Decision No. 19/2007/QD-BTNMT promulgating the Regulation on the conditions for and provision of the service of appraising environmental impact assessment reports

28 OFFICIAL GAZETTE IsslIe nos 09·10/November 2007 (Gong Baa nos811·812lDecember 7, 2007) THE MINISTRY OF NATURAI,RESOURCES AND ENVIRONMENT DECISION No. I9/2007/QD-BTNMT OF NOvEMBER26,2007,PROMULGATINGTHE ~F.GIJT,ATION ON THE CONDIDONS FO~ AND PROVISION OF THE SERVICE OF APPRAISING ENVIRONMENTAL IMPACT ASSESSI\lENT REPORTS 11lE MINISTER OF NATURAL RESOlJRCES AND ENVIRONMENTX Pursuant to the November 29, 2005 Law on EnvironmMtalProtection; Purs~ to the Government's Decree No. 911 2oo2lND-CP of November 11, 2002, defining the functions tasks, powers andorganizational structure Of the Ministry of Natural Resources and Envtronmou; PUTSll:1!ltt to the Government's Decree No. 801 2UtJ6lND-CPofAugust9,2006, detailing andguiding theimplementation ofanumberofarticles a/the Law on Enviranmental Protection; At tJtv proposal of the director of the Environmeatal Impact Appraisal and Assessment Deparf/1UlliJ andthedirectoroftheLegalDepartment, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on the conditions for and provision of the service of appraising environmental impact assessment reports. Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO," Article 3.· Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, and concerned organizations and individuals shall implement this Decision. MinisterofNatural Resources and Environment PRAM KHOI NGUYEN REGULATION ON THE CONDITIONS FO~ AND PROVISION OF THE SERVICE OF APPRAISING ENVIRONMENTAL IMPACT ASSESSMENT REPORTS (Promulgated together with the Natural Resources and Environment Minister's Decision No. 19120071 QD RTNMTofNovember 26, 2007) ChapterI GENERAL PROVISIONS Article 1.- Scope ofregulation This Regulation provides for the conditions for and provision of the service of appraising environmental impact assessment reports of investment projects in Vietnam, except [UI invcstneru projects in the defense or security domain and investment projects involving state secrets. Article 2.- Subjects of application This Regulation applies to state management agencies; appraisal service organizations appraising environmental impact assessment reports; and other organizations and individuals involved in the provision of the service of appraising environmental impact assessment reports. Article 3.- Principles on the provision of the © VIETNAM LAW & LEGAL FORUM Issue nosl)9·1()JNovember 2007 (Gong Bao nos811-8121December 7, 2007) OFFICIAL GAZETTE appraisalservice 1.Vietnamese andforeignorganizations thatmeet allconditions specifiedinArticle 6 of thisRegulation may register to be selected for the provision of the service of appraising environmental impact assessmentreports. 2.The service ofappraising environmental impact assessment reports is provided on the basis of contracts signed between agencies in charge of selecting organizations providing the service of appraisingenvtrcnmemalimpactassessrremreports (referred to as appraisal service-selecting agencies) defined in Article 21 of the Law on Environmental Protection and organizations selected to provide the appraisal service (referred to as appraisal service organizations). ::L Appraisal service organizations may invite managers, scientific, technological and technical experts who possess appropriate professional qualifications to participate in the appraisal of environmental impactassessment reports, exceptfor the cases specified in Clauses4 and 5 of thisArticle. 4. Organizations and individuals that have assumed the main responsibility for or participated in elaborating theenvironmental impact assessment reportof a specific projectmaynot assumetheprime responsibility for or participate in appraising the environmental impact assessment report of that project. 5. Organizations and individuals that arc complained or denounced for violations of law on environmental protection or other illegal acts may notassume the primeresponsibility for or participate in the appraisal of environmental impactassessment reports. Article 4.- Expenses for the appraisal service Expenses for the appraisal service comply with the FinanceMinistry'S regulations. Article 5.- Appraisal by appraisal service organizations Environmental impact assessment reports of investmentprojects in oneofthefollowing casesmay be appraised by appraisal serviceorganizations: 1. Projects occupying partlyor wholly the land area of a nationalpark, nature reserve, bio-reserve, worldheritageor ranked historical or cultural relic. 2. Projects in oneof thefollowing domains: atomic power, thermonuclear power, nuclear reactors, hydroelectric power, irrigation with the construction of reservoirs, coastal aquaculture, construction of seaports, river horbors, airfields or cirports, oil refinery, petrochemistry, production of base chemicals, production of plant protection drugs, production of fertilizers using oremittingradioactive substances, oil and gas exploitation, exploitation of special or hazardous minerals, waste recycle and landfill. 3. Projects for whichinvestors or projectowners have filed a written request for appraisalttu-ough the appraisal service. 4. Projects subject to elaboration of additional environmental impact assessment reports and their previous environmental impact assessment reports have been appraised through the appraise] service. ChapterIl CONDITIONS FOR AND RESPONSmILITIESAND POWERS OF APPRAISAL SERVICE ORGANIZATIONS Arlicle 6.-Capacity conditions onappraisal service organizations Appraisal service organizations must meet the following conditions: 1. Having the legal person status; employing scientific, technological and technical cadres whu possess professional qualifications suitable to investment projects, including at least three (03) specialists whohaveworked forat leastfive(O!)) year.... in the domain of environmental impactassessment. 2.Havingappropriate facilities andcquipmentfor © VIETNAM LAW & LEGAL FORUM 30 OFFICIAL GAZETTE Issue nos 09-10/November 2007 (COll!1Bdo 110S 811-612JDeL:ember 7, 2007) measuring, taking and analyzing environmental samples and other related samples suitable to the characteristics and execution sites of projects. If having inadequate facilities and equipment as prescribed, these organizations may hire facilities and equipment for appraisal. A1tick7.-Responsibilities andpowers ofappraisal service organizations 1. Appraisal service organizations have the following responsibilities: aITo abide by legal provisions on appraisal of environmental impact assessment reports and other relevant legalprovisions; bfTosirictly complywithregulations onoperation ofappraisal service organizations specified inChapter IV of tru5 Regulation; d Totake responsibility beforelawand appraisal service-selecting agencies fortheirappraisal results; dI To plY all expenses relatedto the re-appraisal or additioaal appraisal in case theirappraisal results are not approved by appraisal service-selecting agencies; 2. Appr-aisal service organizations have the following powers; at To request investors, project owners or units providing consultancy on making environmental impact assessment reports to supply necessary information anddata fortheappraisal of these reports; to adjust 5Upplcmcnt and complete environmental impactessessment reports in accordance with legal provisions on environmental protection; hi To request investors, project owners or units providing consuitancy on making environmental impact assessment reports to coordinate with one another in conducting measurements and surveys at theexecution sitesof theprojects incaseof necessity; clToreport andpropose appraisal service-selecting agencies to coordinate in settling difficulties and problems in the course of providing the appraisal service. Chapter III SELECTION OF APPRAISALSERVICE ORGANIZATIONS Article 8,- Announcement on the selection of appraisal service organizations After deciding on the selection of the form Whereby environmental impactassessment reports are to be appraised by appraisal service organizations, appraisal service-selecting agencies shall make announcement on the selection of organtzauons providing the service of appraising environmental impactassessment reports of investment projects on at least one central daily newspaper and their websites (if any). Suchan announcement contains: 1. The nameoftheinvestment project, its investor or pmject owner anrl execution site 2. Thebranch, domain and scope of the investment project. 3. The contact address of the appraisal service­ selecting agency. 4.Therequirement onthetimelimitforappraisal. ,. 'the deadline tor registration for participation in the selection of appraisal serviceorganizations. 6.Other information andrequirements relatingto the selection (if any). Article 9.- Registration for participation in selection of appraisal service organizations 1. Appraisal service organizations wishing to provide the service of appraising environmental imp::lr:t ~",~e"sment reports shan send a dossier of registration for participation in the selection to appraisaJ service-selecting agencies, comprising: ::11 A written registration for participation in the selection of organizations providing the service of appraising environmental impactassessment reports, includingcommitmentsonthereliability andaccuracy of the declared information and the proposedfunds and timeforcompletion of appraisal services; © VIETNAM LAW & LEGAL FORUM Issue nas09·10fNovember2007 (Gong Bao nos 811-812/December 7, 2007) OFFICIAL GAZETTE 31 bl A declaration on satisfaction of conditions for provision of the appraisal service; a declaration on trainingcourses attendedand professional activities carried out by cadres and specialists engaged in appraisal, enclosed with certifiedcopies ofdocuments evidencing their legal status and professional qualifications as prescribed by law. 2. The time limit for registration for participation in the selectionof appraisal serviceorganizations is specifiedby appraisal service-selecting agencies but must be between three (03) and five (05) working days from the date of making announcement on the selection to the date appraisal service-selecting agenciesreceive dossiers. Article 10.- Selection of appraisal service organizations Afterthe time limit for registration forpnrticipction in the selection of appraisal service organizations specified in Clause 2, Article 9, of this Regulation, appraisal service-selecting agencies shall close the registration book and conduct the selection. The selectionis conductedon the following principles: 1. Only organizations that have filed valid registration dossiers asprescribed in Article 6 of this ReguJation are included in the selection list. 2. Where only one (01) organization has a valid registration dossieras prescribed in Article6 of this Regulation, that organization will be selected to provideappraisal services. 3. Where two (02) or more organizations have valid registration dossiers asprescribed in Article 6 of this Regulation, appraisal service-selecting orgallintliuWi ~}J<I U selecr lhe<nganizalion char satisfies criteria in the following order of priority: aJ The organization with personnel, material­ technical foundations and experience ruost suitable to characteristics of investment projects will be selectedto provide theappraisal service; bl In Case several orgo.niaationo eutiafy the requirements specified at Point a of this Clause, the organization offering the shortest time limit and smallest fundfor the appraisal win be selected; dWhere allorganizations satisfy therequirements specified at Points a and b of this Clause, the organization thathassubmitted aregistration dossier firstwillbe selected. Article 11.-Announcement ofselectionresults and appraisal service contracts 1.Afterobtainingselectionresults, appraisal service­ selecting agencies shall send a written "JlCt¥::e to and invite the selected appraisal service orgmiMtions to sign contracts on the provision of apprais.-~ services forenvironmental impactassessment reports. 2. Contracts on the provision of the- service of appraising environmental impactassessment reports comply with currentlegalprovisions andmustclearly identifying the responsibilities of involved parties, funds, products and deadline for completion. Clwpter IV OPERATION OF APPRAISALSERVICI<; ORGANIZATIONS .4rliclu 12.- Receipt, study and precessing of appraisal dossiers 1. After signing appraisal service- contracts, appraisal service- organizations shall rccclve dossiers fromappraisal service-selecting agencies iJOdconduct theappraisal. 7 In case there arise any matters rebt\?d to the appraisal ofenvironmental impactassessment reports that need to be clarifiedor furtherstudied, appraisal service organizations mayrequest investors orproject owners to organize working sessions or provide necessary information. 3. Investors or projectownersshallwork with or provide relevant information to appraisal service organizations inserviceof theappraisal at thelatter's request. Article 13.~ Field surveys at projectexecution sites 1. In case of necessity, appraisal service © VIETNAM LAW & LEGAL FORUM 32 OFFICIAL GAZETTE Issue nos09·10/November 2007 (Cong Bao nos 811·812lDecember 7,2007) organizations may request investors orprojectowners to coordinate and create favorable conditions to conduct field surveys at project execution sites. Investors or project owners shall make plans and <luangt:: cadres tu participate ill these surveys. 2. When wishing to work with agencies performing the state management of environmental protection and other concerned agencies in the localities where the projects are to be executed on matters related to the appraisal of environmental impact assessment reports, appraisal service organizationsshall directly contact these agenciesor may request appraisal service-selecting agencies to introducedem to these agencies. Article 14.- Processing of appraisal results and compJetioo of environmental impact assessment reports 1. Processing of appraisal results: aI For environmental impact assessment reports that satisfy all prescribed requirements, appraisal serviceorganizations shall send reports on appraisal results to appraisal service-selecting agencies for considerationand ratification: h'Forenvironmental impactassessment reports that need to be amended or supplemented before submission for ratification, appraisal service organiza1ions shallguide investors, projectownersor unitsproviding consultancy on makingenvironmental impact assessment reports to complete these reports; d For environmental impact assessment reports that are unqualified for submission for ratification, appraisal service organizations shall send a written notice to appraisal ecrvicc-aclccting agencies for considerationand handling. 2. Investors or project owners shall complete environmental impact assessment reports <Itthe I equesr of appraisal service organizations until these reports are approvedby appraisalserviceorganizations. In ccno investors or project owners believe that appraisal service organizations' requests are groundlessor fallbeyond theirability, theyshallsend reportsthereon to appraisal service-selecting agencies fordirection, guidance and settlement. 3. The time for investors or project owners to complete environmental impact assessment reports is not includedintheappraisal time limit stated inthe contracts between appraisal serviceorganizations and appraisal service-selecting agencies, and the appraisal time limit prescribed for eppraieel service-selecting agenciesby the environmental protection law. Arlicle 15.- Reporting and submission of appraisal dossiers 1. Within five (05) working days after receiving environmental impact assessment reports already completed by Investors or project owners as requested,appraisalserviceorganizationsshall send reports on appraisal results to appraisal service­ selecting agencies, enclosed with one (01) copy of the dossierof appraisalof theenvironmental impact assessmentreportandone (01) compactdiskrecoded with thecontents of the dossier. 2. A report on appraisal results has the following principalcontents: aJA briefdescription of the process oforganizing and conducting the appraisal of the environmental impact assessment report; bl Evaluation of the contents and quality of the environmental impact assessment report according to environmental protection law; dExisting problems concerningthe reliability and qualityoftheenvironmental impact assessment report which are due tojorce majeure objectivecauses; dI Proposal regarding the ratification of the environmental impact assessment report and other recommendations. 3. Within five (05) working days after receiving dossiers of appraisal results, appraisal service­ selectingagenciesshan send to the appraisalservice organizations a notice on the approval of appraisal results dlllJ liquidate the; signed appraisal service contracts; incaseofnon-approval ofappraisal results, appraisal service-selecting agencies shall issue a © VIETNAM LAW & lEGAL FORUM Issue nos 09·10/November2001 (GOng saonos 811-812JVecemtJer 1, zoot; OFFICIAL GAZETTE 33 written noticeto the appraisal service organizations, dearly staring L1J~ Iew;UJlS alit! requirements. Article16.- Finalization, duplication andsending of environmental impactassessment reports 1. After obtaining appraisal service-selecting agencies' written approval ofappraisal results,appraisal service organizations shall notify the investors or project owners on the finalization andduplication of environmental impact assessment reports. 2. Investors or project owners shall duplicate environmental impact assessment reports in an appropriate quantity as prescribed in the Natural Resources andEnvironment Ministry's Circular No. O&I2006fIT-BTNMT of September 8, 2006, guiding strategic environmental assessment, environmental impact assessment and environmental protection commitments and send these reports to appraisal service organizations. 3. Appraisal service organizations shall inspect environmental impact assessment reports finalized and duplicated by investors or projectowners and sendthemto appraisal service-selecting agencies for performance of procedures for consideration and ratification. Article17.-Archive of appraisal dossiers Appraisal service organizations shallarchive one. (0 I) complete dossier on the whole process of evaluating each environmental impact assessment report under each signed contract in service of mspecuon, comparison andprocessing work in case of necessity. Chapter Y IMPLEMENTATION PROVISIONS Article18.~ Organization of Implementation 1. The Department for Environmental Impact Appraisal and Assessment under the Ministry of Natural Resources andEnvironmental shall supervise andinspect theimplementation ofthisRegulation and, annually, report the implementation results to the Minister of Natural Resources and Environmental. 2. The Natural Resources and Environment Ministry 's Inspectorate shall coordinate with concerned units ininspecting anddetecting violations; carry out examinaticn and handle violations within the scope of its competence or propose handling measures according to regulations. 3. Any difficulties and problems arising in the course of implementing this Regulation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and settlement. Minister ofScienceand Tedrnology PHAM KHOI NGUYEN © VIETNAM LAW & LEGAL FORUM