The project has a total area of
less than 50 ha
7
a) Projects using sea area
(except for aquaculture projects not adopting intensive or semi-intensive
methods under regulations of law on fisheries)
Under sea area assignment
authority of the provincial People’s Committee and 10 ha or more of total
size of sea area used
b) Projects involving ocean
dumping
Under the authority to issue
ocean dumping permit of the provincial People’s Committee
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Under the authority to assign sea
area for land reclamation of the provincial People’s Committee
III
Investment projects specified
in points d and e clause 4 Article 28 of the Law on Environmental Protection
8
Mineral mining projects (except
work construction investment project that involves the recovery of minerals
for use as common building materials in the area where the project is
executed or a project on combined dredging and recovery of minerals in the
area where the project is executed); projects on exploitation and use of
water resources.
Under the authority to issue
mining licenses and licenses to extract and use water resources of the
provincial People’s Committee (except groundwater exploitation capacity less
than 500 m3 per 24 hours or surface water exploitation capacity
less than 500 m3 per 24 hours)
9
Projects requesting relocation
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IV
Expansion investment projects
10
Investment projects aimed at
increasing scale and capacity of investment projects that are still in
progress prior to operation or of operating businesses and industrial
clusters
The increase in scale of and
capacity (including the part of the project that is still in progress, the
part of the operating businesses and the increased part up to a level
equivalent to the projects in this Appendix) is determined as follows:
a) There is a change as specified
in point d clause 2 or point b, c, d, dd, k, l or m clause 6 Article 27 of
this Decree;
b) The increase in scale of or
capacity for production, business or services in the case specified in point
a or c clause 3 Article 27 of this Decree by at least 30% results in
increasingly adverse impacts on the environment as specified in clause 5
Article 27 of this Decree.
V
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5. Appendix
V is amended as follows:
Appendix
V
LIST
OF GROUP III INVESTMENT PROJECTS POSING LITTLE RISK OF ADVERSE ENVIRONMENTAL
IMPACTS SPECIFIED IN CLAUSE 5 ARTICLE 28 OF THE LAW ON ENVIRONMENTAL PROTECT,
EXCEPT PROJECTS SPECIFIED IN APPENDIX III AND APPENDIX IV ENCLOSE WITH THIS
DECREE
No.
Investment
project
Environmental
properties or total weight of solid waste generated from project
I
Investment project specified
in point c clause 5 Article 28 of the Law on Environmental Protection
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1
Small-capacity projects involved
in types of production, business and services that is likely to cause
environmental pollution specified in Column 5 Appendix II hereof
No environmentally sensitive
factors
II
Investment projects specified
in point b clause 5 Article 28 of the Law on Environmental Protection
2
Projects with construction
constituents which are not involved in types of production, business and
services likely to cause environmental pollution and generate wastewater,
dust or emission that has to be treated or generate hazardous waste that has
to be treated under regulations on waste management
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Expansion investment projects
3
Investment projects aimed at
increasing scale and capacity of investment projects that are still in progress
prior to operation or of operating businesses
The increase in scale and
capacity (including the part of the project that is still in progress, the
part of the operating businesses and the increased part up to a level
equivalent to the projects in this Appendix) is determined as follows:
a) There is a change as specified
in point d clause 2 or point b, c, d, dd, i, k, l or m clause 6 Article 27 of
this Decree;
b) The increase in scale of or
capacity for production, business or services in the case specified in point
a or c clause 3 Article 27 of this Decree by at least 30% results in
increasingly adverse impacts on the environment as specified in clause 5
Article 27 of this Decree.
IV
Projects having one of the
items equivalent to the abovementioned ordinal numbers
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6. Appendices
VIa and VIb are added after Appendix VI as follows:
Appendix
VIa
SAMPLE
CONTENTS OF CONSULTATION DURING ENVIRONMENTAL IMPACT ASSESSMENT
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
SAMPLE
CONTENTS OF CONSULTATION DURING ENVIRONMENTAL IMPACT ASSESSMENT OF A PROJECT
1. Information about the
project:
1.1. General information: name,
location and owner of the investment project
1.2. Scope, scale, capacity
1.3. Production technology (if any)
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1.5. Environmentally sensitive
factors (if any)
2. Consultation contents
2.1. Location of the investment
project:
- Description of location and
boundary of the project; appropriation of various types of land.
- Description of the project's
relationship to surrounding objects.
- Description of sensitive objects
around the project area.
2.2. Environmental impacts of the investment
project:
- Summary of impacts related to
waste during construction and operation phases.
- Summary of impacts not related to
waste during construction and operation phases.
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- Description of works and measures
to minimize impacts related to waste during construction and operation phases.
- Description of works and measures
to minimize impacts not related to waste during construction and operation
phases.
2.4. Environmental management and
monitoring program; environmental emergency prevention and response plan
- Summary of the program for
environmental management and monitoring during construction and operation
phases.
- Summary of the plan for
environmental emergency prevention and response during construction and
operation phases.
2.5. Other contents
- Environmental remediation and
improvement scheme with regard to a mining project or waste burial project (if
any).
- Biodiversity offsets scheme with
regard to a project having biodiversity offsets scheme as prescribed by law (of
any).
3. Undertakings of the project
owner
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- Undertaking to comply with
regulations of law on environmental protection.
- Undertakings to fulfill
obligations to provide socio-economic assurance, support infrastructure and
livelihoods of locals (if any).
INVESTMENT
PROJECT OWNER
(Signature, full name, seal (if any))
Note: The
environmental impact report is posted at the communal People's Committee from
...(dd)...(mm)....(yyyy)
Appendix
VIb
ENQUIRY
FORMS SENT BY PROJECT OWNER TO INDIVIDUALS DIRECTLY AFFECTED BY THE PROJECT BUT
NOT ATTENDING THE MEETING FOR OPINIONS
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To:
(3).
Fulfilling the responsibility
specified in point a clause 2 Article 33 of the Law on Environmental
Protection, (1) - the owner of the project (2) would like to consult (3) about
the following contents:
Contents of the environmental
impact assessment report of the project (2) posted at the People’s Committee of
… commune (4)
Name of (1):
……………………………………………………………………..
Location of (2):
………………………………………………………
Contact
information of (1): Address:…..; Phone number: ….; Fax: …; E-mail: ...
1.
Opinions of (3) about investment in the project
1.1. Opinions about the location of
the investment project:
………………………………………………………………………………………………………
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………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.2. Opinions about environmental
impacts of the investment project:
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.3. Opinions about measures to
minimize adverse impacts on the environment
………………………………………………………………………………………………………
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………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.4. Opinions about the
environmental management and monitoring program; environmental emergency
prevention and response plan:
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.5. Opinions on other contents
related to the investment project:
………………………………………………………………………………………………………
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………………………………………………………………………………………………………
………………………………………………………………………………………………………
2. Recommendations to the
project owner:
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
(3) is requested to send
enquiry forms to the People’s Committee of … commune (4) for consolidation
within 05 days from the date of receiving the enquiry forms. Absence of
response within this time limit shall be interpreted as concurrence.
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SIGNATURE
(Signature and full name)
Notes:
(1) Project owner.
(2) Project name.
(3) Consulted individuals or
household representatives;
(4) People’s Committee of the
commune where the consultation is held.
7. Appendix
VIII is amended as follows:
Appendix
VIII
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1. Template for report cover and
frontispiece
Superior
authority of investment project owner
(1)
REPORT
ON PROPOSAL FOR ISSUANCE OF ENVIRONMENTAL LICENSE
of investment project (2)
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Place
name (*),... (mm) ... (yyyy)
Notes: (1)
Supervisory authority of investment project; (2) Full and accurate name of
investment project; (*) Only shown on the report cover; (**) Specify name of
the province/district/commune where the investment project is executed or where
the investment project owner’s head office is located.
2. Structure and contents of the
report on proposal for issuance of environmental license
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LIST
OF GLOSSARY AND ABBREVIATIONS
LIST OF TABLES AND FIGURES
Chapter
I
GENERAL
INFORMATION ABOUT INVESTMENT PROJECT
1. Name of investment project owner
(Owner or organization/individual directly managing and operating the entire
project, business):
- Office address:
………………………………………………….
- Investment project owner’s legal
representative:
- Phone number: ……………..; Fax:
…………….…..; E-mail: ……………..
- Investment certificate/Business
registration certificate No. ……….dated …….of investment project owner or
equivalent document.
2. Investment project name:
……………………………………………………………
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- Investment certificate (if any),
enterprise registration certificate;
- Authority approving investment
policy: ……………………………………
- Authority appraising construction
design and issuing environment-related licenses to investment project (if any):
- Decision on approval for
environmental impact assessment report (EIAR) appraisal result; document about
changes to the decision on approval for EIAR appraisal result (if any):
- Type of production, business or
service of the project;
- Scale of investment project as
prescribed in clause 1 Article 25 of this Decree:
……………………………………………………………………………………
- Environmentally sensitive factors
as prescribed in clause 4 Article 25 of this Decree:
……………………………………………………………………………………
- Investment project classification
as prescribed in clause 2 Article 28 of this Decree:
……………………………………………………………………………………………..
3. Capacity, technology and product
of investment project:
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3.2. Production technology of
investment project: …………………………………………
3.3. Product of investment project:
……………………………………………………
4. Raw materials, fuels, materials,
scrap (type of scrap, HS code, volume of scrap to be imported), electricity,
chemicals used, sources of electric power and water supply to investment
project: ………………………………………………………………………………
5. Other information relating to
investment project (if any): ……………………………..
Environmental safety distance as
per regulations; appraisal and expression of opinions on hazardous waste
treatment technology as per regulations of law on technology transfer (For the
investment project that provides hazardous waste treatment services).
Chapter
II
CONFORMITY
OF THE INVESTMENT PROJECT WITH PLANNING AND ENVIRONMENTAL CARRYING CAPACITY
1. Conformity of the investment
project with the national environmental protection planning, provincial
planning and environmental zoning (if any):
Clearly specify conformity of the
investment project with the national environmental protection planning,
provincial planning and environmental zoning.
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Clearly specify conformity of the
investment project with carrying capacity of waste receiving body under
decision of the competent state agency specified in point c clause 1 Article 42
of the Law on Environmental Protection (if any).
Note: For the
contents which have been assessed during EIA but remain unchanged, the project
owner is not required to carry out re-assessment and writes “unchanged”.
Chapter
III
RESULTS
OF COMPLETION OF ENVIRONMENTAL PROTECTION WORKS AND MEASURES OF INVESTMENT
PROJECT
1. Works and measures for drainage
of rainwater and collection and treatment of wastewater (if any):
1.1. Wastewater drainage and
collection:
- Detailed description of technical
specifications (structure, size, length, etc.) of the surface water collection
and drainage work; number and location of each point of drainage of surface
rainwater into environment enclosed with the operation procedures at each
drainage point (such as self-flowing, spillway, block valves, etc.) and
illustration diagram;
- Description of other rainwater
collection and drainage measures (if any).
(For the investment project
that provides hazardous waste treatment services and has hazardous waste
transfer stations, report this content to each hazardous waste transfer
station).
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- Wastewater collection work:
Detailed description of technical specifications (structure, size, length,
etc.) of each route of collection of domestic and industrial wastewater from
generation source to wastewater treatment works;
- Wastewater drainage work:
Detailed description of technical specifications (structure, size, length,
etc.) of each route of drainage of wastewater before its discharge to a
receiving body or outside of the waste treatment work;
- Point of discharge of treated
wastewater: Detailed description of point of wastewater discharge; assessment
of satisfaction of technical requirements by point of wastewater
discharge/wastewater connection; receiving body of wastewater. If the receiving
body is a hydraulic structure, specify its name and regulatory body managing
such hydraulic structure; compliance of the hydraulic structure with
environmental protection requirements;
- Overall illustration diagram of
the abovementioned wastewater collection and drainage network;
- Description of other wastewater
collection and drainage measures (if any).
(For the investment project
that provides hazardous waste treatment services and has hazardous waste
transfer stations, report this content to each hazardous waste transfer
station).
1.3. Wastewater treatment:
- Clear description of each
wastewater treatment work constructed and installed (name of the design,
construction and supervision units; construction contractor, etc.) or equipment
for synchronous and packaged waste treatment: functions of each work; scale,
capacity, technology and procedures for operation and operating mechanism of
the work (including illustration diagram of the treatment technology); types of
chemicals and biological preparations used; power consumption norms and
chemicals used during operation; requirements concerning technical regulations
and standards (if any) applicable to treated wastewater; CO/CQ of the equipment
for synchronous and packaged waste treatment (if any);
- Equipment and system for
automatic and continuous wastewater monitoring (if any), CO/CQ and inspection,
calibration or testing record of the equipment and system for automatic and
continuous wastewater monitoring; clarifying the connection and transmission of
automatic and continuous wastewater monitoring data to the Department of
Natural Resources and Environment for inspection and supervision;
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(For the investment project
that provides hazardous waste treatment services and has hazardous waste
transfer stations, report this content to each hazardous waste transfer
station).
2. Works and measures for dust and
emission treatment (if any):
For each dust and emission
treatment work, please specify:
- Works for collection of treated
emissions: Detailed description of technical specifications (structure, size,
length, etc.) of each work for collection of emissions from generation source
to emission treatment works;
- Dust and emission treatment works
constructed and installed (name of the design, construction and supervision
units; construction contractor, etc.) or equipment for synchronous and packaged
emission treatment: functions of each work (specify the investment project’s
stage or production line for which the work treats dust or emissions); scale,
capacity and procedures for operation and operating mechanism of the work
(including illustration diagram of the treatment technology); types of
chemicals and catalysts used; norms for consumption of electricity and chemicals
for operation of the works; requirements concerning technical regulations and
standards (if any) applicable to treated dusts and emissions; CO/CQ of the
equipment for synchronous and packaged waste treatment (if any);
- Equipment and system for automatic
and continuous emission monitoring (if any), CO/CQ and inspection, calibration
or testing record of such equipment and system; clarifying the connection and
transmission of automatic and continuous emission monitoring data to the
Department of Natural Resources and Environment for inspection and supervision
- Description of other dust and
emission treatment measures (if any).
(For the investment project
that provides hazardous waste treatment services and has hazardous waste
transfer stations, report this content to each hazardous waste transfer
station).
3. Works and measures for normal
solid waste storage and treatment:
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- Work for treatment of normal
industrial solid waste generated within the location of the investment project
(if any): functions, scale, capacity, technology and basic technical
specifications enclosed with operation procedures;
- For a project on centralized
solid waste treatment and hazardous waste treatment, specifying the investment
project’s collection works, equipment and vehicle serving solid waste treatment;
- For an investment project that
uses scrap imported from a foreign country as raw materials for production,
specifying the production technology; availability of warehouses and yards for
scrap storage; recycling equipment; impurity treatment scheme; scrap re-export
scheme;
- Other measures for normal solid
waste storage and treatment (if any).
4. Works and measures for hazardous
waste storage and treatment:
- Predicting the weight of
hazardous waste generated during the operation (kg/year and kg/month);
- Clear description of each work
for storage of hazardous waste, including functions and basic technical
specifications for the purpose of compliance with environmental protection
requirements;
- Work for treatment of hazardous
waste generated within the location of the investment project (if any):
functions, scale, capacity, technology and basic technical specifications
enclosed with operation procedures;
- For a hazardous waste treatment
project, clearly specifying the system, work and equipment for storage,
transport, transfer, preliminary processing and treatment of hazardous waste;
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(For the investment project
that provides hazardous waste treatment services, systems and equipment for
preliminary processing and treatment of hazardous waste are described in detail
in Section 3 of Chapter I).
5. Works and measures for reducing
noise and vibration (if any):
- Works and measures for reducing
noise and vibration generated by the investment project;
- Technical regulations and
standards (if any) applicable to noise and vibration generated by the
investment project.
6. Plan for prevention of and response
to environmental emergencies during trial operation and when the project is put
into operation:
- Detailed description of each work
or piece of equipment for prevention of and response to environmental
emergencies caused by wastewater during trial operation and operation (if any):
clearly specifying scale, capacity, operation procedures and basic technical
specifications of the work;
- Detailed description of each work
or piece of equipment for prevention of and response to environmental
emergencies caused by dust and emissions during trial operation and operation
(if any): clearly specifying scale, capacity, operation procedures and basic
technical specifications of the work;
- Detailed description of each work
or piece of equipment for prevention of and response to oil spill and works for
prevention and response to other environmental emergencies (if any): clearly
specifying scale, capacity, operation procedures and basic technical
specifications of the work;
- Description of other
environmental emergency prevention and response measures (if any).
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Description of other environmental
protection works (if any), clearly specifying their functions and basic
technical specifications. Description of other environmental protection
measures applicable to the investment project.
8. Measures for environmental
protection of sources of water for hydraulic structures if the investment
project discharges wastewater into hydraulic structures (if any):
Specifying measures for compliance
with environmental protection requirements applicable to sources of water for
hydraulic structures if the investment project discharges wastewater into
hydraulic structures (if any).
9. Plan and schedule for and result
of implementation of the environment improvement and remediation scheme or
biodiversity offsets scheme (if any):
This part is intended for reporting
of the plan and schedule for and result of implementation of the environment
improvement and remediation scheme or biodiversity offsets scheme proposed in
the investment project’s approved EIAR.
10. Changes to the issued decision
on approval for result of EIAR appraisal or issued environmental license or
issued component environmental license (if any):
- Changes which are made to the
issued decision on approval for result of EIAR appraisal or issued
environmental license or issued component environmental license but not to the
extent that EIA is carried out.
- Assessment of environmental
impacts due to changes to the issued decision on approval for result of EIAR
appraisal or issued environmental license or issued component environmental
license.
Chapter
IV
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1. Contents to be licensed with
respect to wastewater (if any):
- Source of generation of
wastewater: clearly specifying each source of generation of wastewater
(domestic, industrial) that has to be treated and source of generation of
wastewater that is not required to be treated.
+ Source No. 01:
+ Source No. 02:
……………………
- Maximum discharge rate: clearly
specifying the maximum discharge rate to be licensed.
- Wastewater effluents: clearly
specifying the number of wastewater effluents to be licensed (effluents of
treated wastewater discharged into a receiving body)).
- Pollutants and permissible limits
of pollutants by wastewater effluents: clearly specifying pollutants to be
licensed and permissible limits of pollutants by wastewater effluents, ensuring
the conformity with nature of the project, waste source and environmental
technical regulation.
- Location and method of discharge
of wastewater and wastewater receiving bodies: clearly specifying the location
of wastewater (with geographic coordinates), method of waste discharge
(self-flowing, forced discharge), wastewater receiving bodies.
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- Source of generation of
emissions: clearly specifying each source of generation of dusts or emissions
that have to be treated and source of generation of dusts or emissions that are
not required to be treated
+ Source No. 01:
+ Source No. 02:
…………………
- Maximum emission discharge rate:
specifying the maximum emission discharge rate to be licensed.
- Emission streams: clearly
specifying the number of emission streams to be licensed (streams of treated
emissions discharged into the environment).
- Pollutants and permissible limits
of pollutants by emission streams: clearly specifying pollutants to be licensed
and permissible limits of pollutants by emission streams, ensuring the
conformity with nature of the project, waste source and environmental technical
regulation.
- Location and method of discharge
of emissions: clearly specifying the location of discharge of emissions (with
geographic coordinates), discharge methods.
3. Contents to be licensed with
respect to noise and vibration (if any):
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- Permissible limits of noise and
vibration: clearly specifying permissible limits of noise and vibration in
accordance with technical environmental regulation.
4. Contents to be licensed of the
investment project that provides hazardous waste treatment services (if any):
- Works and system for hazardous waste
treatment: clearly specifying each work and system for hazardous waste
treatment; scale and capacity of each work and treatment method using the table
below:
No.
Name
of work/system for hazardous waste treatment
Treatment
capacity (kg/year)
Treatment
method
Note
1
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……
……
2
Name of work 2
……
……
3
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….
……………….
- Hazardous waste codes and weight
of waste permitted to be treated: clearly specifying each hazardous waste code
and volume of hazardous waste to be licensed using the table below:
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Name
of waste
Hazardous
waste code
Treatment
method
Weight
(kg/year)
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Total
weight
- Number of hazardous waste
transfer stations: clearly specifying number of hazardous waste transfer
stations to be licensed; location and area of each hazardous waste transfer
station, including:
+ Name
of hazardous waste transfer station No. : …………………………………….
+
Address:……………………………………………………………………………………
+
Area:………………………………………………………………………………….
+ Phone number: ……………………….. Fax:
………………….. E-mail:………………….
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5. Contents to be licensed of the
investment project that imports scrap from a foreign country as raw materials
for production (if any):
- Type of scrap to be imported:
clearly specifying the type (with HS code) of the scrap to be licensed.
- Weight of scrap permitted to be
imported with respect to investment project: clearly specifying each type of
scrap to be imported.
Chapter
V
PLANS
FOR TRIAL OPERATION OF WASTE TREATMENT WORKS AND ENVIRONMENTAL MONITORING
PROGRAM OF PROJECT
Based on environmental protection
works of the project, the project owner shall carry out a review itself and
propose plans for trial operation of waste treatment works and environmental
monitoring program during operation period. To be specific:
A. If the investment project has
its EIAR approved in accordance with the Law on Environmental Protection 2020 (reporting
the contents mentioned in Section 1 below)
1. Plan for trial operation of
waste treatment works of the project:
1.1. Expected date of trial
operation:
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1.2. Plans for waste monitoring and
assessment of effectiveness of waste treatment works and equipment in
treatment:
- Detailed plan regarding expected
date of collection of samples of waste before its discharge into the
environment or outside a treatment work/equipment.
- Plan for measurement, collection
and analysis of waste samples for assessment of effectiveness of waste
treatment works and equipment in treatment (aggregate and single sampling). In
the case of the packaged waste treatment work or equipment or waste treatment
work of the small-capacity project specified in the Appendix II to this
Circular, it is required to only take single samples for monitoring purpose;
time and frequency of sampling shall comply with prescribed standards and
technical regulations.
- The provider eligible to provide
environmental monitoring services shall cooperate in implementing the plan
B. If the investment project
that is conducting trial operation of waste treatment work before the effective
date of the Law on Environmental Protection 2020 (reporting the contents
mentioned in Section 1 below)
1. Results of trial operation of a
waste treatment work:
1.1. Result of assessment of
efficiency of wastewater treatment work (clearly specifying name and contact
address of the environmental monitoring service provider: time, frequency,
method and result of sample measurement, collection and analysis; equipment and
method for measurement, collection and analysis of samples used).
The assessment of efficiency of a
wastewater treatment work shall be carried out using the wastewater monitoring
result (result of measurement carried out using the field rapid measuring
instrument, laboratory collection and analysis of samples) and automatic and
continuous wastewater monitoring data (if any) for each stage and entire
treatment system (program and method for aggregate sampling for assessment),
including:
- Result of assessment of
efficiency of each treatment stage shall be carried out by assessing result of
wastewater monitoring of some main pollution parameters used to make
calculations for each stage of the wastewater treatment system and shall be
presented using the table below:
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Discharge
rate
(Unit)
Main
pollution parameter at stage
.................... (Unit)
Parameter
A
Parameter
B
etc.
Before
treatment
After
treatment
Before
treatment
After
treatment
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After
treatment
1st time
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Treatment efficiency of each
wastewater treatment stage (%)
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- Result of assessment of
conformity of the entire wastewater treatment system which is carried out using
the wastewater monitoring result (result of measurement carried out using the
field rapid measuring instrument, laboratory collection and analysis of
samples) of environmental parameters in accordance with environmental technical
regulations on industries and fields to which separate technical regulation or
national/local technical regulation on wastewater (domestic or industrial) applies.
For special industries, it is required to monitor environmental parameters
under decision of the authority approving EIAR and the table below shall be
used:
Measurement
and collection of sample for analysis; technical regulation on waste applied
Discharge
rate
(Unit)
Project’s
environmental parameters
Parameter
A
(Unit)
Parameter
B
(Unit)
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Before
treatment
After
treatment
Before
treatment
After
treatment
Before
treatment
After
treatment
1st time
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2nd time
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Under QCVN (corresponding to each
type of production).
- Result of assessment of
effectiveness of the wastewater treatment system carried out using automatic
and continuous wastewater monitoring data (if the installation is required) on
the dates of collecting and analyzing wastewater samples in the laboratory.
Automatic and continuous monitoring results shall be compared with field rapid
measurement results and results of laboratory collection and analysis of
samples. Average daily value of automatic and continuous monitoring results
shall be compared with the maximum value of environmental parameters specified
in corresponding environmental technical regulations so as to assess the
conformity with technical regulations (regardless of methods for measurement,
collection and analysis of samples specified in the technical regulations) and
shall be presented using the following table:
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Discharge
rate
(Unit)
Automatic
and continuous monitoring parameter
Parameter
A
(Unit)
Parameter
B
(Unit)
etc.
Before
treatment
After
treatment
Before
treatment
After
treatment
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After
treatment
1st day
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n day (result of assessment
carried out on the date of collection of sample for laboratory analysis)
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Under QCVN (corresponding to each
type of production).
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1.2. Result of assessment of
effectiveness of the dust and emission treatment work/equipment: the assessment
shall be carried out using the emission monitoring result (result of
measurement carried out using the field rapid measuring instrument, laboratory
collection and analysis of samples) and automatic and continuous monitoring
data (if any) for each stage and entire treatment system. The project owner
shall carry out consolidation using a table according to section 1.
2. Waste monitoring program
(automatic, continuous and periodic) prescribed by law.
2.1. Periodic environmental
monitoring program:
- Wastewater monitoring: monitoring
location, frequency and parameters, technical regulations applied.
- Industrial dust and emission
monitoring: monitoring location, frequency and parameters, technical
regulations applied.
2.2. Program for automatic and
continuous monitoring of waste:
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- Industrial dust and emission
monitoring: quantity, monitoring parameters, technical regulations applied.
2.3. Periodic environmental
monitoring activities, other automatic and continuous environmental monitoring
activities prescribed by relevant regulations of law or requested by the
project owner.
3. Annual funding for environmental
monitoring.
Chapter
VI
UNDERTAKINGS
OF INVESTMENT PROJECT OWNER
This part clearly specifies undertakings
of the investment project owner to the following:
- Accuracy and truthfulness of the
application for issuance of environmental license.
- Treatment of waste in accordance
with standards, environmental technical regulations and other relevant environmental
protection requirements.
APPENDICES
TO REPORT
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- Copies of the investment
registration certificate or equivalent documents;
- Land-related documents or copy of
the agreement on lease of land for project execution in accordance with law;
- Certificates and certificates of
recognition of synchronous waste treatment works and equipment imported or
commercialized;
- Records of commissioning and
transfer of environmental protection works or other documents related to
environmental protection works of the investment project (if any);
- A copy of the EIAR (except for
the project approved under the Law on Environmental Protection 2020) and copy
of the decision on approval for EIAR appraisal result.
Appendix 2:
* For a used ship breaking
project: the following documents shall be attached:
- Procedures for control of
dangerous and harmful factors and methods for handling of technical issues that
seriously threaten occupational safety and health;
- As-built documentation regarding
technical infrastructure and infrastructure serving ship breaking (if any);
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- Certificate of environmental
management system under TCVN ISO 14001 or ISO 14001 (if any).
* For a project that uses
scrap imported from a foreign country as raw materials for production: the
following documents shall be attached:
A copy of the agreement on transfer
and treatment of impurities and waste with an appropriate licensed service
provider (if there is not any technology or equipment for treating
impurities accompanying scrap or waste generated), if any.
* For an investment project
that provides hazardous waste treatment services:
Documents relating to the planning
contents specified in point a clause 3 Article 84 of the Law on Environmental
Protection and written appraisal and opinions prescribed by regulations of law
on technology transfer specified in point c clause 3 Article 84 of the Law on
Environmental Protection with respect to the investment project that provides
hazardous waste treatment services.
- Land-related documents or copy of
agreement on lease of premises for construction of hazardous waste transfer
station;
- Decision on approval for result
of EIAR appraisal; copy of environmental protection plan or environmental
protection commitment certified by the competent authority for the project on
investment in work items serving storage of hazardous waste at the hazardous
waste transfer station (if these documents are not submitted together with the
application for issuance of environmental license).
- Map of zoning of dedicated areas
(also known as general plan) in a waste treatment facility and hazardous waste
transfer station (if any); drawings and images of the treatment facility and
hazardous waste transfer station (if any);
- Environmental management plan
under the guidance of the Ministry of Natural Resources and Environment
prescribed in Article 84 of the Law on Environmental Protection.
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Map of location of mine site (at
1/5,000 or 1/10,000 scale); Topographic map with (or without) the mine outcrop
(at 1/1,000 or 1/2,000 scale); map showing the end of each mining phase; map of
the mine’s general plan (at 1/2,000 or 1/5,000 scale) showing all work items
and technical system; map showing termination of mining (at 1/2,000 or 1/5,000
scale); map of the current mine’s general plan (at 1/2000 or 1/5,000 scale)
showing all work items and technical system; map of locations where environment
improvement and remediation take place (at 1/5000 or 1/10,000 scale); map
showing environmental improvement and remediation by period and year; map
showing restoration of post-mining site (at 1/1,000 or 1/2,000 scale).
8. Appendix
IX is amended as follows:
Appendix
IX
TEMPLATE
FOR REPORT ON PROPOSAL FOR ISSUANCE OR RE-ISSUANCE OF ENVIRONMENTAL LICENSE OF
GROUP II INVESTMENT PROJECTS NOT REQUIRED TO UNDERGO EIA AND GROUP III
INVESTMENT PROJECTS
1. Template for report
cover and frontispiece
Superior
authority of investment project owner
(1)
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REPORT
ON PROPOSAL FOR ISSUANCE/RE-ISSUANCE OF ENVIRONMENTAL LICENSE
of investment project (2)
INVESTMENT
PROJECT OWNER (*)
(Signature, full name, seal)
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Place
name (**), (date)…
Note: (1)
Supervisory authority of investment project; (2) Full and accurate name of
investment project; (*) Only shown on the report cover; (**) Specify name of
the province/district/commune where the investment project is executed or where
the investment project owner’s head office is located.
2. Structure and contents of the
report on proposal for issuance/re-issuance of environmental license of
investment project
TABLE
OF CONTENTS
LIST
OF GLOSSARY AND ABBREVIATIONS
LIST OF TABLES AND FIGURES
Chapter
I
GENERAL
INFORMATION ABOUT INVESTMENT PROJECT
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- Office address:
………………………………………………………………….
- Investment project owner’s legal
representative: ………………………….
- Phone number:……………….……; Fax:
……….………….; E-mail:…….……………..
- Investment certificate/Business
registration certificate No. .........dated ........... of investment project
owner or equivalent document.
2. Investment project
name:…………………………………………………………
- Location of investment
project:…………………………………………
- Authority appraising construction
design and issuing environment-related licenses to investment project (if any)
:………………………………………………………
- Scale of investment project as
prescribed in Article 25 of this Decree:……………………………………………………………………
- Type of production, business or
service of the project:……………………………………….
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3. Capacity, technology and products
of investment project:
3.1. Capacity of investment
project:…………………………………………………..
3.2. Production technology of
investment project, assessment of selected production technology of investment
project:………………………………………………………………
3.3. Product of investment
project:………………………………………….
4. Raw materials, fuels, materials,
scrap, electricity, chemicals used, sources of electric power and water supply
to investment project:…………………………………………………….
5. Other information relating to
investment project (if any):………………
Chapter
II
CONFORMITY
OF THE INVESTMENT PROJECT WITH PLANNING AND ENVIRONMENTAL CARRYING CAPACITY
1. Conformity of the investment
project with the national environmental protection planning, provincial
planning and environmental zoning (if any):
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2. Conformity of the investment
project with environmental carrying capacity (if any):
Clearly specifying conformity of
the investment project with carrying capacity of waste receiving body.
Note: For the
contents which have been assessed during EIA but remain unchanged, the project
owner is not required to carry out re-assessment and writes “unchanged”.
Chapter
III
ASSESSMENT
OF STATE OF ENVIRONMENT AT LOCATION OF INVESTMENT PROJECT
1. Data on state of environment and
biological resources: aggregate data (specify sources of data used) on state of
environment and biological resources at the location of investment project:
1.1. Environmental components that
may be directly affected by the project:
a) Environmental components that
may be directly affected by the project;
b) Quality of environmental
components that may be directly affected by the project;
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1.2. Environmentally sensitive
subjects affected by the project:
a) Nearest environmentally
sensitive objects that may be affected by the project (if any);
b) List and state of species of
wild fauna and flora, including endangered, precious and rare species
whose protection is prioritized, endemic species in the area that may be
affected by the project; data and information on marine biodiversity and
wetlands that may be affected by the project.
2. Description of wastewater
receiving body of the project:
2.1. Description of natural
characteristics of the wastewater receiving area:
a) Geographic, topographic and
meteorological factors of the wastewater receiving area;
b) Rivers, streams, channels, lakes
and ponds in the wastewater receiving body; hydrological/oceanographic regime:
changes in flow in flood season, dry season and driest period of the year,
lowest annual flow volume, hydrological/oceanographic regime.
2.2. Description of water of the
wastewater receiving body: assessment of quality of receiving water according
to the water quality analysis result and collected documents and data on
changes in quality of receiving water.
2.3. Extraction and use of
extraction and use of water in the wastewater receiving area: status of
extraction and use of water in the wastewater receiving area (specifying
activities, main purposes of extracting and using water, locations of works and
their distance from expected locations of wastewater discharge).
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a) Entities discharging wastewater
in the area (location and distance from the point of wastewater discharge).
b) Sources of wastewater of each
entity discharging wastewater in the area (production activities that generate
wastewater, main pollution parameters in wastewater, wastewater discharge rate
and regime).
2.5. Unit managing hydraulic
structures in case of discharge of wastewater into a hydraulic structure (if
any): name, address and phone number.
3. Assessment of state of soil,
water and air at the project location:
3.1. Results of measurement and
collection of samples for analysis, assessment of state of environment in the
area receiving various types of waste generated by the project must be obtained
from at least 03 surveys The measurement, collection and analysis of samples
must comply with technical procedures for environmental monitoring Results must
be consolidated to assess the suitability of the selected location for natural
characteristics of the project location.
3.2. Assessment of state of
environmental components of the project location prior to carrying out
construction.
Assessment of state of ambient air
is only mandatory for the projects that produce dust and emissions causing
environmental pollution or the projects that use a model of pollution
propagation (if any).
Note: For Group III
investment projects, the contents specified in 1.1.b, 1.1.c , 1.2.a; 2.1.a;
2.3, 2.4 and 3.2 of this Chapter are not required.
Chapter
IV
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1. Assessment and prediction of
environmental impacts
1.1. Assessment and prediction of
impacts during the period of investment project execution and construction: The
assessment and prediction of environmental impacts during this period shall
mainly cover:
a) Assessment of impacts of land
appropriation;
b) Assessment of impacts of land
clearance;
c) Extraction of building materials
in service of the project (if covered by the project);
d) Transport of raw materials for
production, machinery and equipment;
dd) Construction of work items of
the project if the project has construction works;
e) Cleaning of pipes, production
equipment and environmental protection works of the project (using chemicals,
domestic water, steam, etc.).
Requirements: For the source of
impact related to waste, specify the discharge volume, load and concentration
of all waste parameters specific to the project and compare them with those
specified in applicable standards and technical regulations, and specify the
space and time of waste generation.
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1.2. Assessment of impacts during
the period of operation of the project:
a) Assessment
and prediction of impacts of sources of waste (solid waste, hazardous waste,
dust, emissions, industrial wastewater, domestic wastewater, other liquid
waste). For each impact, specifying the discharge volume, load and
concentration of all waste parameters specific to the project and compare them
with those specified in applicable standards and technical regulations or
carrying capacity of the receiving body (if any).
b) Assessment and prediction of
impacts not related to waste (noise, vibration).
c) For the project investing in an
industrial park, carry out an additional assessment of impacts of waste
generated by the project on the collection and treatment of existing wastewater
of the industrial park; assess the receiving and treatment capacity of the
industrial park’s existing wastewater treatment works with respect to the
maximum volume of wastewater generated by the project.
d) For the investment project on
extraction of sand, gravel and other minerals on rivers, streams, channels,
reservoirs, estuaries and coastal areas, it is required to assess the impacts
on river bed, river bank and flow in accordance with law.
dd) For an investment project that
discharges wastewater into a hydraulic structure, it is required to assess
impacts and take measures for environmental protection of sources of water for
the hydraulic structure.
e) Calculation result given by the
pollutant dispersion model or environmental emergency regarding an investment
project that directly discharges at least 10,000 m3 of
wastewater (except for equipment cooling water, aquaculture water) per day (24
hours) or at least 200,000 m3 of dust or emissions per hour,
except for the investment project that does not change the contents related to
wastewater, dust or emission discharge specified in the issued environmental
license (upon proposal for re-issuance of environmental license).
(In case of applying for
re-issuance of environmental license, carry out general assessment of impacts
of changes to the investment project).
2. Proposed works and measures for
environmental protection:
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a) Regarding wastewater: detailed
description of scale, capacity and technology of the works for collection and
treatment of domestic water and industrial wastewater (if any), including works
for collection and treatment of domestic water of each contractor carrying out
construction and setting up the project: required to satisfy environmental
technical regulation; works for
collection and treatment of other solid waste such as waste chemicals,
chemicals used to clean pipes, etc.: required to satisfy environmental
technical regulation (if any);
b) Regarding domestic waste,
construction waste and normal industrial solid waste and hazardous waste:
description of scale, location and environmental protection measures of area
for temporary storage of waste;
c) Regarding dust and emissions:
Works and measures for reducing dust and emissions in the process of
construction and setting up the project: required to satisfy environmental
technical regulation;
d) Regarding noise and vibration:
works and measures for reducing noise and vibration generated by the project;
dd) Other environmental protection
measures (if any).
(If there are changes to
environmental protection works when applying for issuance of environmental
license, fully list environmental protection works to be changed)
2.2. Proposed works and measures
for environmental protection during the period of operation of the project:
a) Regarding works and measures for
wastewater treatment (including works for treatment of domestic water,
industrial water and other liquid waste):
- Detailed description of scale,
capacity, procedures for operation, chemicals and catalysts used by each
wastewater treatment work expected to be constructed or equipment for
synchronous and packaged waste treatment (enclosed with an illustration diagram
of the treatment technology (if any); requirements concerning standards and
technical regulations (if any) applicable to treated wastewater; CO/CQ of the
synchronous and packaged waste treatment (if any);
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- Equipment and system for
automatic and continuous wastewater monitoring (if any). CO/CQ and inspection,
calibration or testing record of the equipment and system for automatic and
continuous wastewater monitoring (if any);
- Description of other wastewater
treatment measures (if any).
b) Regarding works and measures for
dust and emission treatment:
- Detailed description of scale,
capacity, procedures for operation, chemicals and catalysts used by each dust
or emission treatment work; requirements concerning standards and technical
regulations (if any) applicable to treated dust and emissions. CO/CQ of the
synchronous and packaged waste treatment (if any);
- Basic parameters of each item and
entire dust or emission treatment work enclosed with a design drawing (attached
to the Appendix to this report);
- Automatic and continuous emission
monitoring equipment and system (if any), CO/CQ and inspection, calibration or
testing record of the equipment and system for automatic and continuous
emission monitoring (if any).
- Description of other dust and
emission treatment measures (if any).
c) Regarding works and measures for
solid waste storage and treatment (including domestic waste, normal industrial
solid waste, hazardous waste):
- Prediction of weight of domestic
solid waste or normal industrial solid waste generated during the operation;
hazardous waste generated (kg/year and kg/month);
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- Basic parameters of each item and
entire waste storage and treatment work enclosed with a draft design drawing
(attached to the Appendix to this report);
- Description of other measures for
solid waste storage and treatment (if any).
d) Regarding works and measures for
reducing noise and vibration: required to satisfy environmental technical
regulation:
- Detailed description of works for
reducing noise and vibration generated in the period of operating the project;
- Description of other measures for
reducing noise and vibration (if any).
dd) Plan for prevention of and
response to environmental emergencies during trial operation and when the
project is put into operation:
- Detailed description of each work
or piece of equipment for prevention of and response to environmental
emergencies caused by wastewater during trial operation and operation (if any):
clearly specifying scale, capacity, operation procedures and basic technical
specifications of the work;
- Detailed description of each work
or piece of equipment for prevention of and response to environmental
emergencies caused by dust and emissions during trial operation and operation
(if any): clearly specifying scale, capacity, operation procedures and basic
technical specifications of the work;
- Detailed description of each work
or piece of equipment for prevention of and response to oil spill and works for
prevention and response to other environmental emergencies (if any): clearly
specifying scale, capacity, operation procedures and basic technical
specifications of the work;
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(If there are changes to
environmental protection works when applying for issuance of environmental
license, fully list environmental protection works to be changed)
e) Measures for environmental
protection of sources of water for hydraulic structures if the investment
project discharges wastewater into hydraulic structures (if any).
3. Organization of operation of
environmental protection works and implementation of environmental protection
measures
- List of environmental protection
works and measures of the investment project;
- Plan for construction and
installation of waste treatment and environmental protection works and
automatic and continuous wastewater and emission monitoring equipment;
- Plan for organization of
implementation of other environmental protection measures;
- Summary of cost estimate for each
environmental protection work or measure;
- Organizational structure and
apparatus for management and operation of environmental protection works.
4. Comments about the detailedness
and reliability of the assessment and prediction results:
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Note: Group III
investment projects are not required to undergo assessment as specified in
Section 1 of this Chapter
Chapter
V
ENVIRONMENT
IMPROVEMENT AND REMEDIATION SCHEME, BIODIVERSITY OFFSETS SCHEME
(Only mandatory for group II investment projects, including mineral mining
projects, waste burial projects and projects that cause biodiversity loss or
decline)
1. Environment improvement and
remediation scheme for a mineral mining project
1.1. Environment improvement and
remediation scheme
- According to local condition of
each type of mineral mining, impacts of mining process on the environment and
local community; according to geological structure, mineral composition and
environmental quality of the area; post-mining land use planning (if any),
organizations and individuals must develop a feasible environment improvement
and remediation scheme.
- The environment improvement and
remediation scheme shall clarify the following contents:
+ Time and contents of partial
implementation of environment improvement and remediation (during the mining
process) for work items of the mine (auxiliary works, waste dump, etc.) and
mine site (if the mine is exploited using the “successive” method, it is
possible to carry out environment improvement and remediation of the area where
minerals have been fully exploited);
+ Work items of the mine, items
subject to environment improvement and remediation in the mine site (mining pit
in case of an open pit mine; drifts/ventilation shafts, transport shafts,
longwall, etc. for an underground mine) during the mine closure (time of mining
termination according to the established investment project);
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- Assessment of impacts on
environment, sustainability and safety of environment improvement and
remediation works of measures (including impacts related to waste, impacts not
related to waste such as landscape, ecology, subsidence, landslide,
waterproofing, groundwater decline, cracks, environmental emergencies, etc.)
and proposed works and measures for reduction.
- Calculation of “soil restoration
index” for the selected schemes. Based on the assessment and comparison of
“soil restoration index” and advantages and disadvantages of schemes, select an
optimum environment improvement and remediation scheme.
1.2. Contents of environment
improvement and remediation
According to the selected
environment improvement and remediation plan, formulate contents, list and
workload of environment improvement and remediation work items. To be specific:
- Designing and calculating
workload in main works to carry out environment improvement and remediation;
- Designing and calculating
workload to carry out environment improvement and remediation to fulfill the
set targets in conformity with actual conditions;
- Designing works for prevention of
and response to environmental emergencies in each period of environment
improvement and remediation;
- Tabulating environment
improvement and remediation works; workload in each period and entire process
of environment improvement and remediation;
- Tabulating equipment, machinery,
raw materials, land and green trees used in the process of environment
improvement and remediation in each period and entire process of environment
improvement and remediation.
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- Environment improvement and
remediation diagram;
- Schedule for environment
improvement and remediation and work quality supervision plan;
- A plan for assessment of
environment improvement and remediation works for the purpose of inspecting and
confirming completion of contents of the environment improvement and
remediation plan;
- Solutions for management and
protection of environmental protection works after the inspection and
confirmation.
Tabulating schedule for environment
improvement and remediation using the form below:
No.
Name
of work
Weight/
unit
Unit
price
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Starting
date
Ending
date
Note
I
Mine site
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1
Renovation of pit slope, pit
bottom and pit in zone A
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Tree planting in zone A
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1.4. Estimate of improvement and
remediation costs
a) Estimate of improvement and
remediation costs
Tabulating costs and schedule for
operating environment improvement and remediation; quantities; unit price of
each work item in each period and total costs of environment improvement and
remediation according to the latest norm and unit price fixed by the local
authority or corresponding ministries or market price in case the local norm or
unit price is unavailable.
b) Deposit and time of deposit
payment:
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c) Deposit receiving units:
Every organization or individual
shall select a unit or organization to which the deposit on environment
improvement and remediation is paid as prescribed by law.
2. Environment improvement and
remediation plan for a waste burial project
2.1. Selection of an environment
improvement solution
- According to current condition of
each type of waste treatment, impacts of waste treatment on the environment and
local community; according to geological structure and environmental quality of
the area, the organization or individual must produce a feasible environment
improvement solution. The environment improvement solution must be produced in
such a way that environmental emergencies do not occur.
- The environment improvement shall
comply with relevant regulations.
- A general description of
solutions; works and workload upon environment improvement must be provided. A
topographic map of the landfill after its closure must be produced.
- Impacts on the environment,
sustainability and safety of environment improvement and remediation works of
measures (including subsidence, landslide, waterproofing, groundwater decline,
environmental emergencies, etc.) must be assessed to select an environment
improvement solution.
2.2. Contents of environment
improvement
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- Designing and calculating
workload of main works to carry out environment improvement;
- Designing and calculating workload
to carry out environment improvement and remediation to fulfill the set targets
in conformity with actual conditions;
- Designing works for reducing
adverse impacts, preventing and responding to environmental emergencies in each
period during environment improvement;
- Tabulating environment
improvement and remediation works; workload in each period and entire process
of environment improvement;
- Tabulating equipment, machinery,
raw materials, land and green trees used in the process of environment improvement
in each period and entire process of environment improvement;
- Formulating environmental
emergency prevention and response plans during environment improvement.
Technical criteria for designing
and constructing environment improvement works according to the feasibility
study report or fundamental design.
2.3. Implementation plan
- Presenting organizational chart
for environment improvement;
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- A plan for assessment of
environment improvement works for the purpose of inspecting and confirming
completion of contents of the environment improvement plan;
- Solutions for management and
protection of environmental improvement works after the inspection and
confirmation.
Tabulating schedule for environment
improvement using the form below:
No.
Name
of work
Weight/
unit
Unit
price
Amount
Starting
date
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Note
I
Landfill cell
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Wastewater treatment system
2
Emission treatment system
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3
Environmental monitoring system
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2.4. Estimate of environment
improvement costs
a) Estimate of environment
improvement and remediation costs:
Tabulating costs and schedule for
operating environment improvement works; workload; unit price of each work item
in each period and total costs of environment improvement according to the
latest norm and unit price fixed by the local authority or corresponding ministries
or market price in case the local norm or unit price is unavailable.
b) Deposit and time of deposit
payment:
Specify the initial deposit and
next deposit, time of payment of deposit for the first time and in the next
time.
c) Deposit receiving units:
Every organization or individual
shall select a unit or organization to which the deposit on environment
improvement and remediation is paid as prescribed by law.
3. Biodiversity offsets scheme (if
any)
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Chapter
VI
CONTENTS
OF PROPOSAL FOR ISSUANCE OR RE-ISSUANCE OF ENVIRONMENTAL LICENSE
1. Contents to be licensed with
respect to wastewater (if any):
- Source of generation of
wastewater: clearly specifying each source of generation (domestic, industrial)
to be licensed.
+ Source No. 01:
+ Source No. 02:
………………….
- Maximum discharge rate: specify
the maximum discharge rate to be licensed.
- Wastewater effluents: clearly
specifying the number of wastewater effluents to be licensed (effluents of
treated wastewater discharged into the environment (water receiving bodies)).
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- Location and method of discharge
of wastewater and wastewater receiving bodies: clearly specifying the location
of wastewater (with geographic coordinates), method of waste discharge
(self-flowing, forced discharge), wastewater receiving bodies.
2. Contents to be licensed with
respect to emissions (if any):
- Source of generation of
emissions: clearly specifying each source of generation of emissions to be
licensed.
+ Source No. 01:
+ Source No. 02:
………………..
- Maximum emission discharge rate:
specifying the maximum emission discharge rate to be licensed.
- Emission streams: clearly
specifying the number of emission streams to be licensed (streams of treated
emissions discharged into the environment).
- Pollutants and permissible limits
of pollutants by emission streams: clearly specifying pollutants to be licensed
and permissible limits of pollutants by emission streams, ensuring the
conformity with nature of the project, waste source and environmental technical
regulation.
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3. Contents to be licensed with
respect to noise and vibration (if any):
- Source of generation: clearly
specifying each source of generation of noise and vibration to be licensed.
- Permissible limits of noise and
vibration: clearly specifying permissible limits of noise and vibration in
accordance with technical environmental regulation.
Chapter
VII
PLANS
FOR TRIAL OPERATION OF WASTE TREATMENT WORKS AND ENVIRONMENTAL MONITORING
PROGRAM OF PROJECT
Based on environmental protection
works of the investment project, the investment project owner shall review and
propose a plan for trial operation of waste treatment works and environmental
monitoring program during project operation period. To be specific:
1. Plan for trial operation of
waste treatment works of the investment project:
1.1. Expected date of trial
operation:
Making a detailed list of plans for
trial operation of completed waste treatment works of the investment project,
including starting and ending dates. Expected capacity of each item or the
entire investment project on the ending date of trial operation.
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- Detailed plan regarding expected
date of collection of samples of waste before its discharge into the
environment or outside a treatment work/equipment
- Plan for measurement, collection
and analysis of waste samples for assessment of effectiveness of waste
treatment works and equipment in treatment (aggregate and single sampling). In
the case of packaged treatment work or equipment or small-scale treatment work,
it is required to only take single samples for monitoring purpose; time and
frequency of sampling shall comply with prescribed standards and technical
regulations.
- The provider eligible to provide
environmental monitoring services shall cooperate in implementing the plan
2. Waste monitoring program
(automatic, continuous and periodic) prescribed by law.
2.1. Periodic environmental
monitoring program:
- Wastewater monitoring: monitoring
location, frequency and parameters, technical regulations applied.
- Industrial dust and emission
monitoring: monitoring location, frequency and parameters, technical
regulations applied.
2.2. Program for automatic and
continuous monitoring of waste:
- Wastewater monitoring: monitoring
parameters, technical regulations applied.
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2.3. Periodic environmental
monitoring activities, other automatic and continuous environmental monitoring
activities prescribed by relevant regulations of law or requested by the
project owner.
3. Annual funding for environmental
monitoring.
Chapter
VIII
UNDERTAKINGS
OF INVESTMENT PROJECT OWNER
This part clearly specifies
undertakings of the investment project owner to the following:
- Accuracy and truthfulness of the
application for issuance of environmental license.
- Treatment of waste in accordance
with standards, environmental technical regulations and other relevant
environmental protection requirements.
- Proper and full compliance with
regulations of the Law on Environmental Protection and this Decree (review and
fully list responsibilities to be fulfilled as prescribed in the Law on
Environmental Protection and this Decree).
APPENDICES
TO REPORT
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- Copies
of the investment registration certificate or equivalent documents;
- Fundamental
design drawing or construction design drawing of works for environmental
protection and works for environmental emergency prevention and response
enclosed with an explanatory note to the procedures for operation of waste
treatment works;
- Certificates
and certificates of recognition of synchronous waste treatment works and
equipment imported or commercialized (if any);
- Reports
on results of measurement and collection of environmental samples which must be
obtained from at least 03 surveys;
- Records
on inspection and calibration of installed automatic and continuous waste
monitoring equipment by licensed authorities and organizations (if any);
Appendix 2: For a mineral
mining investment project: the following documents shall be attached:
Map of location of mine site (at
1/5,000 or 1/10,000 scale); Topographic map with (or without) the mine outcrop
(at 1/1,000 or 1/2,000 scale); map showing the end of each mining phase; map of
the mine’s general plan (at 1/2,000 or 1/5,000 scale) showing all work items
and technical system; map showing termination of mining (at 1/2,000 or 1/5,000
scale); map of the current mine’s general plan (at 1/2000 or 1/5,000 scale)
showing all work items and technical system; map of locations where environment
improvement and remediation take place (at 1/5000 or 1/10,000 scale); map
showing environmental improvement and remediation by period and year; map
showing restoration of post-mining site (at 1/1,000 or 1/2,000 scale).
Note: If the
environmental license is issued to the investment projects in points b and d
clause 4 Article 30 of this Decree which satisfy the environmental criteria
equivalent to projects of group II, the report on proposal for re-issuance of
environmental license only specifies changes to the previous report on proposal
for issuance of environmental license.
9. Appendix X is amended as follows:
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TEMPLATE
FOR REPORT ON PROPOSAL FOR ISSUANCE/RE-ISSUANCE OF ENVIRONMENTAL LICENSE OF
OPERATING BUSINESSES
1. Template
for report cover and frontispiece
Superior
authority of business owner
(1)
REPORT
ON PROPOSAL FOR ISSUANCE/RE-ISSUANCE OF ENVIRONMENTAL LICENSE
of (2) (name of business)
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Place
name (**), ... (mm) ... (yyyy)
Note: (1) Supervisory
authority of investment project; (2) Full and accurate name of the business;
(*) Only shown on the report cover; (**) Specify name of the
province/district/commune where the business operates or where the business is
headquartered.
2. Structure
and contents of report on proposal for issuance or re-issuance of environmental
license of an operating business or operating dedicated area for production,
business operation and service provision (hereinafter referred to as “the
business”)
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LIST
OF GLOSSARY AND ABBREVIATIONS
LIST OF TABLES AND FIGURES
Chapter
I
GENERAL
INFORMATION ABOUT BUSINESS
1. Name
of business owner (Owner or organization/individual directly managing and
operating the entire project, business): ………………………………………………………………
- Office
address:…………………………………………………………….
- Business
owner’s legal representative: ………………………….
- Phone
number:……………….……; Fax: ……….………….; E-mail:…….……………..
- Investment
certificate/Business registration certificate No. .........dated ........... of
the business or equivalent document.
2. Business'
name:…………………………………………………………
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- Written
appraisal of construction design and environment-related licenses, written
approval for project (if any): ………………………………………………………
- Decision
on approval for result of EIAR appraisal; environmental licenses, component
environmental licenses (if any):…………………………….
- Scale
of the business (specify scale of the business satisfying criteria equivalent
to a project as specified in Article 25 of this
Decree):……………………………………………………………
- Environmentally
sensitive factors specified in clause 4 Article 25 of this
Decree:…………………………………………………..
- Type
of production, business or service of the project:………………………………………………
- Grouping
of investment project: (specify group I, group II or group III) ….
3. Capacity,
technology and products manufactured of the business (including the existing
part and part planned for expansion, capacity increase or other changes):
3.1. Operating capacity of the
business:……………………………………
3.2. Production technology of the
business:…………………………………………….
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4. Raw
materials, fuels, materials, scrap (type of scrap, HS code, volume of scrap to
be imported), electricity, chemicals used, sources of electric power and water
supply of the business:……………………………………………………………………..
5. For
a business that uses scrap imported from a foreign country as raw materials for
production, specify the availability of warehouses and yards for scrap storage;
recycling equipment; impurity treatment scheme; scrap re-export scheme.
6. Other
information relating to the business (if any):………………………………..
Environmental safety distance as
per regulations; appraisal and expression of opinions on hazardous waste
treatment technology as per regulations of law on technology transfer (For the
business that provides hazardous waste treatment services).
Chapter
II
CONFORMITY
OF THE BUSINESS WITH PLANNING AND ENVIRONMENTAL CARRYING CAPACITY
1. Conformity
of the business with the national environmental protection planning, provincial
planning and environmental zoning (if any):
Clearly specifying the conformity
of the business with the national environmental protection planning, provincial
planning and environmental zoning.
2. Conformity
of the business with environmental carrying capacity (if any):
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Note: For the
contents which have been assessed during issuance of environmental license but
remain unchanged, the business owner is not required to carry out re-assessment
and writes “unchanged”.
Chapter
III
RESULTS
OF COMPLETION OF BUSINESS’ ENVIRONMENTAL PROTECTION WORKS AND MEASURES
1. Works
and measures for drainage of rainwater and collection and treatment of
wastewater (if any):
1.1. Rainwater collection and
drainage:
- Detailed
description of technical specifications (structure, size, length, etc.) of the
surface water collection and drainage work; number and location of each point
of drainage of surface rainwater into environment enclosed with the operation
procedures at each drainage point (such as self-flowing, spillway, block
valves, etc.) and illustration diagram;
- Description
of other rainwater collection and drainage measures (if any).
(For a business that provides
hazardous waste treatment services and has hazardous waste transfer stations,
report this content to each hazardous waste transfer station).
1.2. Wastewater drainage and
collection:
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- Wastewater
drainage work: detailed description of technical specifications (structure,
size, length, etc.) of each route of drainage of wastewater before its
discharge to environment or outside of the waste treatment work;
- Point
of discharge of treated wastewater: detailed description of point of wastewater
discharge; assessment of satisfaction of technical requirements by point of
wastewater discharge/wastewater connection; receiving body of wastewater. If the receiving body is a hydraulic structure,
specify its name and regulatory body managing such hydraulic structure;
compliance of the hydraulic structure with environmental protection
requirements;
- Overall
illustration diagram of network of the abovementioned wastewater collection and
drainage network;
- Description
of other wastewater collection and drainage measures (if any).
(For a business that provides
hazardous waste treatment services and has hazardous waste transfer stations,
report this content to each hazardous waste transfer station).
1.3. Wastewater treatment:
- Clear
description of each wastewater treatment work constructed and installed or
equipment for synchronous and packaged waste treatment: functions of each work;
scale, capacity, technology and procedures for operation and operating
mechanism of the work (including illustration diagram of the treatment
technology); types of chemicals and biological preparations used; power
consumption norms and chemicals used during operation; requirements concerning
technical regulations and standards (if any) applicable to treated wastewater.
CO/CQ of the equipment for synchronous and packaged waste treatment (if any);
- Equipment
and system for automatic and continuous wastewater monitoring (if any), CO/CQ
and inspection, calibration or testing record of the equipment and system for
automatic and continuous wastewater monitoring; clarifying the connection and
transmission of automatic and continuous wastewater monitoring data to the
local Department of Natural Resources and Environment for inspection and supervision;
- Description
of other wastewater treatment measures (if any).
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2. Works
and measures for dust and emission treatment (if any):
For each dust and emission
treatment work, please specify:
- Works
for collection of treated emissions: detailed description of technical
specifications (structure, size, length, etc.) of each work for collection of
emissions from generation source to emission treatment works;
- Dust
and emission treatment works constructed and installed or equipment for
synchronous and packaged emission treatment: functions of each work (specifying
the business’ stage or production line for which the work treats dust or
emissions); scale, capacity and procedures for operation and operating
mechanism of the work (including illustration diagram of the treatment
technology); types of chemicals and catalysts used; norms for consumption of
electricity and chemicals for operation of the works; requirements concerning
technical regulations and standards (if any) applicable to treated dusts and
emissions; CO/CQ of the equipment for synchronous and packaged waste treatment
(if any);
- Equipment
and system for automatic and continuous emission monitoring (if any), CO/CQ and
inspection, calibration or testing record of such equipment and system;
clarifying the connection and transmission of automatic and continuous emission
monitoring data to the Department of Natural Resources and Environment for
inspection and supervision;
- Description
of other dust and emission treatment measures (if any).
(For a business that provides
hazardous waste treatment services and has hazardous waste transfer stations,
report this content to each hazardous waste transfer station).
3. Works
and measures for normal solid waste storage and treatment:
- Clear
description of each work for storage of domestic solid waste and normal
industrial solid waste: functions and basic technical specifications,
compliance with environmental protection requirements during waste storage;
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- For
a business that carries out centralized solid waste treatment, specifying the
collection works, equipment and vehicle serving solid waste treatment;
- Report
on type and weight of normal solid waste (domestic waste, normal solid
industrial waste, etc.) generated at the business;
- Other
measures for normal solid waste storage and treatment (if any).
4. Works
and measures for hazardous waste storage and treatment:
- Clear
description of each work for storage of hazardous waste, including functions
and basic technical specifications for the purpose of compliance with
environmental protection requirements;
- Work
for treatment of normal industrial solid waste generated within the business
(if any): functions, scale, capacity, technology and basic technical
specifications enclosed with operation procedures;
(For the business that
provides hazardous waste treatment services: systems and equipment for
hazardous waste treatment are described in detailed under Section 3 of Chapter
I).
- Reporting
type and total weight of hazardous waste generated at the business (kg/year and
kg/month);
- Description
of other measures for storage and treatment of other hazardous waste (if any).
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- Business'
works and measures for reducing noise and vibration.
- Technical
regulations and standards (if any) applicable to noise and vibration generated
by the business.
6. Environmental
emergency prevention and response measures:
- Detailed
description of each work or piece of equipment for prevention of and response
to environmental emergencies caused by wastewater during trial operation and
operation (if any): clearly specifying scale, capacity, operation procedures
and basic technical specifications of the work;
- Detailed
description of each work or piece of equipment for prevention of and response
to environmental emergencies caused by dust and emissions during trial
operation and operation (if any): clearly specifying scale, capacity, operation
procedures and basic technical specifications of the work;
- Detailed
description of each work or piece of equipment for prevention of and response
to oil spill and works for prevention and response to other environmental
emergencies (if any): clearly specifying scale, capacity, operation procedures
and basic technical specifications of the work;
- Description
of other environmental emergency prevention and response measures (if any).
7. Other
environmental protection works and measures (if any):
Description of other environmental
protection works (if any), clearly specifying their functions and basic
technical specifications. Description of
other environmental protection measures applicable to the business.
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Specifying changes which are made
to the decision on approval for EIAR appraisal result or component
environmental license (if any) but not to the extent that EIA is carried out;
clarifying the reasons and legal bases for the changes.
9. Changes
to the issued environmental license (when applying for issuance of
environmental license as prescribed in this Decree)
(This part only specifies
changes to the previously issued environmental license).
10. Plan
and schedule for and results of implementation of the environmental improvement
and remediation scheme or biodiversity offsets scheme (if any):
This part is intended for reporting
of the plan and schedule for and result of implementation of the environmental
improvement and remediation scheme or biodiversity offsets scheme proposed in
the approved EIAR.
Note: For contents
from Section 1 to Section 9 existing part and part planned for expansion,
capacity increase or other changes (if any) are also included.
Chapter
IV
CONTENTS
OF PROPOSAL FOR ISSUANCE OR RE-ISSUANCE OF ENVIRONMENTAL LICENSE
1. Contents
to be licensed with respect to wastewater (if any):
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+ Source No. 01:
+ Source No. 02:
…………………..
- Maximum discharge rate: specify
the maximum discharge rate to be licensed.
- Wastewater
effluents: clearly specifying the number of wastewater effluents to be licensed
(effluents of treated wastewater discharged into environment (water receiving
bodies)).
- Pollutants
and permissible limits of pollutants by wastewater effluents: clearly
specifying pollutants to be licensed and permissible limits of pollutants by
wastewater effluents, ensuring the conformity with nature of the business,
waste source and environmental technical regulation.
- Location
and method of discharge of wastewater and wastewater receiving bodies: clearly
specifying the location of wastewater (with geographic coordinates), method of
waste discharge (self-flowing, forced discharge), wastewater receiving bodies.
2. Contents
to be licensed with respect to emissions (if any):
- Source
of generation of emissions: clearly specifying each source of generation of
emissions to be licensed.
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+ Source No. 02:
………………….
- Maximum emission discharge rate:
specifying the maximum emission discharge rate to be licensed.
- Emission
streams: clearly specifying the number of emission streams to be licensed
(streams of treated emissions discharged into the environment).
- Pollutants
and permissible limits of pollutants by emission streams: clearly specifying
pollutants to be licensed and permissible limits of pollutants by emission
streams, ensuring the conformity with nature of the business, waste source and
environmental technical regulation.
- Location
and method of discharge of emissions: clearly specifying the location of
discharge of emissions (with geographic coordinates), discharge methods.
3. Contents
to be licensed with respect to noise and vibration (if any):
- Source
of generation: clearly specifying each source of generation of noise and
vibration to be licensed.
- Permissible
limits of noise and vibration: clearly specifying permissible limits of noise
and vibration in accordance with technical environmental regulation.
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- Works
and system for hazardous waste treatment: clearly specifying each work and
system for hazardous waste treatment; scale and capacity of each work and
treatment method using the table below:
No.
Name
of work/system for hazardous waste treatment
Treatment
capacity (kg/year)
Treatment
method
Note
1
Name of work 1
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2
Name of work 2
…..
....
3
…………….
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....
…………….
- Hazardous
waste codes and weight of waste permitted to be treated: clearly specifying
each hazardous waste code and volume of hazardous waste to be licensed using
the table below:
No.
Name
of waste
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Treatment
method
Weight
(kg/year)
Total weight
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- Number
of hazardous waste transfer stations: clearly specifying the number of
hazardous waste transfer stations to be licensed; location and area of each
hazardous waste transfer station, including:
+ Name of hazardous waste transfer
station No. …………………………………….
+
Address:………………………………………………………………………………..
+
Area:……………………………………………………………………………..
+ Phone
number:………………….Fax:……………………E-mail:………………………
- Operating
location of the business providing hazardous treatment services by provinces,
central-affiliated cities, and economic zones.
5. Contents
to be licensed of the business that imports scrap from a foreign country as raw
materials for production (if any):
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- Weight
of scrap permitted to be imported with respect to investment project: clearly
specifying each type of scrap to be imported.
Chapter
V
RESULTS
OF ENVIRONMENTAL PROTECTION ACTIVITIES AND STATUS OF ENVIRONMENTAL PROTECTION
BY BUSINESS
1. General
information about status of environmental protection:
- Summary
of status of implementation of regulations of law on environmental protection,
requirements to be satisfied by the business owner as requested by the
competent authority.
- Summary
of environment-related issues (enclosed with reports in the Appendix) of the
business owner already sent to the competent authority.
2. Performance
of the wastewater treatment work:
Based on the annual environmental
protection report, the business owner shall consolidate information on the
performance of the wastewater treatment work in the last 02 years prior to the
time of preparing the proposed report, including:
- Consolidate
each year’s information on the total discharge rate of domestic wastewater and
industrial wastewater discharged into the environment or connected to the
wastewater treatment system of the dedicated area for production, business
operation and service provision or industrial cluster (for businesses located
in the dedicated area for production, business operation and service provision
or industrial cluster) or transferred to a competent unit for treatment.
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- Tabulating
results of periodic monitoring of wastewater (if the business is required to
carry out periodic monitoring of wastewater) each year, clearly specifying
standards and technical environmental regulation applied to assess waste
sources. If the business is not required to
carry out periodic monitoring of wastewater as prescribed, tabulate results of
additional wastewater monitoring in the course of preparing the report on
proposal for issuance of environmental license; specify standards and technical
environmental regulation applied to assess waste sources.
- Status
and performance of the automatic and continuous wastewater monitoring system
(if the business is required to carry out automatic and continuous wastewater
monitoring) each year.
- Incidents
involving the wastewater treatment system (if any), results of periodic,
automatic and continuous wastewater monitoring exceeding the allowable limit
values (if any) in the environmental license, component environmental
license, environmental technical regulations and causes, review and remedial
measures.
- Time
of maintenance, servicing and replacement of equipment of the wastewater
treatment work.
- Comprehensive
assessment of the efficiency, suitability and responsiveness of the wastewater
treatment work.
3. Performance
of the dust and emission treatment work:
Based on the annual environmental
protection report, the business owner shall consolidate information on the
performance of the emission treatment work in the last 02 years prior to the
time of preparing the proposed report, including:
- Tabulating
results of periodic monitoring of emissions (if the business is required to
carry out periodic monitoring of emissions) each year, clearly specifying
standards and technical environmental regulation applied to assess waste
sources. If the business is not required to
carry out periodic monitoring of emissions as prescribed, tabulate results of
additional emission monitoring in the course of preparing the report on
proposal for issuance of environmental license; specify standards and technical
environmental regulation applied to assess waste sources.
- Status
and performance of the automatic and continuous emission monitoring system (if
the business is required to carry out automatic and continuous emission
monitoring) each year.
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- Time
of maintenance, servicing and replacement of equipment of the dust and emission
treatment work.
- Comprehensive
assessment of the efficiency, suitability and responsiveness of the dust and
emission treatment work.
4. Results
of waste collection and treatment (for the business that provides waste
treatment services):
- Aggregate
and produce statistics on the weight of collected and treated domestic solid
waste each year (by each method).
- Aggregate
and produce statistics on the number of waste source owners; the weight of
normal industrial solid waste collected and treated each year (by each method).
- Aggregate
and produce statistics on the number of waste source owners; the weight of
hazardous waste collected and treated each year (by each method).
- Incidents
involving waste treatment works, systems and equipment; causes, review and
remedial measures. Time of maintenance,
servicing and replacement of equipment of the dust and emission treatment work.
- General
assessment of the current status of licensed waste treatment systems, works and
equipment.
5. Results
of import and use of scrap imported as raw materials for production (for the
business that uses scrap imported as raw materials for production):
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- General
assessment of the current status of licensed systems, works and equipment for
scrap recycling.
- Violations
involving and re-export of imported scrap shipments that do not meet
environmental technical regulations (if any).
6. Status
of generation and treatment of waste:
Aggregate and produce statistics on
the weight of each type of waste generated, self-treated, and transferred each
year.
7. Results
of environmental protection inspection and examination by the business:
Clearly specify inspections of
environmental protection by the competent authority in the last 02 years before
the date of preparing a report and attach inspection decisions and conclusions
(if any). In case of any violation against
regulations on environmental protection, clearly specify corrective actions.
Chapter
VI
TRIAL
OPERATION PLAN AND ENVIRONMENTAL MONITORING PROGRAM OF BUSINESS
Based on environmental protection
works of the business, the business owner shall carry out a review itself and
propose a plan for trial operation of waste treatment works (if any, in case of
proposing for re-issuance of environmental license) and environmental
monitoring program during operation period. To be specific:
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1.1. Expected date of trial
operation:
Making a detailed list of plans for
trial operation of completed waste treatment works of the business, including
starting and ending dates. Expected capacity
of each item or the entire business on the ending date of trial operation.
1.2. Plans for waste monitoring and
assessment of effectiveness of waste treatment works and equipment in
treatment:
- Detailed
plan regarding expected date of collection of samples of waste before its
discharge into the environment or outside a treatment work/equipment
- Plan
for measurement, collection and analysis of waste samples for assessment of
effectiveness of waste treatment works and equipment in treatment: The
assessment must be carried out at each treatment stage and for the entire
treatment system (aggregate sampling). If the packaged treatment work or
equipment or small-scale treatment work only carries out single sampling for
monitoring purpose; time and frequency of sampling shall comply with prescribed
standards and technical regulations.
- The
provider eligible to provide environmental monitoring services shall cooperate
in implementing the plan.
2. Waste
monitoring program (automatic, continuous and periodic) prescribed by law.
2.1. Periodic environmental
monitoring program:
- Wastewater
monitoring: monitoring location, frequency and parameters, technical
regulations applied.
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2.2. Program for automatic and
continuous monitoring of waste:
- Wastewater
monitoring: monitoring parameters, technical regulations applied.
- Industrial
dust and emission monitoring: quantity, monitoring parameters, technical
regulations applied.
2.3. Periodic environmental
monitoring activities, other automatic and continuous environmental monitoring
activities prescribed by relevant regulations of law or requested by the
business owner.
3. Annual
funding for environmental monitoring.
Chapter
VII
UNDERTAKINGS
OF BUSINESS OWNER
This part clearly specifies
undertakings of the business owner to the following:
- Accuracy
and truthfulness of the application for issuance of environmental license.
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- Proper
and full compliance with regulations of the Law on Environmental Protection and
this Decree (review and fully list responsibilities to be fulfilled as
prescribed in the Law on Environmental Protection and this Decree).
APPENDICES
TO REPORT
Appendix 1:
- Copies
of the investment registration certificate or equivalent documents;
- Land-related
documents or copy of the lease land agreement of the business in accordance
with law;
- Certificates
and certificates of recognition of synchronous waste treatment works and
equipment imported or commercialized (if any);
- Records
of commissioning and transfer of environmental protection works or other
documents related to environmental protection works of the business;
- Reports
on results of environmental monitoring at the business;
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Appendix 2:
* For a business involved in
used ship breaking:
- Procedures
for control of dangerous and harmful factors and methods for handling of
technical issues that seriously threaten occupational safety and health (for
the ship breaking facility);
- As-built
documentation regarding technical infrastructure and infrastructure serving
ship breaking (if any);
- Other
documents relating to measures for environmental protection and environmental
emergency response during ship breaking in accordance with the Government’s
regulations on import and breaking of used ships;
- Certificate
of environmental management system under TCVN ISO 14001 or ISO 14001 (if any).
* For a business that uses
scrap imported from a foreign country as raw materials for production: the
following documents shall be attached:
- A
copy of the agreement on transfer and treatment of impurities and waste with an
appropriate licensed service provider (if there is not any technology or
equipment for treating impurities accompanying scrap or waste generated), if
any.
- Certificate
of environmental management system under TCVN ISO 14001 or ISO 14001 (if any).
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- Documents
relating to the planning contents specified in point a clause 3 Article 84 of
the Law on Environmental Protection and written appraisal and opinions prescribed
by regulations of law on technology transfer specified in point c clause 3
Article 84 of the Law on Environmental Protection with respect to the
investment project that provides hazardous waste treatment services;
- Land-related
documents or copy of agreement on lease of premises for construction of
hazardous waste transfer station;
- Decision
on approval for result of EIAR appraisal; copy of environmental protection plan
or environmental protection commitment certified by the competent authority for
the project on investment in work items serving storage of hazardous waste at
the hazardous waste transfer station (if these documents are not submitted
together with the application for issuance of environmental license);
- Map
of zoning of dedicated areas (also known as general plan) in a waste treatment
facility and hazardous waste transfer station (if any);
- Environmental
management plan under the guidance of the Ministry of Natural Resources and
Environment prescribed in Article 84 of the Law on Environmental Protection.
- Certificate
of environmental management system under TCVN ISO 14001 or ISO 14001.
* For a business involved in
mineral mining: the following documents shall be attached:
Map of location of mine site (at
1/5,000 or 1/10,000 scale); Topographic map with (or without) the mine outcrop
(at 1/1,000 or 1/2,000 scale); map showing the end of each mining phase; map of
the mine’s general plan (at 1/2,000 or 1/5,000 scale) showing all work items
and technical system; map showing termination of mining (at 1/2,000 or 1/5,000
scale); map of the current mine’s general plan (at 1/2000 or 1/5,000 scale)
showing all work items and technical system; map of locations where environment
improvement and remediation take place (at 1/5000 or 1/10,000 scale); map
showing environmental improvement and remediation by period and year; map
showing restoration of post-mining site (at 1/1,000 or 1/2,000 scale).
Note: If the
environmental license is re-issued as prescribed in points a and c clause 4
Article 30 of this Decree, the report on proposal for re-issuance of
environmental license is not required to specify the contents specified in
Chapters I and III and relevant Appendices (except section 9) of this form.
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Appendix
XI
TEMPLATE
FOR REPORT ON PROPOSAL FOR ADJUSTMENT OF ENVIRONMENTAL LICENSE OF OPERATING
BUSINESSES
1. Template
for report cover and frontispiece
Superior
authority of business owner
(1)
REPORT
ON PROPOSAL FOR ADJUSTMENT OF ENVIRONMENTAL LICENSE
of (2) (name of business)
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BUSINESS
OWNER (*)
(Signature, full name, seal)
Place
name (**), ... (mm) ... (yyyy)
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2. Structure
and contents of report on proposal for issuance or re-issuance of environmental
license of an operating business or operating dedicated area for production,
business operation and service provision (hereinafter referred to as “the
business”)
TABLE
OF CONTENTS
LIST
OF GLOSSARY AND ABBREVIATIONS
LIST OF TABLES AND FIGURES
Chapter
I
GENERAL
INFORMATION ABOUT BUSINESS
1. Name
of business owner (Owner or organization/individual directly managing and
operating the entire business):
..............................................................................................................
- Office
address:
.........................................................................................
- Business
owner’s legal representative: ...............................................
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- Investment
certificate/Business registration certificate No. ........... dated ...... of
the business or equivalent document.
2. Business’s
name: ....................................................................................................
- Business’
address:
..............................................................................................
- Business’
environmental license: ..................................................................
- Scale
of the business: specify the change (if any).
3. Capacity,
technology and products manufactured of the business (only describe the
proposed adjustments):
3.1. Operating capacity of the
business: ................................................................
3.2. Production technology of the
business: ..................................................................
3.3. Product of the business:
..................................................................................
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5. For
a business that uses scrap imported from a foreign country as raw materials for
production, specify the availability of warehouses and yards for scrap storage;
recycling equipment; impurity treatment scheme; scrap re-export scheme (only
describe the proposed adjustments).
6. Other
changes (if any): ...............................................
Chapter
II
CHANGES
RELATING TO BUSINESS’ ENVIRONMENTAL PROTECTION WORKS AND MEASURES
1. Works
and measures for drainage of rainwater and collection and treatment of
wastewater (if any):
1.1. Rainwater collection and
drainage:
- Detailed
description of technical specifications (structure, size, length, etc.) of the
surface water collection and drainage work; number and location of each point
of drainage of surface rainwater into environment enclosed with the operation
procedures at each drainage point (such as self-flowing, spillway, block
valves, etc.) and illustration diagram;
- Description
of other rainwater collection and drainage measures (if any).
(For a business that provides
hazardous waste treatment services and has hazardous waste transfer stations,
report this content to each hazardous waste transfer station).
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- Wastewater
collection work: detailed description of technical specifications (structure,
size, length, etc.) of each route of collection of domestic and industrial
wastewater from generation source to wastewater treatment works;
- Wastewater
drainage work: detailed description of technical specifications (structure,
size, length, etc.) of each route of drainage of wastewater before its
discharge to environment or outside of the waste treatment work;
- Point
of discharge of treated wastewater: detailed description of point of wastewater
discharge; assessment of satisfaction of technical requirements by point of
wastewater discharge/wastewater connection; receiving body of wastewater. If the receiving body is a hydraulic structure,
specify its name and regulatory body managing such hydraulic structure;
compliance of the hydraulic structure with environmental protection
requirements;
- Overall
illustration diagram of network of the abovementioned wastewater collection and
drainage network;
- Description
of other wastewater collection and drainage measures (if any).
(For a business that provides
hazardous waste treatment services and has hazardous waste transfer stations,
report this content to each hazardous waste transfer station).
1.3. Wastewater treatment:
- Clear
description of each wastewater treatment work constructed and installed or
equipment for synchronous and packaged waste treatment: functions of each work;
scale, capacity, technology and procedures for operation and operating
mechanism of the work (including illustration diagram of the treatment
technology); types of chemicals and biological preparations used; power
consumption norms and chemicals used during operation; requirements concerning
technical regulations and standards (if any) applicable to treated wastewater.
CO/CQ of the equipment for synchronous and packaged waste treatment (if any);
- Equipment
and system for automatic and continuous wastewater monitoring (if any), CO/CQ
and inspection, calibration or testing record of the equipment and system for
automatic and continuous wastewater monitoring; clarifying the connection and
transmission of automatic and continuous wastewater monitoring data to the
local Department of Natural Resources and Environment for inspection and
supervision;
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(For a business that provides
hazardous waste treatment services and has hazardous waste transfer stations,
report this content to each hazardous waste transfer station).
2. Works
and measures for dust and emission treatment (if any):
For each dust and emission
treatment work, please specify:
- Works
for collection of treated emissions: detailed description of technical
specifications (structure, size, length, etc.) of each work for collection of
emissions from generation source to emission treatment works;
- Dust
and emission treatment works constructed and installed or equipment for
synchronous and packaged emission treatment: functions of each work (specifying
the business’ stage or production line for which the work treats dust or
emissions); scale, capacity and procedures for operation and operating
mechanism of the work (including illustration diagram of the treatment
technology); types of chemicals and catalysts used; norms for consumption of
electricity and chemicals for operation of the works; requirements concerning
technical regulations and standards (if any) applicable to treated dusts and
emissions; CO/CQ of the equipment for synchronous and packaged waste treatment
(if any);
- Equipment
and system for automatic and continuous emission monitoring (if any), CO/CQ and
inspection, calibration or testing record of such equipment and system;
clarifying the connection and transmission of automatic and continuous emission
monitoring data to the Department of Natural Resources and Environment for
inspection and supervision;
- Description
of other dust and emission treatment measures (if any).
(For a business that provides
hazardous waste treatment services and has hazardous waste transfer stations,
report this content to each hazardous waste transfer station).
3. Works
and measures for normal solid waste storage and treatment:
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- Work
for treatment of normal industrial solid waste generated within the business
(if any): functions, scale, capacity, technology and basic technical
specifications enclosed with operation procedures;
- For
a business that carries out centralized solid waste treatment, specifying the
collection works, equipment and vehicle serving solid waste treatment;
- Report
on type and weight of normal solid waste (domestic waste, normal solid
industrial waste, etc.) generated at the business;
- Other
measures for normal solid waste storage and treatment (if any).
4. Works
and measures for hazardous waste storage and treatment:
- Clear
description of each work for storage of hazardous waste, including functions
and basic technical specifications for the purpose of compliance with
environmental protection requirements;
- Work
for treatment of normal industrial solid waste generated within the business
(if any): functions, scale, capacity, technology and basic technical
specifications enclosed with operation procedures;
- For
a business that treats hazardous waste, clearly specifying the system, work and
equipment for storage, transport, transfer, preliminary processing and
treatment of hazardous waste;
- Reporting
type and total weight of hazardous waste generated at the business (kg/year and
kg/month);
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5. Works
and measures for reducing noise and vibration (if any):
- Works
and measures for reducing noise and vibration generated by the business;
- Technical
regulations and standards (if any) applicable to noise and vibration generated
by the business.
6. Environmental
emergency prevention and response measures:
- Detailed
description of each work or piece of equipment for prevention of and response
to environmental emergencies caused by wastewater during trial operation and
operation (if any): clearly specifying scale, capacity, operation procedures
and basic technical specifications of the work;
- Detailed
description of each work or piece of equipment for prevention of and response
to environmental emergencies caused by dust and emissions during trial
operation and operation (if any): clearly specifying scale, capacity, operation
procedures and basic technical specifications of the work;
- Detailed
description of each work or piece of equipment for prevention of and response
to oil spill and works for prevention and response to other environmental
emergencies (if any): clearly specifying scale, capacity, operation procedures
and basic technical specifications of the work;
- Description
of other environmental emergency prevention and response measures (if any).
7. Other
environmental protection works and measures (if any):
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8. Changes
to the decision on approval for result of EIAR appraisal (if any):
Specifying changes which are made
to the decision on approval for EIAR appraisal result or component
environmental license (if any) but not to the extent that EIA is carried out;
clarifying the reasons and legal bases for the changes.
9. Changes
to the issued environmental license (when applying for issuance of
environmental license as prescribed in this Decree)
(This part only specifies
changes to the previously issued environmental license).
10. Plan
and schedule for and results of implementation of the environmental improvement
and remediation scheme or biodiversity offsets scheme (if any):
This part is intended for reporting
of the plan and schedule for and result of implementation of the environmental
improvement and remediation scheme or biodiversity offsets scheme proposed in
the approved EIAR.
Note: For contents
from Section 1 to Section 10, only describe additional items or parts that are
existing but different from the granted environmental license.
Chapter
III
PROPOSED
ADJUSTMENTS TO ENVIRONMENTAL LICENSE
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2. Licensing
contents with respect to emissions (if any):
3. Licensing
contents with respect to noise and vibration (if any):
4. Licensing
contents with respect to the business that provides hazardous waste treatment
services (if any):
5. Licensing
contents with respect to the business that imports scrap from a foreign country
as raw materials for production (if any):
Chapter
IV
UNDERTAKINGS
OF BUSINESS OWNER
This part clearly specifies
undertakings of the business owner to the following:
- Accuracy
and truthfulness of the application for adjustment of environmental license.
- Treatment
of waste in accordance with standards, environmental technical regulations and
other relevant environmental protection requirements.
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APPENDICES
TO REPORT
Legal documents related to changes.
11. Appendix XIII is amended as
follows:
Appendix
XIII
TEMPLATE
FOR APPLICATION FOR ISSUANCE, ADJUSTMENT OR RE-ISSUANCE OF ENVIRONMENTAL
LICENSE OF INVESTMENT PROJECTS AND BUSINESSES
(1)
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------
No.
……….
Re.
application for issuance/adjustment/re-issuance of environmental license of
(2)
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To:
(3)
1. We
are: (1), owner of (2) in the section No. ... Appendix ... promulgated together
with the Government’s Decree No. ... /....../ND-CP dated .... on elaboration of
some Articles of the Law on Environmental Protection.
Pursuant to regulations of law on
environmental protection, (2) must obtain an environmental license from (3).
(2) has been issued with the
environmental license No. ......../GPMT-……dated.... (dd) .... (mm) ……. (yyyy)
by (3) (only mentioned in case of adjustment or re-issuance of the
environmental license).
2. Head
office of (1):
3. Location
of (2):
Investment certificate/Business
registration certificate No. ................. dated ........... of (1) or
equivalent document.
4. Legal
representative of (1): …………………...... Position: ................
...
...
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5. Contact
person: ................................ Position:
.............................. Phone number:
.....................................; Email: ........................
We would like to send (3) an
application consisting of:
- 01
report on proposal for issuance/re-issuance/adjustment of environmental license
of (2);
- 01
feasibility study report or a document equivalent to the feasibility study
report of (2) (only submitted if (2) is not required to undergo EIA) (not
required in the event of adjustment of the environmental license);
- 01
decision on EIAR approval or a document equivalent to the decision on EIAR
approval prescribed in clause 2 Article 171 of the Law on Environmental
Protection (including required documents submitted together with the equivalent
document), which contain details about import and use of scrap imported from a
foreign country for raw materials for production (only compulsory to the
investment project/business applying for import of scrap from a foreign country
for raw materials for production) (not required in the event of adjustment of
the environmental license).
We are committed to the
truthfulness and accuracy of the information and data provided in the
abovementioned documents. If anything goes
wrong, we will be held totally responsible to Vietnam's laws.
(3) is kindly requested to
consider issuing/adjusting/re-issuing the environmental license of (2)./.
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Note: (1) Investment
project/business owner; (2) Full and accurate name of the investment
project/business; (3) Authority having power to issue the environmental license
of (2).
12. Appendix XV is amended as follows:
Appendix
XV
TEMPLATE
FOR REPORT ON RESULTS OF TRIAL OPERATION OF WASTE TREATMENT WORKS OF PROJECT
SPECIFIED IN CLAUSE 4 ARTICLE 46 OF LAW ON ENVIRONMENTAL PROTECTION
(1)
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------
No.
…
Place
name (**),… (dd) … (mm) …… (yyyy)
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REPORT
Results
of trial operation of waste treatment works of the Project/business
(3)
To:
(2)
1. General
information about project/business:
- Name
of the investment project/business: ……………………………………………………………………
- Office
address:
........................................................................................
- Phone
number: ......................................; Fax: ……………….…….; E-mail: ...............
- Location
of the project/business:
..................................................................
- Project’s/Business'
environmental license No. ..................................................
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a) Wastewater treatment system
Result of assessment of
effectiveness of wastewater treatment work (clearly specifying name and contact
address of the environmental monitoring service provider: time, frequency,
method and result of sample measurement, collection and analysis); information
on conditions for trial operation at the dates and time of sampling).
- Result
of assessment of conformity of the wastewater treatment system which is carried
out using the wastewater monitoring result (result of measurement carried out
using the field rapid measuring instrument, laboratory collection and analysis
of samples) of environmental parameters in accordance with environmental
technical regulations on industries and fields to which separate technical
regulation or national/local technical regulation on wastewater (domestic or
industrial) applies or permissible limit value specified in the environmental
license and is presented using the table below:
Measurement
and collection of sample for analysis; treatment efficiency
Discharge
rate
(Unit)
Pollution
parameter
Parameter
A
Parameter
B
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After
treatment
Before
treatment (if any)
After
treatment
Before
treatment (if any)
After
treatment
1st time
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2nd time
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n time, …….
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- Result
of assessment of effectiveness of the wastewater treatment system carried out
using automatic and continuous wastewater monitoring data (if the installation
is required) on the dates of collecting and analyzing wastewater samples in the
laboratory. Automatic and continuous
monitoring results shall be compared with field rapid measurement results and
results of laboratory collection and analysis of samples. Average daily value of automatic and continuous
monitoring results shall be compared with the maximum value of environmental
parameters specified in corresponding environmental technical regulations so as
to assess the conformity with technical regulations (regardless of methods for
measurement, collection and analysis of samples specified in the technical
regulations) and shall be presented using the following table:
Average
daily value (24 hours) of measurement results compared with maximum value
specified in technical regulation on waste
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Automatic
and continuous monitoring parameter
Parameter
A
Parameter
B
…
Before
treatment (if any)
After
treatment
Before
treatment (if any)
After
treatment
Before
treatment (if any)
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1st day
2nd day
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n day (result of assessment
carried out on the date of collection of sample for laboratory analysis)
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Under QCVN (corresponding to each
type of production).
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- Results
of classification of industrial waste that has to be controlled (if any).
- In
case the sample analysis results show that the specified requirements are not
met, the cause and implemented remedial measures must be clearly stated.
- Incidents
that occurred (if any) and remedies.
In case the project/business has
at least 02 works, systems or pieces of equipment discharging wastewater into
the environment that must undergo trial operation, the assessment of the next
works, systems or pieces of equipment is similar to that of the first works,
systems, or pieces of equipment.
b) Works for dust and emission
treatment:
Result of assessment of
effectiveness of the dust and emission treatment work/equipment: the assessment
shall be carried out using the emission monitoring result (result of measurement
carried out using the field rapid measuring instrument, laboratory collection
and analysis of samples) and automatic and continuous monitoring data (if any). The investment project owner shall carry out
consolidation using a table according to section 1.
3. Works,
systems and equipment for waste treatment (for a business that provides
hazardous waste treatment services):
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- Summary
table of weight and types of waste collected and treated during the trial
operation:
No.
Name
of waste
Waste
code
Weight
collected (kg)
Weight
treated (kg)
1
...
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2
…
TOTAL
...
…
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…
- Summary
table of weight and type of waste treated by each work, system or piece of
equipment for treatment and recycling on the trial operation day (In case
the project/business has at least 02 works, systems or pieces of equipment that
must undergo trial operation, the assessment of the next works, systems or
pieces of equipment is similar to that of the first works, systems, or pieces
of equipment).
No.
Date
of trial operation
Weight
treated (kg)
Weight
of products recovered after treatment or recycling
(if any)
Weight
of waste generated after treatment (kg)
Management
measures (*)
1
...
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2
...
...
...
...
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…
TOTAL
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* Specify the management
measures: transfer to another unit for treatment; self-treatment (specify the
methods, system and equipment for treatment).
- Technical
specifications, operating conditions of waste treatment systems, works and
equipment and assessment of conformity with environmental technical regulations
(for cases where technical regulations require);
- Assess
the suitability of the weight and types of waste treated by each work, system
or piece of equipment for treatment and recycling for the licensed content in
the environmental license.
b) Adjustments to the type and
weight of hazardous waste specified in the issued environmental license (if
any):
(Clearly describe adjustments
to the type and weight of hazardous waste specified in the issued environmental
license; provide specific explanation for adjustments to the type and weight of
waste; legal bases for the adjustments (if any). In
case there is not any adjustment to the type and weight of hazardous waste
specified in the granted environmental license, clearly state the contents
regarding the type and weight of hazardous waste in accordance with the granted
environmental license).
4. Recycling
works, systems and equipment (for the business that uses scrap imported from a
foreign country as raw materials for production):
a) Results of import of scrap and
use of imported scrap of works, systems and equipment undergoing trial
operation:
- Summary
table of weight and types of imported scrap imported and used during the trial
operation:
No.
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Weight
imported (kg)
Weight
used (kg)
1
2
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…
…
...
…
TOTAL
- Summary
table of weight and type of scrap used by each recycling work, system or piece
of equipment on the trial operation day (In case the project/business has at
least 02 works, systems or pieces of equipment that must undergo trial
operation, the assessment of the next works, systems or pieces of equipment is
similar to that of the first works, systems, or pieces of equipment).
...
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Date/month/year
Weight
used (kg)
Weight
of products recovered after recycling
(if any)
Weight
of waste generated after recycling (kg)
Loss
factor
1
…
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2
...
…
…
...
...
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TOTAL
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b) Adjustments to the weight of
scrap imported specified in the issued environmental license (if any):
(Clearly describe adjustments
to the type and weight of scrap permitted to be imported specified in the
issued environmental license; provide specific explanation for adjustments to
the weight of scrap permitted to be imported; legal bases for the adjustments
(if any). In case there is not any
adjustment to the weight of scrap permitted to be imported specified in the
granted environmental license, clearly state the weight of scrap permitted to
be imported in accordance with the granted environmental license).
5. Other
information relating (if any):
We undertake that the information
and figures provided are true and correct. If anything goes wrong, we will be
held totally responsible to the law.
LEGAL
REPRESENTATIVE OF …(1)…
(Signature, full name; position and seal)
Note: (1) Investment
project owner; (2) Name of the authority having power to issue the license; (3)
Full and accurate name of the project or of the investment item/phase of the
project (3).
* The Appendix to the report on
results of operation of environmental protection works of the project is
composed of the following documents (depending on the type of project and each
specific project, one or more of the following documents may be included):
as-built dossier enclosed with an explanatory note to procedures for operation
of waste treatment works; certificates and certificates of recognition of
imported or commercialized synchronous equipment for environmental remediation;
reports on results of measurement and analysis of samples for trial operation
of waste treatment works; competent authorities' written approval for changes
and adjustments to the project's EIAR; records of commissioning and transfer of
waste treatment works or other documents relating to waste treatment works;
logbook recording operation of waste treatment works; logbook recording
operation of production line using scrap imported as raw materials for
production (for the project using scrap imported as raw materials for
production); hazardous waste manifest (for the project that involves hazardous
waste treatment).
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Appendix
XVI
LIST
OF INVESTMENT PROJECTS AND MANUFACTURING AND BUSINESS ESTABLISHMENTS EXEMPTED
FROM ENVIRONMENTAL REGISTRATION
1. Human
resources training; consultancy activities, technology transfer, vocational
training, training in technology or management skills, information provision,
marketing, investment and trade promotion.
2. Production,
presentation and release of television programs; production of films, videos;
television activities, recording activities and music publishing.
3. Commercial
services, mobile trading without any fixed location.
4. Commercial
services, trading in consumer products and goods and household articles with a
construction area of less than 200 m2.
5. Food
and beverage services with a restaurant area of less than 200 m2.
6. Household
article repair and maintenance services rendered by individuals and households.
7. Photocopying,
internet and video game services.
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9. Testing
cultivation of plant species with an area of less than 01 hectare.
10. Construction
of housing for individuals or households.
11. Projects
and establishments engaging in aquaculture on oceans, rivers, streams and
reservoirs.
14. Appendix XVII is amended as
follows:
Appendix XVII
LIST OF POPs AND SPECIFIC EXEMPTIONS UNDER STOCKHOLM
CONVENTION
No.
Name
Annexes to Stockholm Convention
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Activity
Specific exemptions under Stockholm Convention
1
Hexabromodiphenyl
ether and Heptabromodiphenyl ether (HBDE)
A
For industrial uses
Production
None.
Use
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2
Tetrabromodiphenyl
ether and Pentabromodiphenyl ether (POP-BDE)
A
For industrial uses
Production
None.
Use
Allowing
recycling, use and final disposal thereof under Stockholm Convention.
3
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B
For industrial and agricultural uses
Production
- Not
permitted to register for specific exemptions.
- As an
intermediate in case of registering specific exemptions with purposes.
Use
-
Permitted to register for specific exemptions with the following uses:
+ Metal
plating (hard metal plating) only in closed-loop systems;
+
Fire-fighting foam (Class B fires) in installed systems, including both
mobile and fixed systems.
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4
Hexabromocyc lododecane (HBCDD)
A
For industrial uses
Production
Expanded
polystyrene - EPS and extruded polystyrene - XPS insulation materials
in construction/buildings.
Use
EPS and
XPS insulation materials in construction/buildings.
5
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A
For agricultural uses, unintentionally produced
Production
Intermediates
in production of polyfluorinated naphthalenes, including
octafluoronaphthalene
Use
In PCN
containing products for agricultural uses, including octafluoronaphthalene
6
Decabromodiphenyl ether (DBDE)
A
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Production
As
allowed under Stockholm Convention.
Use
Permitted
for the following uses:
- Parts
for use in vehicles (used as insulation, wiring, upholstery, etc.);
-
Aircraft for which type approval has been applied for before December 2018
and has been received before December 2022 and spare parts for those aircraft;
-
Textile products that require anti-flammable characteristics, excluding
clothing and toys;
-
Additives in plastic housings and parts used for heating home appliances,
irons, fans, immersion heaters that contain or are in direct contact with electrical
parts or are required to comply with fire retardancy standards, at
concentrations lower than 10 per cent by weight of the part;
-
Polyurethane foam for building insulation.
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Short-chain chlorinated paraffins (SCCPs)
A
For industrial uses
Production
As
allowed under Stockholm Convention.
Use
Permitted
for the following uses:
-
Additives in the production of transmission belts in the natural and
synthetic rubber industry”;
- Spare
parts of rubber conveyor belts in the mining and forestry industries;
adhesives, etc.;
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-
Lubricant additives, in particular for engines of automobiles, electric
generators and wind power plants/facilities; and for drilling in oil and gas
exploration, petroleum refinery to produce diesel oil;
- Tubes
for outdoor decoration bulbs;
-
Waterproofing and fire-retardant paints;
- Metal
processing (a component of lubricants or coolants in metal cutting or metal
forming operations);
- Secondary
plasticizers in flexible polyvinyl chloride, except in toys and children's
products.
8
Perfluorooctanoic acid (PFOA), its salts and PFOA-related
compounds
A
For industrial uses
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- For
production other than fire-fighting foam.
- Other
production under Stockholm Convention.
Use
Permitted
for the following uses:
-
Photolithography or etch processes in semiconductor manufacturing;
-
Photographic coatings applied to films;
-
Textiles for oil and water repellency;
-
Invasive and implantable medical devices;
-
Fire-fighting foam (Class B fires);
...
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-
Manufacture of polyfluoroethylene propylene (FEP) for the production of
high-voltage electrical wire and cables for power transmission;
-
Manufacture of fluoroelastomers for the production of O-rings, v-belts and
plastic accessories for car interiors;
-
Production of pharmaceutical products.
15. The
Appendix XXII is replaced as follows:
Appendix
XXII
LIST
OF PRODUCTS AND PACKAGING SUBJECT TO MANDATORY RECYCLING, AND MANDATORY
RECYCLING RATES AND RECYCLING SPECIFICATIONS
No.
Categories
of products and packaging
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Mandatory
recycling rates for the first 03 years
Mandatory
packaging specifications
(1)
(2)
(3)
(4)
(5)
A. PACKAGING
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1
A.1. Paper packaging
A.1.1. Paper packaging and carton
packaging
20%
Selected recycling
solutions:
1. Produce
commercial pulp.
2. Produce
paper products such as kraft paper, carton paper, toilet tissue paper,
writing paper, etc.
A.1.2. Multilayer mixed paper
packaging (packaging consisting of at least 2 materials including paper and
at least 3 layers of material)
15%
...
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1. Produce
commercial pulp.
2. Produce
paper products such as kraft paper, carton paper, toilet tissue paper,
writing paper, etc. or other products such as sheet materials, roofing
sheets, etc.
2
A.2. Metal packaging
A.2.1. Aluminum packaging
22%
Selected recycling
solutions:
1. Produce
commercial aluminum billets.
2. Produce
other products.
...
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20%
Selected recycling
solutions:
1. Produce
commercial metal billets.
2. Produce
other products.
3
A.3. Plastic packaging
A.3.1. Rigid PET packaging
22%
...
...
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1. Produce
commercial PET plastic flakes and particles.
2. Produce
other products such as plastic fibers, yarns and packaging, etc. (excluding
fuels such as pellets, oil, etc.).
A.3.2. Rigid HDPE, LDPE, PP and
PS packaging
15%
Selected recycling
solutions:
1. Produce
commercial plastic flakes and plastic particles.
2. Produce
other products such as plastic fibers, yarns and packaging, oil, etc. (excluding
fuels such as pellets).
A.3.3. Rigid EPS and PVC
packaging and other rigid packaging
10%
...
...
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1. Produce
commercial plastic flakes and plastic particles.
2. Produce
other products such as plastic fibers, yarns and packaging, oil, etc.
(excluding fuels such as pellets).
- Rigid
EPS packaging
- Rigid
PVC packaging
- Other
rigid packaging
A.3.4. Flexible plastic packaging
...
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Selected recycling
solutions:
1. Produce
commercial plastic particles.
2. Produce
other products.
- Mono-material
flexible packaging
- Multi-material
flexible packaging
4
A.4. Glass packaging
...
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15%
Selected recycling
solutions:
1. Grind
into powder or glass beads for use a raw material for other production
processes.
2. Produce
other products.
B. BATTERIES AND CELLS
5
B.1. Batteries
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12%
Selected recycling
solutions:
Dismantle, sort and recover
plastic materials and produce lead ingots.
B.1.2. Other battery types
08%
Selected recycling
solutions:
Dismantle, sort and recover
plastic materials and lithium or other metals.
6
B.2. Rechargeable cells
...
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08%
Selected recycling
solutions:
Dismantle, sort and recover
plastic materials and lithium or other metals.
C. LUBRICATING OILS
7
C.1. Lubricating oils for
engines
C.1.1. Lubricating oils for
engines
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Selected recycling
solutions:
1. Produce
base oils.
2. Produce
other oil products.
D. TYRES AND TUBES
8
D.1. Tyres and tubes of all
kinds
D.1.1. Tyres and tubes of all
kinds
...
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Selected recycling
solutions:
1. Patch
and retread tyres and tubes according to the manfuacturer’s standards
2. Produce
rubber powder and granules.
3. Produce
other oil products.
DD.
ELECTRIC - ELECTRONICS
9
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DD.1.1. Refrigerators, freezers,
air conditioners, electric stoves, induction cookers, infrared cookers,
ovens, microwave ovens
05%
Selected recycling
solutions:
Dismantle, sort and recover each
type of material, including metal, plastic and other materials.
- Refrigerators,
freezers
- Air
conditioners
- Electric
stoves, induction cookers, infrared cookers, ovens, microwave ovens
...
...
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DD.1.2. Washing machines, clothes
dryers, speakers, amplifiers
09%
- Washing
machines, clothes dryers
- Speakers,
amplifiers
10
DD.2. Display devices
DD.2.1. Display devices:
televisions, desktop monitors
...
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Selected recycling
solutions:
1. Dismantle,
sort and recover each type of material, including metal, plastic and other
materials.
2. Grind
into powder or glass beads for use a raw material for other production
processes.
11
DD.3. Mobile electronics
DD.3.1. Laptops, notebooks, video
cameras (including flash), video recorders
09%
Selected recycling
solutions:
1. Dismantle,
sort and recover plastic materials and produce lead ingots.
...
...
...
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- Laptops,
notebooks
- Video
cameras (including flash), video recorders
DD.3.2. Mobile phones
15%
12
DD.4. Office electronics
DD.4.1. Personal computers
(excluding monitors), printers, photocopiers.
...
...
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Selected recycling
solutions:
Dismantle, sort and recover each
type of material, including metal, plastic and other materials.
- Personal
computers (excluding monitors)
- Printers,
photocopiers
...
...
...
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13
DD.5. Lamps
DD.5.1. Compact lamps,
fluorescent lamps
08%
Selected recycling
solutions:
Dismantle, sort and recover metal
scrap and grind into powder or glass beads for use a raw material for other
production processes.
- Compact
lamps
...
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- Fluorescent
lamps
14
DD.6. Photovoltaic panels
DD.6.1. Photovoltaic panels
03%
Selected recycling
solutions:
...
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E. VEHICLES
15
E.1. Road vehicles
E.1.1. Two-wheeled motorcycles;
three-wheeled motorcycles
0,5%
Selected recycling
solutions:
Dismantle, sort and recover each
type of material, including metal, plastic and other materials.
E.1.2. Mopeds, electrically
propelled mopeds
0,7%
...
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0,5%
16. The Appendix XXIII is replaced as
follows:
Appendix
XXIII
LIST
OF PRODUCTS AND PACKAGING AND LEVELS OF FINANCIAL CONTRIBUTIONS TO WASTE
TREATMENT
No.
Types
of products and packaging
Format
Capacity/size
Levels
of financial contributions to waste treatment
...
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(2)
(3)
(4)
(5)
1
Pesticide packaging
Plastic bottles and boxes
Less than 500 ml
50
dong/piece
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100
dong/piece
Plastic bags and packages
Less than 100 g
20
dong/piece
From 100 g to less than 500 g
50
dong/piece
500 g or more
100
dong/piece
Glass bottles and jars
...
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150
dong/piece
500 ml or more
250
dong/piece
Metal bottles, jars and boxes
Less than 500 ml
150
dong/piece
500 ml or more
250
dong/piece
2
...
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All
All
01
% of net revenue from product
3
Disposable napkins, diapers,
tampons and wet wipes
All
All
01
% of net revenue from product
4
...
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All
All
01
% of net revenue from product
5
Tobacco
All
All
60
dong/20 cigarettes
6
...
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6.1
Disposable plastic products: Disposable
trays, food containers, bowls, chopsticks, glasses, cups, knives, spoons,
forks, straws, other eating utensils; food wraps.
All
All
1,500
dong/01 kg of plastics used
6.2
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All
All
6.3
Pants, shirts, hats, socks,
gloves of all kinds
All
All
6.4
Handbags, briefcases, wallets,
belts, shoes, sandals of all kinds
All
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6.5
Toys of all kinds
All
All
6.6
Furniture: tables, chairs, cabinets,
shelves, beds, mattresses, carpets (except mono-material plastic furniture)
All
All
6.7
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All
All
6.8
Non-biodegradable plastic bags
(other than plastic bags containing domestic waste specified by the local
government)
All
With dimensions less than 50 cm x
50 cm and a wall thickness of less than 50 µm
17. The Appendix XXVIII is amended as
follows:
Column (2).1 is changed into: “Khu
sản xuất, kinh doanh, dịch vụ tập trung, cụm công nghiệp; hệ thống xử lý nước
thải tập trung của khu kinh tế (nếu có)” (“Dedicated areas for production,
business operation, industrial clusters; centralized waste treatment systems of
economic zones (if any)”).
18. Title and word in the Appendix XXIX
is changed as follows:
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“Tái chế, xử lý chất thải rắn
sinh hoạt, chất thải rắn công nghiệp thông thường, chất thải nguy hại; sử dụng
phế liệu nhập khẩu từ nước ngoài làm nguyên liệu sản xuất”. (“Recycling and
treatment of domestic solid waste, normal industrial solid waste, hazardous
waste; use of scrap imported from foreign countries as raw materials for
production”).
b) The word “Sylen” in column (4).4
is replaced with the word “Xylen”.
19. Appendices XXXIa and XXXIb are
added before Appendix XXXI as follows:
a) Appendix XXXIa is added as
follows:
Appendix
XXXIa
DECLARATION
OF INFORMATION ON PRODUCTS PRODUCED FROM WASTE RECYCLING OR TREATMENT FOR
PURPOSE OF EXEMPTION FROM EXPORT DUTIES
1. Name
of the applicant:
2. Name
of the investment project/business:
3. Operating
location:
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a) Environmental license or
component environmental license (copy).
b) A contract or document proving
conditions for ensuring quality of exports according to regulations of law on
product and goods quality (Copy).
c) Investment registration
certificate or investment policy approval decision (for the project/business
granted the investment registration certificate or investment policy approval
decision), business registration certificate or equivalent documents (Copies).
d) The weight of product exempted
from export duties expressed as weight of products after waste recycling or
treatment present in the product proposed for duty exemption (excluding
additives; scrap imported from foreign countries for production; raw materials
derived from waste recycling or treatment of another organization or
individual). To be specific:
No.
Weight
of input waste (kg)
Weight
of products after recycling or treatment present in product proposed for duty
exemption
(kg)
Weight
of additives and other materials present in product proposed for duty
exemption
Weight
of products exported (kg) (*)
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…
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TOTAL
If there are at least 02 products
made from waste recycling or treatment, information on each product shall be
declared separately.
The applicant hereby takes legal
responsibility for the accuracy of the information and documents declared and
provided.
APPLICANT
(Signature, seal)
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b) Appendix XXXIb is added as
follows:
Appendix
XXXIb
DECLARATION
OF INFORMATION ON SPECIALIZED MACHINERY, EQUIPMENT, VEHICLES, INSTRUMENTS AND
SUPPLIES FOR USE IN WASTE TREATMENT AND ENVIRONMENTAL PROTECTION WORKS FOR
PURPOSE OF EXEMPTION FROM IMPORT DUTIES
1. Name
of the applicant:
2. Name
of the investment project/business:
3. Operating
location:
4. Documents
proving satisfaction of the criteria specified in points a, b, c and d clause 3
Article 134 of the Decree No. 08/2022/ND-CP, comprising:
a) Investment registration
certificate or investment policy approval decision (for the project/business
granted the investment registration certificate or investment policy approval
decision), business registration certificate or equivalent documents (Copies).
b) Feasibility study report or
document equivalent to the feasibility study report of the investment project
according to the provisions of laws on investment, public investment,
investment in the form of public-private partnership and construction (including
a list of specialized machinery, equipment, vehicles, instruments and supplies
for use in waste treatment and environmental protection works) approved by a
competent authority according to the provisions of law (Copy).
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d) Contract for or document on
purchase and sale of goods (including a list of specialized machinery,
equipment, vehicles, instruments and supplies for use in waste treatment and
environmental protection works) serving the operation of project/business that
provides centralized domestic solid waste collection, transport and treatment
services and centralized domestic wastewater treatment services (Copy).
dd) Information and figures on
specialized machinery, equipment, vehicles, instruments and supplies proposed
for duty exemption not included in the List of machinery, equipment,
replacement parts, specialized vehicles, raw materials, supplies and
semi-finished products domestically manufacturable promulgated by the Minister
of Planning and Investment.
e) List of goods and products
proposed for duty exemption used by the project/business that provides
centralized domestic solid waste collection, transport and treatment services
and centralized domestic wastewater treatment services. To be specific:
No.
Name
HS
code
Unit
Quantity
Value
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1
2
...
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…
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The applicant hereby takes legal
responsibility for the accuracy of the information and documents declared and
provided.
APPLICANT
(Signature, seal)