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MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
18/2016/TT-BNNPTNT
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Hanoi, 24 June
2016
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CIRCULAR
STIPULATING SOME CONTENTS ON STRATEGIC ENVIRONMENTAL ASSESSMENT,
ENVIRONMENTAL IMPACT ASSESSMENT UNDER THE MANAGEMENT OF THE MINISTER OF
AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Law on Environmental
Protection 55/2014/QH13 dated 23/6/2014;
Pursuant to the Construction Law No. 50/2014/QH13
dated 18/6/2014;
Pursuant to the Decree No. 199/2013/ND-CP
dated 26/11/2013 of the Government defining the functions, duties, power and
organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Decree No. 18/2015/ND-CP
dated 14/2/2015 of the Government stipulating the environmental protection
planning, strategic environmental assessment, environmental impact assessment
and environmental protection plan;
Pursuant to the Circular No. 27/2015/TT-BTNMT
dated 29/5/2015 of the Ministry of Agriculture and Rural Development on
strategic environmental assessment, environmental impact assessment and
environmental protection plan;
At the request of the Department of Science,
Technology and Environment,
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Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation and subjects of application
1. This Circular provides
for the formulation, appraisal and approval for the outline of report on
strategic environmental assessment (hereinafter referred to as the SEA report),
policies, planning, plans; formulation, appraisal and approval for the outline
of report on environmental assessment (hereinafter referred to as the EA
report), projects, appraisal, approval and opinion gathering on SEA reports and
EA reports.
2. This Circular applies to
the organizations and individuals involved in strategic environmental
assessment and environmental impact assessment under the management of the
Ministry of Agriculture and Rural Development (hereafter referred to the
Ministry of Agriculture and RD).
3. For the environmental
documents of ODA projects which must be approved by the Ministry of Agriculture
and Rural Development including: report on environmental assessment,
Environmental And Social Management Framework (ESMF), Ethnic
Minorities Policy Framework (EMPF) and Environmental
Management Plans (EMPs), the project owner shall submit
them to the Ministry of Agriculture and Rural Development (the Department of
Science, Technology and Environment) for appraisal and approval in accordance
with the provisions in Articles 6, 7, 8, 9,
14, 15, 17 of this Circular and other current regulations.
Article 2. Interpretation of
terms
In this Circular, the following
terms are construed as follows:
1. Outline of SEA
reports and EA reports is the explanation with content and volume of work and
funding estimate for making the SEA reports and EA reports on the basis of
current financial regulations.
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3. Project owner is
the units and bodies which are assigned by the Ministry of Agriculture and
Rural Development to manage the projects.
4. Standing
appraisal body is the state management body which is assigned by the Ministry
of Agriculture and Rural Development to receive dossiers and verify them.
Article 3. Standing
appraisal body
1. The General Departments
directly managed by the Ministry of Agriculture and Rural Development are the standing body which verifies the EA reports of the projects
which the Ministry of Agriculture and Rural Development assigns to be the focal
unit to verify the investment projects.
2. The Department of Science,
Technology and Environment is the standing body which verifies the SEA
reports and EA reports under the management of the Ministry of Agriculture and
Rural Development (except for the EA reports of the projects specified in
Paragraph 1 of this Article).
Chapter II
FORMULATION,
APPRAISAL AND APPROVAL FOR OUTLINE OF SEA REPORTS AND EA REPORTS
Article 4. Time to formulate
the outline of SEA reports and EA reports
1. The outline of SEA
reports is done simultaneously with the time of formulation of outline of
strategies, planning and plans.
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Article 5. Formulation,
appraisal and approval for outline of SEA reports and EA reports
1. Outline of SEA reports
The planning-making body shall formulate, verify
and approve the outline of SEA reports under the form specified in Appendix I
and II issued with this Circular and must gather the written opinions from the
Department of Science, Technology and Environment before approval.
2. Outline of
EA reports
The project owner shall formulate, verify and
approve the outline of EA reports under the form specified in Appendix I and II
issued with this Circular and must gather the written opinions from the
standing appraisal body of EA reports before approval.
3. Within ten (10) working
days after the outline is approved, the planning-making body and the project
owner shall send the approval decision with the outline to the Ministry of
Agriculture and Rural Development (through the standing appraisal body
specified in Article 3 of this Circular) for summary, monitoring and inspection
of implementation.
Chapter III
APPRAISAL AND OPINION
GATHERING ON SEA REPORTS
Section 1. APPRAISAL OF SEA
REPORTS UNDER THE AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL
DEVELOPMENT
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The dossier for appraisal of SEA reports sent to
the Department of Science, Technology and Environment shall comply with the
provisions in Article 3 of Circular No. 27/2015/TT-BTNMT
dated 29/5/2015 of the Ministry of Agriculture And Rural Development on
strategic environmental assessment, environmental impact assessment and
environmental protection plan (hereafter referred to as Circular No. 27/2015/TT-BTNMT).
Article 7. Verification,
appraisal of dossier and announcement of result
1. Verification of dossier
a) If the dossier is valid,
the Department of Science, Technology and Environment shall request the
Ministry to set up the appraisal Council and carry out the appraisal;
b) If the dossier is not
valid, within five (05) working days, the Department of Science, Technology and
Environment shall inform in writing the planning-making body for modification
and addition of dossier.
2. The appraisal Council is
set up and operates under the provisions in Chapter Voluntary social insurance
of Circular No. 27/2015/TT-BTNMT.
3. Announcement of
appraisal result
a) Within five (05) working
days after the end of meeting of the appraisal Council, the Department of
Science, Technology and Environment shall inform in writing the appraisal
result to the planning-making body, even when the appraisal Council does not
approve the SEA reports.
b) After receiving the
notification of appraisal result, the planning-making body shall receive the
appraisal opinions and send it the Department of Science, Technology and
Environment as stipulated in Paragraph 1, Article 5 of Circular No. 27/2015/TT-BTNMT;
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Article 8. Report on
appraisal result of SEA reports and dossier keeping
1. The Department of
Science, Technology and Environment shall report to the level with authority to
approve strategies, planning and plans on appraisal result of SEA reports
within fifteen (15) working days after receiving the completed SEA report
dossier from the planning-making body. The dossier of appraisal result report
consists of:
a) Appraisal result report
on strategic environmental assessment report is made under the form specified
in Appendix 1.5 issued with Circular No. 27/2015/TT-BTNMT;
b) One (1) copy of written
explanation about receiving the appraisal opinions on SEA report from the
planning-making body.
2. The dossier kept at the
Department of Science, Technology and Environment consists of:
a) Dossier for appraisal;
b) Dossier related to the
appraisal Council;
c) Dossier of appraisal
result report.
Article 9. Expenditure for
appraisal of SEA reports
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2. The expenditure source
for the appraisal is taken from the annual environmental non-business expenditure source.
Section 2. OPINION GATHERING
OF SEA REPORTS NOT UNDER THE APPRAISAL AUTHORITY OF THE MINISTRY OF AGRICULTURE
AND RURAL DEVELOPMENT
Article 10. Dossier for
opinion gathering on SEA reports
1. For the SEA reports not
under the appraisal authority of the Ministry of Agriculture and Rural
Development (specified under Points a and c, Paragraph 1, Article 16 of the Law
on environmental protection dated 23/6/2014), the planning-making body must send
dossier for opinion gathering on SEA report (hereafter referred to as dossier)
directly or by post to the Department of Science, Technology and
Environment to review and feedback in writing before submission to the body
with appraisal authority.
2. The dossier consists of:
a) Official letter for
opinion gathering on SEA report from the planning-making body shall comply with
the form specified in Appendix III issued with this Circular;
b) One (01) SEA report is
bound with the form of cover page, supplemental cover page and other
requirements on structure and contents that shall comply with the form
specified in Appendices 1.2 and 1.3
issued with Circular No. 27/2015/TT-BTNMT;
c) One (01) draft of
policy, planning and plan.
Article 11. Procedure and
time limit for opinion gathering and keeping of SEA reports
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2. If the dossiers are valid,
within seven (07) working days after receiving them, the
Department of Science, Technology and Environment shall send its opinions in
writing on SEA reports to the planning-making body. The written opinion
giving on SEA report shall comply with the form specified in Appendix IV issued
with this Circular.
3. Where the dossiers have to be
modified or added, the planning-making body shall have to get them
modified or added as required in the written opinion giving of the Department of Science, Technology and Environment before submission to
the body with appraisal authority specified in Paragraph 1, Article 16
of the Law on Environmental Protection dated 23/6/2014.
4. Within
ten (10) working days after the result of appraisal, the planning-making body
shall send the copy of appraisal result report attached to the copy of SEA
report to the Department of Science, Technology and Environment
for summary, monitoring and inspection of implementation.
Chapter IV
APPRAISAL, APPROVAL AND
OPINION GATHERING OF EA REPORT
Section 1. APPRAISAL OF EA
REPORT UNDER THE APPRAISAL AUTHORITY OF MINISTRY OF AGRICULTURE AND RURAL
DEVELOPMENT
Article 12. Dossier for
appraisal of EA reports
The project owner shall prepare and send the dossier
for appraisal of EA reports directly or by post to the standing appraisal body.
The dossier consists of:
1. The written request for
appraisal of EA reports shall comply with the form specified in Appendix 2.1
issued with Circular No. 27/2015/TT-BTNMT.
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3. One (01) feasibility
report or investment project report or other equivalent documents.
Article 13. Verification
and notification of dossier and fee collection
1. If the dossiers are not
complete or valid, within five (05) working days after receiving them, the
standing appraisal body shall inform in writing the project owner for dossier
completion.
2. If the dossiers are
valid, the standing appraisal body shall inform in writing the project owner
for payment of appraisal fees which shall comply with the current regulations.
Article 14. Report
appraisal organization
1. An appraisal Council
shall be set up and operate in accordance with the provisions in Chapter V of
Circular No. 27/2015/TT-BTNMT.
2. Within five (05) working
days after the end of the last appraisal meeting of the appraisal Council, the
standing appraisal body shall inform in writing of the appraisal result to the
project owner, even where the appraisal Council does not approve the EA
reports.
3. After receiving the notification of appraisal
result, the project owner shall complete the EA report as stipulated in
Paragraph 1, Article 9 of Circular No. 27/2015/TT-BTNMT
and it to the standing appraisal body that requests the approval of EA report.
Article 15. Authority to
approve, certify and keep dossier
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a) The Ministry of Agriculture
and Rural Development shall approve the EA reports which are appraised by the Department of Science, Technology and Environment;
b) The General Departments
shall approve the EA reports which are appraised by the General
Departments.
2. Approval and
certification of EA reports
a) Where the EA reports are
modified to meet the requirements, the standing appraisal body shall submit them
to the competent authorities specified in Paragraph 1 of this Article for
approval within fifteen (15) working days after receiving all valid dossiers.
b) The head of the standing
appraisal body shall make certification behind the cover page or supplemental
cover page of the approved EA report under the form specified in Appendix 2.8
issued with Circular No. 27/2015/TT-BTNMT;
c) The sending of certified
EA report and decision on approval of EA report shall comply with the
provisions in Paragraph 3, Article 9 of Circular No. 27/2015/TT-BTNMT within fifteen (15)
working days after the approval of EA report.
3. Dossier kept at the
standing appraisal body consists of:
a) Dossier for appraisal;
b) Dossier related to the
appraisal Council;
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Article 16. Expenditure for
appraisal of EA reports
1. The expenditure for the
appraisal is based on the current regulations.
2. The expenditure for the
appraisal activities is taken from the appraisal fees.
Article 17. Responsibility
of project owner after approval of EA report
1. The project owner must
comply with the contents specified in Article 16 of Decree No.
18/2015/ND-CP dated 14/02/2015 of the Government stipulating the environmental protection
planning, strategic environmental assessment, environmental impact assessment
and environmental protection plan (hereafter referred to as Decree No. 18/2015/ND-CP) after the approval of the EA
report.
2. The inspection and
certification of works of environmental protection in service of operation
stage shall comply with the provisions in Article 17 of Decree No. 18/2015/ND-CP.
Section 2. OPINION GATHERING
OF EA REPORTS NOT UNDER THE APPRAISAL AUTHORITY OF THE MINISTRY OF AGRICULTURE
AND RURAL DEVELOPMENT
Article 18. Dossier for
opinion gathering on EA reports
1. For the EA reports not
under the appraisal authority of the Ministry of Agriculture and Rural
Development (specified in Appendix III of Decree No. 18/2015/ND-CP), the shall send dossier for
opinion gathering on EA report (hereafter referred to as dossier) directly or
by post to the Department of Science, Technology and Environment
to review and feedback in writing before submission to the body with appraisal
authority specified in Paragraph, Article 14 of Decree No.
18/2015/ND-CP.
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a) Official letter for
opinion gathering on EA report from the project owner shall comply with the
form specified in Appendix III issued with this Circular;
b) One (01) EA report of
project. The form of cover page, supplemental cover page, structure and other
requirements on the contents of the environmental impact assessment shall
comply with the form specified in Appendices 2.2 and 2.3 issued with Circular No. 27/2015/TT-BTNMT;
c) One (01) feasibility report or investment
project report or other equivalent documents.
Article 19. Procedure and
time limit for opinion gathering and keeping of EA reports
1. After receiving dossiers
from the project owner, the Department of Science, Technology and
Environment shall verify them. If they are not complete or valid, within five
(05) working days after receiving the dossier, the Department of Science,
Technology and Environment shall inform in writing to the project owner
for completion.
2. If the
dossiers are valid, within seven (07) working days after receiving them, the Department of Science, Technology and Environment shall send its
opinions in writing on SEA reports to the project owner. The written
opinion giving on EA report shall comply with the form specified in Appendix IV
issued with this Circular.
3. Where the dossiers have to be
modified or added, the project owner shall have to get them modified or
added as required in the written opinion giving of the Department
of Science, Technology and Environment before submission to the body with
appraisal authority specified in Paragraph 1, Article 16 of the Decree
No. 18/2015/ND-CP.
4. Within
ten (10) working days after the approval of EA report, the project owner shall
send the copy of approval decision attached to the copy of EA report to the Department of Science, Technology and Environment for summary,
monitoring and inspection of implementation.
Chapter V
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Article 20. Implementation
organization
1. The Department
of Science, Technology and Environment is responsible for guiding, inspecting
and implementing the provisions of this Circular; summarizing and reporting the
result and reality of implementation on the annual basis to the Minister of Agriculture and
Rural Development for approval and submission to the Ministry of Natural
Resources and Environment.
2. The General Departments
shall make appraisal and report on appraisal result and appraisal fee use result
of EA reports to the Department of Science, Technology and
Environment before 25/12 of each year.
Article 21. Implementation
provisions
1. This Circular takes
effect from 10/8/2016 and replaces the Circular No.
09/2014/TT-BNNPTNT dated 26/3/2014 of the Minister of Agriculture
and Rural Development stipulating some contents on strategic environmental
assessment and environmental impact assessment under the management of the Ministry
of Agriculture
and Rural Development.
2. Any problem arising
during the implementation should be promptly reported to the Ministry
of Agriculture
and Rural Development (through the Department of Science,
Technology and Environment) for modification and addition./.
FOR THE
MINISTER
DEPUTY MINISTER
Le Quoc Doanh
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APPENDIX I
FORM OF COVER PAGE AND SUPPLEMENTAL COVER PAGE OF
OUTLINE OF SEA REPORTS AND EA REPORTS
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry
of Agriculture and Rural Development)
(Name of line body)
Name of
planning-making body (Project owner)
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MAKING REPORT
ON STRATEGIC ENVIRONMENTAL ASSESSMENT (REPORT ON ENVIRONMENTAL IMPACT
ASSESSMENT)
of (1)
PLANNING-MAKING
BODY (PROJECT OWNER) (*)
(Head
of body signs, specifies full name and affixes seal )
Place,
month…year…
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Note:
(1): Full name of strategy,
planning, plan or project
(*): Only indicated on the
supplemental cover page
APPENDIX II
FORM OF STRUCTURE AND CONTENT OF OUTLINE OF SEA
REPORTS AND EA REPORTS
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry
of Agriculture and Rural Development)
1. Brief description of
content of strategy, planning, plan or project
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The following main contents must
be described:
- Origin and circumstance
that led to the strategy, planning, plan or project;
- Scope of space and time
of the strategy, planning, plan or project;
- Objectives, viewpoints and
development
- Main orientations and solutions
to environmental protection of the strategy, planning, plan;
- Plan for implementation
organization.
For making the EA reports
The following main contents must
be described:
- Geographical
location of the location of the project implementation in relation to natural
subjects, economic - social subjects and security – national defense subjects;
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- Scale of project items; clarify
if it is a project of renovation, upgrade, repair or new
construction;
- Indicate the unit is assigned by
the Ministry
of Agriculture and Rural Development as a focal unit for project appraisal (in
order to identify the standing body appraising the EA report of the project
specified in Article 3 of this Circular);
- Progress of the project.
2. Scope
of consultation implementation
It is necessary to specify the
scope of making SEA reports (EA reports) including the scope of space and time.
3. Used methods
Indicate the used methods during
the making of SEA reports (EA reports).
4. Content of consultation
implementation
4.1. Field activities
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- Collection and processing of
existing data and documents of natural, social and economic conditions, current state of environmental components and primary data on:
+ Data and
topographic map; geology; hydrogeology; land; meteorological data, hydrology,
oceanography (of various years); data on air quality, soil, water (of various
years); data on biological resources ...;
+ Economic data (sectors:
industry, agriculture, fisheries, animal husbandry, tourism); social data
(population, ethnic group, culture, health, income, ...); data on buildings,
historical sites , religion, culture, famous landscape; data on land clearance,
compensation and relocation ...;
- Sample collection and analysis
of environmental quality: air, noise, land, water, biological resources...,
- Community consultation.
4.2. Internal
activities
Based on the specific contents for
each strategy, planning, plan or project, the main activities consist of:
- Processing, analysis and summary
of data of field activities;
- Making of various maps:
project location, project overall layout, current state of irrigation,
inundation, environment, sampling location, monitoring ...
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- Writing of special subjects on
forecasting and assessment: identification of main environmental issues;
assessment of project impact on objectives and viewpoints of environmental
protection in documents; assessment and comparison of schemes; forecasting of
trends of main environmental issues; assessment of impact of planning component
on environment; impact of overall planning on environment; recommended adjustment
of objectives, viewpoints and contents of planning; other relevant recommended
adjustment of planning; identification of impact-causing sources; assessment
and forecasting of project impact on environment and society; recommendation of
environmental protection orientation, etc.
- Writing of special subjects on
prevention and minimization in stages of implementation; environmental
management programs; environmental monitoring programs, fees for environmental
protection, etc.
- Summary of SEA reports (EA reports).
5. Volume and
implementation progress
Based on the specific content for each strategy,
planning, plan or project, it is necessary to indicate the volume of work to
carry out the above contents and recommend the progress of each work item of
consultation activities.
6. Funding estimate
- Grounds for estimate
preparation;
- Detailed estimate preparation of
each work item based on the current financial regulations; technical economic
norms and applicable unit price.
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FORM OF OPINION GATHERING ON SEA REPORT AND EA
REPORT
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry
of Agriculture and Rural Development)
Planning-making
body
(Project owner)
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ...
Subject: Gathering opinions on SEA reports (EA reports) of (2)
(Place), date… month … year …
To:
(1)
Name of
planning-making body (Project owner) assigned by the Ministry
of Agriculture and Rural Development to manage (be the project owner) of (2),
has:
- Contact address: …;
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(2) (2) under the approval authority/investment
decision and approval authority of (3).
Name of the planning-making body (project owner)
send (1) dossier, including:
- For dossier of SEA reports, including: One
(01) report on strategic environmental assessment and one (01) general report
of (2);
- For dossier of EA reports, including: One (01)
report on environmental impact assessment and one (01) feasibility report or
investment project or equivalent documents of (2).
Kindly request (1) to give opinions on SEA
reports (EA reports) of (2)./.
Representative
of planning-making body (Project owner)
(Signature,
full name, position, seal)
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(1) Standing appraisal body;
(2) Full name of strategy,
planning, plan or project;
(3) Body approving the
strategy, planning, plan or having authority to make decision or approve the
investment.
APPENDIX IV
FORM OF OPINION GIVING ON SEA REPORT AND EA REPORT
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry
of Agriculture and Rural Development)
(3)
--------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ...
...
...
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Subject: Giving opinions on SEA reports
(EA reports) of (2)
To:
(1)
Name of planning-making body (Project owner) submitting document No.....dated.... …/…/20…on
opinion gathering on SEA reports (EA reports) of (2).
After considering, (3) has opinions on SEA
reports (EA reports) as follows:
1. About dossier of SEA
reports
2. About content of SEA
reports (EA reports)
Where the SEA reports (EA reports) does not meet
the prescribed quality requirements and must be modified or added, (3) shall
give detailed and specific opinions in order of chapters and sections of SEA
reports (EA reports) under the corresponding form specified in Appendix 1.3
(Appendix 2.3) issued with Circular No. 27/2015/TT-BTNMT.
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(3)
(Signature,
full name, position, seal)
Note:
(1) Planning-making body or Project owner;
(2) Full name of strategy,
planning, plan or project;
(3) Standing appraisal body
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