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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No.
80/2006/ND-CP
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Hanoi,
August 09, 2006
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE LAW ON ENVIRONMENTAL PROTECTION
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
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Article 2.-
Subjects of application
This Decree applies to state
agencies, domestic organizations, households and individuals; overseas
Vietnamese, foreign organizations and individuals engaged in activities in the
territory of the Socialist Republic of Vietnam.
Chapter II
SPECIFIC PROVISIONS
Section 1.
ENVIRONMENTAL STANDARDS
Article 3.-
Principles of application of national waste standards according to roadmap, by
region, geographical area and branch
1. Region-, geographical area-
or branch-based coefficient means a figure by which the permitted value of each
pollution parameter in the national waste standards shall be multiplied in
order to determine the value to be compulsorily applied to each particular
region, geographical area or branch to suit environmental protection
requirements.
2. Roadmap for application of
national waste standards shall be set in the direction of greater strictness to
meet environmental protection requirements in each period and specified in
decisions announcing the compulsory application of such standards.
3. Waste standard coefficients
shall be determined on the following principles:
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b/ Branch-based coefficients of
waste standards shall be determined based on the environmental characteristics
of each particular production branch.
Article 4.-
Responsibility to formulate and competence to promulgate and announce national
environmental standards for compulsory application
1. The formulation of national
environmental standards shall be organized according to the following
provisions:
a/ The Ministry of Natural
Resources and Environment shall guide formulation methods, assume the prime
responsibility for, and coordinate with concerned ministries and branches in,
identifying national environmental standards which need to be promulgated and
assigning the tasks of formulating national environmental standards;
b/ Ministries, ministerial-level
agencies and government-attached agencies shall organize the formulation of
national environmental standards within the branches and domains under their
respective management or assigned to them, then send them to the Ministry of
Natural Resources and Environment for evaluation and promulgation.
2. The Ministry of Natural
Resources and Environment shall promulgate and announce national environmental
standards for compulsory application to each particular region, geographical
area or branch.
Article 5.-
Order and procedures for formulation, evaluation, promulgation and declaration
of national environmental standards for compulsory application
1. The formulation of national
environmental standards shall involve the following steps:
a/ Referring to relevant
international standards and standards applied by countries with conditions
comparable with Vietnam’s;
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c/ Identifying the scope of
regulation, subjects of application, parameters of national environmental
standards and limit value of each parameter enclosed with standard methods of
measurement, sampling and analysis used for determining such parameters;
d/ Organizing the compilation of
environmental standards;
e/ Organizing the collection of
opinions of interested parties on and finalizing draft national environmental
standards;
f/ Requesting the Ministry of
Natural Resources and Environment to expertise draft national environmental
standards before promulgating them.
2. A dossier of request for
expertise of a draft national environmental standard consists of:
a/ An official letter requesting
expertise of the environmental standard;
b/ A rationale document on the
necessity, objective and process of formulation, divergent opinions and the
opinion of the environmental standard-formulating agency;
c/ The draft environmental
standard.
3. Expertise and promulgation of
national environmental standards shall be as follows:
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b/ Within no more than 30
(thirty) working days after receiving the complete and valid dossier of request
for expertise, the technical board for national environmental standard shall
have to expertise the draft national environmental standard and submit the
expertise result to the Ministry of Natural Resources and Environment.
Within 15 (fifteen) working days
after receiving the expertise result report, the Ministry of Natural Resources
and Environment shall decide to promulgate the national environmental standard;
if disagreeing with the expertise result or refusing to promulgate the national
environmental standard, it shall request the technical board for national
environmental standard to re-expertise the draft standard or request the
standard-formulating agency to further improve the draft environmental
standard.
4. Announcement of national
environmental standards for compulsory application shall be as follows:
a/ Depending on each national
environmental standard, the Ministry of Natural Resources and Environment shall
set a roadmap for application thereof and coefficients for each particular
region, geographical area or branch on the basis of the principles laid down in
Article 3 of this Decree and announce the compulsory application thereof;
b/ Organizations and individuals
shall have to comply with national environmental standards from the effective
date of the decisions announcing the compulsory application thereof.
5. The technical board for
national environmental standard, in the capacity as a technical advisory body,
shall be set up upon request and operate to assist the Ministry of Natural Resources
and Environment in expertising draft national environmental standards and shall
dissolve after finishing its duties.
The Ministry of Natural
Resources and Environment shall stipulate in detail the operation of the
technical board for national environmental standard.
Section 2.
STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND
ENVIRONMENTAL PROTECTION COMMITMENTS
Article 6.-
List of projects subject to making of environmental impact assessment report
and guidance on the financial regime applicable to activities of making,
appraising and monitoring environmental impact assessment reports
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2. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment in, providing guidance on the financial
regime applicable to activities of making, appraising, and monitoring the
implementation of, strategic environmental assessment reports, environmental
impact assessment reports and written environmental protection commitments.
Article 7.-
Inter-branch and inter-provincial projects with environmental impact assessment
reports to be appraised and approved by the Ministry of Natural Resources and
Environment
Inter-branch and
inter-provincial projects with environmental impact assessment reports to be
appraised and approved by the Ministry of Natural Resources and Environment are
listed in Appendix II to this Decree.
Article 8.-
Conditions and scope of operation of organizations providing the consultancy
service on making environmental impact assessment reports
1. Organizations providing the
consultancy service on making environmental impact assessment reports shall have
to meet all the following conditions:
a/ Having technical,
technological and environmental personnel with expertise appropriate to the
project’s domain;
b/ Having facilities, machinery
and equipment up to standard and quality according to regulations on
measurement and taking of environmental samples and other related samples
suitable to the characteristics and execution sites of projects;
c/ Having material and technical
foundations and laboratories ensuring the processing and analysis of
environmental samples and other samples related to projects. In case of having
no qualified laboratories, consultancy service-providing organizations must
hire on a contractual basis other laboratories that are qualified.
2. All domestic and foreign organizations
that have registered to operate in Vietnam
and meet all conditions specified in Clause 1 of this Article shall be allowed
to provide the consultancy service on making environmental impact assessment
reports, except those of projects in the security and defense domain and
projects involving state secrets.
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Article 9.-
Dossiers of request for appraisal of strategic environmental assessment
reports, environmental impact assessment reports and dossiers of registration
of written environmental protection commitments
1. A dossier of request for appraisal
of a strategic environmental assessment report shall comprise:
a/ The project owner’s written
request for appraisal;
b/ The strategic environmental
assessment report;
c/ The draft document on the
strategy, planning or plan.
2. A dossier of request for
appraisal of an environmental impact assessment report shall comprise:
a/ The project owner’s written
request for appraisal;
b/ The environmental impact
assessment report;
c/ The project’s feasibility
study or investment report.
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a/ Written environmental
protection commitments;
c/ The project’s feasibility
study or investment explanation report.
4. Dossiers of request for
appraisal of strategic environmental assessment reports, dossiers of request
for appraisal of environmental impact assessment reports and dossiers of
registration of written environmental protection commitments shall be addressed
to competent agencies specified in Articles 17, 21 and 26 of the Law on
Environmental Protection.
5. The Ministry of Natural
Resources and Environment shall provide guidance on dossier forms and number of
dossier sets for dossiers of request for appraisal of strategic environmental
assessment reports, dossiers of request for appraisal of environmental impact
assessment reports and dossiers of registration of written environmental
protection commitments.
6. If receiving improper
dossiers, dossier-receiving agencies shall, within five working days, have to
notify the project owners thereof for addition and completion.
Article
10.- Appraisal of strategic environmental assessment reports
1. Heads of agencies specified
in Clause 7, Article 17 of the Law on Environmental Protection shall issue
decisions to set up appraisal councils for strategic environmental assessment
reports of projects.
2. Results of appraisal of
strategic environmental assessment reports shall be expressed in the form of
minutes of meetings of the appraisal council, which shall fully contain the
meeting proceedings, conclusions and signatures of the council’s chairman and
secretary.
3. The Minister of Natural
Resources and Environment shall report to the Prime Minister, the Government
and the National Assembly on results of appraisal of strategic environmental
assessment reports of projects, enclosed with the appraisal council’s minutes
serving as the basis for project approval.
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5. Appraisal councils for
strategic environmental assessment reports shall operate according to
regulations issued by the Minister of Natural Resources and Environment.
Article
11.- Appraisal of environmental impact assessment reports
1. Heads of agencies specified
in Clause 7, Article 21 of the Law on Environmental Protection shall issue
decisions to set up appraisal councils for environmental impact assessment
reports of projects.
2. Heads of agencies specified
in Clause 7, Article 21 of the Law on Environmental Protection shall base
themselves on the technical, technological and environment complexity of
projects to decide on the form of appraisal either by an appraisal council or
appraisal service organization. For projects in the security and defense domain
and projects involving national secrets, only service organizations within the
security or defense branch shall be selected.
3. Appraisal councils or
appraisal service organizations shall have the function of giving advice to
assist competent agencies in examining and assessing the quality of
environmental impact assessment reports serving as the basis for consideration
and approval according to regulations.
4. In case of necessity, before
the opening of official meetings of appraisal councils, agencies responsible
for conducting the appraisal may conduct auxiliary appraisal in the following
forms:
a/ Survey of the project’s
execution site and adjacent areas;
b/ Taking samples for analysis
and verification;
c/ Gathering opinions of the
population community in the place where the project is to be executed;
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e/ Holding appraisal seminars.
5. Appraisal councils and
appraisal service organizations appraising environmental impact assessment
reports shall operate according to regulations issued by the Minister of
Natural Resources and Environment.
Article
12.- Time limit for appraisal of strategic environmental assessment reports
and environmental impact assessment reports
1. For projects falling under
the deciding and approving competence of the Prime Minister, the Government or
the National Assembly, and inter-branch and inter-province projects, the time
limit for appraisal shall be 45 (forty five) working days counting from the
date of receipt of complete and valid dossiers.
2. For projects other than those
mentioned in Clause 1 of this Article, the time limit for appraisal shall be 30
(thirty) working days counting from the date of receipt of complete and valid
dossiers.
3. In case a strategic
environmental assessment report or environmental impact assessment report is not
approved and therefore needs to be re-appraised, the time limit for
re-appraisal shall be as provided for in Clause 1 and Clause 2 of this Article.
Article
13.- Making of additional environmental impact assessment reports
1. Additional environmental impact
assessment reports shall be made in the following cases:
a/ There is a change in the
project’s location, size, design capacity or technology;
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2. An additional environmental
impact assessment report shall cover the following particulars:
a/ Changes in the project’s
content;
b/ Changes in the natural
environmental conditions and economic and social factors up to the time the additional
environmental impact assessment report is made;
c/ Changes in environmental
impacts and measures to minimize negative impacts;
d/ Changes in the project’s
environmental management and monitoring program;
e/ Other changes.
3. Within 30 (thirty) working
days after the date of receipt of complete and valid dossiers, state agencies
competent to approve environmental impact assessment reports shall have to
examine and approve additional environmental impact assessment reports.
Article
14.- Responsibilities of project owners after environmental impact
assessment reports are approved
1. To send a report to the
district-level People’s Committee of the place where the project shall be
executed on the contents of the decision approving the environmental impact
assessment report enclosed with a copy of the decision.
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3. Designing, building and
installation of environmental treatment facilities:
a/ On the basis of the
fundamental plan of environmental treatment facilities included in the approved
environmental impact assessment report, to design, build and install these
facilities according to current investment and construction regulations;
b/ After the detailed designs of
projects’ environmental treatment facilities are approved, to send a report on
the building and installation plan enclosed with the detailed design dossier of
environmental treatment facilities to the state agency which has approved the
environmental impact assessment reports for monitoring and supervision.
4. Environmental protection in
the course of project execution:
a/ In the course of project
execution, to take measures to protect the environment and minimize negative
environmental impacts caused by the projects and carry out environmental
observation according to requirements set in the approved environmental impact
assessment reports as well as other requirements stated in the decisions
approving the environmental impact assessment reports;
b/ During the project execution,
to propose adjustments to or changes in the approved or certified contents and
related environmental protection measures, to send a report thereon to the
approving or certifying agency and to effect these adjustments or changes only
after obtaining written approval of this agency;
c/ If environmental pollution
occurs in the course of project execution and trial operation, to immediately
stop the execution or trial operation and send a report thereon to the district-level
Natural Resources and Environment Section of the place where the project is
executed and the agency having approved the environmental impact assessment
report;
d/ To cooperate with and create
favorable conditions for the state management agency in charge of environmental
protection to monitor and supervise the implementation of environmental
protection contents and measures of the projects; to supply sufficient relevant
information and data upon request.
5. Trial operation of
environmental treatment facilities:
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b/ To draw up a trial operation
plan and notify it to the agency which has approved the environmental impact
assessment reports, the provincial/municipal Natural Resources and Environment
Service and the district-level Natural Resources and Environment Section as
well as the population community in the place where the project is executed for
preparing monitoring and supervision plans;
c/ If unable to measure and
analyze by themselves technical and environmental parameters, to sign contracts
with professionally and technically capable organizations to conduct such
measurement and analysis;
d/ After completing the trial
operation, to send a report requesting certification of the result of trial
operation of environmental treatment facilities to the agency which has
approved the environmental impact assessment reports for certification.
Article
15.- Responsibilities of state agencies after having approved environmental
impact assessment reports
1. Ministries, ministerial-level
agencies and government-attached agencies shall send their respective original
decisions approving environmental impact assessment reports to the
provincial-level People’s Committees of the places where projects shall be
executed.
2. Provincial-level People’s
Committees shall send copies of their decisions approving environmental impact
assessment reports and those of ministries, ministerial-level agencies or
government-attached agencies to the district-level People’s Committees of the
places where the projects shall be executed.
3. After having approved
environmental impact assessment reports, competent state agencies shall have
the following responsibilities:
a/ To examine and compare
dossiers on design, construction and installation of environmental treatment
facilities against the approved environmental impact assessment reports; if
detecting any inconsistencies with the environmental impact assessment reports,
within 7 (seven) working days after receiving the dossiers and reports, to
inform in writing the project owners concerned thereof for adjustment and/or
supplementation;
b/ To receive and process
proposals and recommendations of project owners, interested organizations and
individuals concerning the implementation of environmental protection contents
and measures in the course of execution and construction of projects;
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d/ To supervise and control the
project owners’ trial operation of environmental treatment facilities after
receiving project owners’ trial operation plans;
e/ To examine and certify the
results of trial operation of environmental treatment facilities;
f/ To preserve and manage all
dossiers and documents on post-appraisal activities sent by project owners and
concerned agencies and individuals.
Article
16.- Dossiers, order and procedures for examining and certifying compliance
with requirements set in decisions approving environmental impact assessment
reports
1. A dossier of request for
examination and certification shall consist of:
a/ Written request for
examination and certification;
b/ Written description of
environmental protection facilities and measures stated in the environmental
impact assessment report, enclosed with the design dossier and technical
parameters of environmental protection facilities and equipment.
Environmental protection and
treatment facilities must be technically surveyed before requests for examination
and certification are filed.
c/ Relevant recognition and
survey certificates.
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3. For each particular project,
the contents to be examined and certified shall depend on the contents of its
approved environmental impact assessment report, with the following contents to
be taken into special consideration:
a/ The waste water collection
and treatment system;
b/ Equipment for collecting and
detaining hazardous waste and measures for treating them;
c/ Measures for managing
ordinary solid waste;
d/ Measures and equipment for
treating and collecting discharged gas and dust;
e/ Measures and equipment for
reducing noise and vibration;
f/ Plan, measures and necessary conditions
for preventing and responding to environmental incidents.
4. The forms and specific
contents of reports and certification documents shall comply with the guidance
of the Ministry of Natural Resources and Environment.
Article
17.- Registration of written environmental protection commitments
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2. The form and contents of
certificates of registration of written environmental protection commitments
shall comply with the guidance of the Ministry of Natural Resources and
Environment.
Section 3.
ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS AND SERVICE ACTIVITIES
Article
18.- Environment-friendly production and service establishments and
products
1. Environment-friendly
production and service establishments are those meeting the following
requirements:
a/ Strictly observing the law on
environmental protection and acquiring a certificate of satisfaction of
environmental standards;
b/ Having policies on managing
products throughout their life and managing waste according to the provisions
of law, with over 70% of total quantity of waste to be re-processed and/or
re-used;
c/ Successfully performing
environmental management and acquiring an ISO 14001 certificate therefor;
d/ Saving over 10% of material,
energy, fuel and water compared to the common consumption level;
e/ Actively participating in and
contributing to programs on enhancing public awareness and protecting the
public environment;
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2. Environment-friendly products
are those meeting one of the following requirements:
a/ Being re-processed from waste
which are up to environmental standard;
b/ Being easy to disintegrate in
the nature after use;
c/ Being non-polluting products
produced to substitute natural material;
d/ Being organic farm produce;
e/ Being granted with eco-marks
by a state-accredited organization.
3. Environment-friendly
production and service establishments shall enjoy priority and preferential
treatment policies and supports of the State in accordance with the provisions
of law.
4. The Ministry of Natural
Resources and Environment shall guide the evaluation and consideration and
procedures for recognition of environment-friendly production and service
establishments and products.
Article
19.- Environmental protection in the import, temporary import, border
gate-to-border gate transport and transit of scraps
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2. Temporary import and border
gate-to-border gate transport of scraps shall have to strictly meet the following
requirements:
a/ Scraps must not be unpacked,
used and dispersed in the course of transportation and storage in Vietnam;
b/ Scraps must not be altered in
nature and weight;
c/ Scraps must all be
re-exported or transported out of Vietnam;
3. Transit of scraps through the
Vietnamese territory shall have to meet similar environmental protection
requirements prescribed in Article 42 of the Law on Environmental Protection
for transit of goods.
Section 4.
WASTE MANAGEMENT
Article 20.-
State agencies’
responsibilities for hazardous waste management
1. The Ministry of Natural
Resources and Environment shall have the following responsibilities:
a/ To guide the process of
minimizing, making statistics on, declaring and managing hazardous waste;
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c/ To grant permits and codes of
management of hazardous wastes to organizations engaged in waste management in
two or more provinces and centrally run cities;
d/ To guide the transport of
hazardous wastes to abroad for treatment under international conventions to
which Vietnam is a contracting party in cases where there is no appropriate
treatment technology or equipment in the country.
2. Provincial/municipal People’s
Committees shall have the following responsibilities:
a/ To make statistics on and
assess hazardous wastes arising in their localities and take appropriate
management measures;
b/ To arrange ground areas and
conditions necessary for management of hazardous wastes in the localities in
line with the approved plannings on collection, treatment and burial of
hazardous wastes;
c/ To grant permits and codes of
management of hazardous wastes to organizations engaged in waste management in
the localities, except for cases specified at Point c, Clause 1 of this
Article.
Article
21.- Retrieval and disposal of used or discarded products
1. Products specified in Clause
1, Article 67 of the Law on Environmental Protection must bear codes of their
hazard level and re-processing capability in order to define responsibilities
and measures to retrieve and dispose of expired products or products discarded
by consumers.
In case of import, importing
organizations and individuals shall have to register quantities and necessary
information of products with the central state management agency in charge of
environmental protection in order to define responsibilities and measures to
retrieve or dispose of products discarded by consumers.
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Section 5.
OTHER PROVISIONS
Article
22.- Appraisal and assessment of environmental technologies and management
of bio-products used in environmental protection
1. Environmental technologies to
be appraised and assessed include:
a/ Newly invented environmental
technologies;
b/ Imported environmental
technologies of unknown origin;
c/ Other environmental
technologies upon request of suppliers, users or competent state management
agencies.
2. Publicization, certification
and transfer of appraised and assessed environmental technologies shall comply
with the provisions of law on science and technology.
3. The Ministry of Science and
Technology shall assume the prime responsibility for, and coordinate with the
Ministry of Natural Resources and Environment in, providing specific guidance
on the assessment of environmental technologies in accordance with the provisions
of law on science and technology and environmental protection.
4. The Ministry of Natural
Resources and Environment shall issue the list of bio-products to be used for
waste prevention, minimization and treatment and the list of polluting bio-products
banned from import.
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1. The responsibility to
publicize environmental information and data defined in Clause 1, Article 104 of
the Law on Environmental Protection is prescribed as follows:
a/ The Ministry of Natural
Resources and Environment shall have to publicize information and data on the
national environment;
b/ Ministries, ministerial-level
agencies and government-attached agencies shall have to publicize environmental
information and data in the branches or domains under their respective
management;
c/ Specialized environmental
protection agencies of the People’s Committees at all levels shall to publicize
environmental information and data in the localities under their respective
management;
d/ The Management Boards of
economic zones, industrial parks and export processing zones and owners of
production and service establishments shall to publicize environmental
information and data under their respective management.
2. Forms of publicization of
environmental information and data are prescribed as follows:
a/ Wide dissemination in the
forms of books and news reports in the press and websites of the units, for
cases specified at Point a and Point b, Clause 1 of this Article;
b/ Wide dissemination in the
forms of books, news reports in the press and websites of the units (if any),
reports at People’s Council meetings, announcements at population quarter meetings,
posting at head offices of units and People’s Committees of communes, wards and
townships where units operate, for cases specified at Points c and d, Clause 1
of this Article.
Chapter III
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Article
24.- Implementation effect
1. This Decree shall take effect
15 days after its publication in “CONG BAO.”
2. To hereby repeal the
following decrees:
a/ The Government’s Decree No.
175/CP of October 18, 1994, on implementation of the 1993 Law on Environmental
Protection;
b/ The Government’s Decree No.
143/2004/ND-CP of July 12, 2004, amending and supplementing Article 14 of the
Government’s Decree No. 175/CP of October 18, 1994, guiding the implementation
of the 1993 Law on Environmental Protection.
Article
25.- Implementation responsibilities
1. The Minister of Natural
Resources and Environment shall have to guide and organize the implementation
of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal People’s Committees shall have to implement
this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
APPENDIX I
LIST OF PROJECTS SUBJECT TO MAKING OF ENVIRONMENTAL
IMPACT ASSESSMENT REPORT
(Enclosed with the Government’s Decree No. 80/2006/ND-CP of August 9, 2006)
Ordinal
number
Projects
Size
1
Projects on key national works
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2
Projects using part or the
whole of land areas of or adversely affecting nature conservation zones,
national parks, historical-cultural relic areas, natural heritages and famous
scenic places, ranked or not yet ranked, which are protected under decisions
of provincial/municipal People’s Committees
All
3
Projects involving risks of
directly and badly affecting water sources in river basins, coastal areas and
areas having protected eco-systems
All
4
Projects on nuclear power
plants
All
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Projects on thermonuclear power
plants
All
6
Projects on building nuclear
reactors
All
7
Projects on building
production, business and service establishments using radioactive substances
or discharging radioactive wastes
All
8
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All
9
Projects on building
infrastructures in urban centers or residential areas
All
10
Projects on building infrastructures
in industrial parks, hi-tech parks, industrial clusters, export-processing
zones or trade village clusters
All
11
Projects on building
infrastructures in economic and commercial zones
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12
Projects on building, renovating
and upgrading motorways, grade-I, grade-II and grade-III roads
All
13
Projects on building grade-IV
roads
50
km or more in length
14
Projects on building,
upgrading and renovating railways
100
km or more in length
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Projects on building permanent
road and railway bridges
200
m or more in length (excluding the length of access roads)
16
Projects on building,
upgrading and renovating traffic works
Requiring
resettlement of 2,000 or more people
17
Projects on building and
repairing ships
Ships
with a tonnage of 1,000 DWT or more
18
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Design
capacity of 500 vehicles or more per year
19
Projects on constructing,
renovating and upgrading riverports and seaports
For
ships with a tonnage of 1,000 DWT or more
20
Airports and airfields
All
21
Projects on building subways
and tunnels
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22
Projects on building overhead
railways
2,000
m or more in length
23
Projects on exploitation of
oil and gas
All
24
Projects on petrochemical
refineries (except projects on LPG extraction and lubricant preparation)
All
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Projects on building oil and
gas pipelines
All
26
Projects on petrol depots
Capacity
of 1,000 m3 or more
27
Projects on production of
petrochemical products (surfactants, plasticizers, methanol)
All
28
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All
29
Projects on building oil and
gas entrepots
All
30
Projects on thermopower plants
Capacity
of 50 MW or more
31
Projects on hydropower plants
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32
Projects on building high-voltage
power lines
50
km or more in length
33
Projects on iron, steel and
non-ferrous metals rolling and refining plants
Design
capacity of 5,000 tons or more of products per year
34
Projects on plastics plants
Design
capacity of 1,000 tons or more of products per year
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Projects on chemical
fertilizer plants
Design
capacity of 10,000 tons or more of products per year
36
Projects on warehouses of
chemicals and plant protection drugs
Capacity
of 10 tons or more
37
Projects on paint and base
chemical plants
Design
capacity of 1,000 tons or more of products per year
38
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Design
capacity of 1,000 tons or more of products per year
39
Projects on plant protection
drug plants
Design
capacity of 500 tons or more of products per year
40
Projects on rubber latex
processing plants
Design
capacity of 10,000 tons or more of products per year
41
Projects on rubber processing plants
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42
Projects on pharmaceutical and
cosmetics plants
Design
capacity of 50 tons or more of products per year
43
Projects on plants to
manufacture car and tractor tires and tubes
Design
capacity of 50,000 or more of products per year
44
Projects on accumulator plants
Design
capacity of 50,000 kWh or more per year
...
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Projects on cement plants
Design
capacity of 500,000 tons or more of cement per year
46
Projects on tile and brick
plants
Design
capacity of 20 mil. tiles and bricks or more per year
47
Projects on plants to produce
other construction materials
Design
capacity of 10,000 tons or more of products per year
48
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Design
capacity of 50,000 m3 or more of materials per year
49
Projects on exploitation,
dredging and full extraction of construction materials from river beds (sand
and gravel)
Design
capacity of 50,000 m3 or more of materials per year
50
Projects on exploitation of
solid minerals (without using chemicals)
Volume
of 100,000 m3 or more of solid minerals, earth and rock per year
51
Projects on exploitation and
processing of solid minerals containing hazardous substances or involving the
use of chemicals
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52
Projects on processing of
solid minerals
Design
capacity of 50,000 tons or more of products per year
53
Projects on exploitation of
groundwater
Design
capacity of 1,000 m3 or more of water per day and night
54
Projects on exploitation of
surface water
Design
capacity of 10,000 m3 or more of water per day and night
...
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Projects on food processing
plants
Design
capacity of 1,000 tons or more of products per year
56
Projects on frozen aquatic
product processing plants
Design
capacity of 1,000 tons or more of products per year
57
Projects on sugar plants
Design
capacity of 20,000 tons or more of sugarcane per year
58
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Design
capacity of 100,000 liters or more per year
59
Projects on beer and beverage
plants
Design
capacity of 500,000 liters or more of products per year
60
Projects on monosodium
glutamate plants
Design
capacity of 5,000 tons or more of products per year
61
Projects on milk processing
plants
...
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62
Projects on coffee processing
plants
Design
capacity of 5,000 tons or more of products per year
63
Projects on cigarette plants
Design
capacity of 50,000 packs or more per year
64
Projects on slaughter
plants/houses
Design
capacity of 100 cattle or 1,000 poultry or more per day
...
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Projects on ice plants
Design
capacity of 500 ice bars or more per day and night or 25,000 kg or more of
ice water per day and night
66
Projects on cereals processing
mills
Design
capacity of 10,000 tons or more of products per year
67
Projects on manioc processing
mills
Design
capacity of 1,000 tons or more of products per year
68
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All
69
Projects on dyeing textile
plants
All
70
Projects on non-dyeing textile
plants
Capacity
of 10,000,000 m of fabric per year
71
Projects on mechanical and
engineering plants
...
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72
Projects on timber and plywood
processing plants
Design
capacity of 100,000 m2 or more per year
73
Projects on plants to
manufacture electric and electronic appliances
Design
capacity of 10,000 or more appliances per year
74
Projects on plants to
manufacture electric and electronic components
Design
capacity of 10,000 tons or more of products per year
...
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Projects on plants to produce
fine art articles
Design
capacity of 1,000,000 tons or more of products per year
76
Projects on constructing
reservoirs and irrigation lakes
Capacity
of 1,000,000 m3 of water or more
77
Projects on building
irrigation and anti-salinization systems
Covering
an area of 500 ha or more
78
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All
79
Projects on aquaculture zones:
intensive/semi-intensive farming
Water
surface area of 10 ha or more
80
Projects on extensive
aquaculture
Water
surface area of 50 ha or more
81
Projects on aquaculture on
sand
...
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82
Projects on cattle farms
100
cattle heads or more
83
Projects on poultry farms
10,000
poultry heads or more
84
Projects on feed processing
plants
Design
capacity of 10,000 tons or more of products per year
...
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Projects on forestation and
forest exploitation
Area
of 1,000 ha or more
86
Projects on building
concentrated cassava and sugarcane growing zones
Area
of 100 ha or more
87
Projects on building coffee
growing zones
Area
of 100 ha or more
88
...
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Area
of 100 ha or more
89
Projects on building rubber
growing zones
Area
of 200 ha or more
90
Projects on building tourist
and entertainment resorts
Area
of 5 ha or more
91
Projects on building golf
courses
...
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92
Projects on building hotel and
rest-home complexes
50
rooms or more
93
Projects on building hospitals
50
patient beds or more
94
Projects on plants to
re-process and treat ordinary solid wastes
All
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Projects on building dumping
sites for industrial and hazardous wastes
All
96
Projects on building dumping
sites for garbage
For
100 households or more
97
Projects on building
concentrated industrial wastewater treatment systems outside industrial
parks, export-processing zones and hi-tech parks
Design
capacity of 1,000 m3 or more of wastewater per day and night
98
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Design
capacity of 1,000 m3 or more of wastewater per day and night
99
Projects on building
incinerators
All
100
Projects on building
cemeteries
Area
of 15 ha or more
101
Projects involving the use of
part of headwater protective forest, breakwater forest, sea progradation
forest or special-purpose forest areas
...
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102
Projects involving the use of
part of natural forest areas
Area
of 50 ha or more
APPENDIX II
LIST OF INTER-BRANCH AND INTER-PROVINCIAL PROJECTS
WITH ENVIRONMENTAL IMPACT ASSESSMENT REPORTS TO BE APPRAISED AND APPROVED BY
THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
(Promulgated together with the Government’s Decree No. 80/2006/ND-CP of
August 9, 2006)
1. Projects involving the use
of part or the whole of land areas of national parks, nature conservation
zones, biosphere reservation zones, world heritages and historical-cultural
relics areas which are of national grade.
2. Projects on nuclear power
plants, thermonuclear plants and nuclear reactors
3. Projects on thermal power
plants with a design capacity of between 300 MW and under 500 MW, located less
than 02 km away from urban centers and residential areas; projects on other
thermal power plants with a capacity of 500 MW or more.
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5. Projects involving the
destruction of headwater protective forests, breakwater forests, sea
progradation forests or special-purpose forests of 20 ha or more or involving
the destruction of other natural forests of 200 ha or more according to the
Government-approved planning on conversion of land use purposes.
6. Projects on aquaculture on
sand covering an area of 100 ha or more.
7. Projects on petrochemical
refineries; projects on plants to manufacture base chemicals, plant protection
drugs, detergents, additives or chemical fertilizers with a capacity of 20,000
tons or more of products per year; projects on accumulator plants with a design
capacity of 300,000 Wh per year; projects on cement plants with a capacity of
1,200,000 tons or more of cement per year; projects on plants or workshops
containing radioactive substances or discharging radioactive wastes.
8. Projects on oil and gas
exploitation; projects on exploitation of solid minerals with a capacity of
500,000 m3 per year (including earth, discarded rock, lean ore):
projects on exploitation of radioactive metal minerals, rare earth; projects on
exploitation of groundwater with a capacity of 50,000 m3 of water
per day and night, exploitation of surface water with a capacity of 500,000 m3
of water per day and night.
9. Projects on building
infrastructures in industrial parks, export-processing zones, hi-tech parks,
industrial clusters, tourist and entertainment resorts of 200 ha or more in
area; projects on building ports to accommodate ships of a tonnage of 50,000
DWT or more; projects on iron and steel refining with a design capacity of
300,000 tons or more of products per year.
10. Projects on re-processing
hazardous waste, treating and dumping hazardous waste.
11. Projects with one or more
component among projects from 1 to 10 above.
12. Other projects specified in
Appendix 1 and located in two or more provinces and centrally run cities.