Circular No. 05/2008/TT-BTNMT guiding strategic environmental assessment, environmental impact assessment and environmental protection commitment

52 OFF lelAL GAZEHE IssuUlQs Q7:Q8lDecember 2008 (Gong Baa nos 691-692!December 23, 2008) THE MINISTRY OF NATURAL RESOURCES AND ENVIRJl.NMENT CIRCULAR No. OS/2008/TT~BTNMT OF DECEMBER 8, 2008, GUIDING STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION COMMnMENT Pursuant to the November 29, 2005 Law on EnvironmentalProtection; Pursuantto theGovernment's Decree No. 80/ 20061ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articlesojlhe Lawon EnvironmentalProtection,' Pursuantto the Government's Decree No. ljll ZOO7/ND-CP of May 23, 2007, providing for specializedenvironmentprotection organizations and sections in charge of envtronmentai pnnectionin stateagencies and state enterprises; Pursuant to the Government's Decree No. 211 2008IND-CP of February 28, 2008, amending and supplementing a number of articles of the Government's Decree No. 8012006/ND-CP of August 9, 2006, detailing and guiding the implementation ofa numberojarticles ofthe1£Jw on Environmental Protection; Pursuant to the GovemmenisDecree No. 25/ 2008IND-CP of March 4, 2008, defining the junctions, tasks, powers and organizational structureoftheMinistryofNaturalResourcesand Environment; The Ministry of Natural Resources and Environment guides the implementation of a number ofprovisions on strategic environmental assessment, environmental impact assessment and environmental protection commitment as follows: I. GENERAL PROVISIONS 1. Scopeof regulation 1.1. This Circular guides in detail the imple.me:ntmion of 1:1. number of provisions on strategic environmental assessment, environmental impact assessment and environmental protection commitmentprovided for in the November 29, 2005 Law on Environmental Protection (below referred to as the Law on Environmental Protection), the Government's Decree No. 8012006/ND-CP of August 9, 2006, detailing and guiding the implementation ofanumberofarticles of theLaw on Environmental Protection(below referred to as DecreeNo. 80/20061ND~CP) and Decree No. 2lf2008/ND-CP ofFebruary 28,2008,amending and supplementing a number of articles of the Government's Decree No. 80/2006IND-CP of August 9. 2006, detailing and guiding the implementationofa numberofarticlesot theLaw on Environmental Protection(below referred to as DecreeNo. 21/2008IND-CP), covering: aJ Elaboration and appraisal of strategic environmental assessment reports; b/ Elaboration, appraisal and approval of environmental impact assessment reports and e VI£TNAM LAW & LEGAl. FORUM Issue nos 07-08fOecember 2008 (Cong Bao nos691 692/Decembcr 23, 2008) OFFICIAL GAZETTE 53 additional environmental impact assessment reports; implementation, examination and certification of the implementation of environmental impact assessment reports, arldi tionaI I".n vironmen tal impact assessmen t reports and satisfaction of other req uirements set in approving decisions; cI Elaboration, registration and certification of environmental protection commitment documents; dI Examination and reporting on the appraisal and approvalofenvironmental impactassessment reports and certification of environmental protection commitment documents. 1.2. This Circular does Dot apply to projects which have been put into operation (below referred to as operating establishments), including those which have operated since before July 1, 2006, and have not implemented regulations on elaboration, appraisal and approval of environmental impact assessment reports or regulations on elaboration, registration and certifi calion of e nv i rnnmental standard conformityregistrationdocuments. 1.3. Strategies, plannings, plans and projects in the domain of security and defense and those involving national secrets are guided in other documents. 2. Subjects of application This Circular applies to state agencies, domestic organizations and individuals; foreign organizations and individuals(belowcollectively referred to as organizations and individuals) carrying out activities specified at Point 1.1, Section 1,Part 1of this Circular. 3.Applicationofenvironmental standardsand regulations When elaborating environmental impact assessment reports or environmental protection ccnuuiunent documerus fur rhetr projects, project owners are required to apply Vietnam's compulsory environmentalstandards andnational technical regulations and compulsory environmental standards and regulations under treaties to which Vietnam is a contractingparty. II.ELABORATION ANDAPPRAISAL OF STRATEGIC ENVIRONMENTAL ASSRSSMENT REPORTS 1. Elaboration of strategic environmental assessmentrepons 1.1. The agency assigned tofonnuJate a project subjectto elaborationof a strategic environmental assessment report specified in Article 1<1 of the LawonEnviromnentaJ Protection (below refMOO to as the project owner) shall set up a working team of environmentalexpertsand scientists who possessprofessionalqualifications relevantto the project's content and characteristics er hire a capable consultancy organization to carry out strategicenvironmental assessmentan(( elaborate a strategicenvironmentalassessment report of the strategy, planning or plan. 1.2. Strategic environmental assessment reports must have the form and contents as prescribed. 2. Sending of dossiers of requestfor appraisal of strategicenvironmental assessmentreports 2.1. Project owners shall send dossiers of © VIETNAM LAW &LEGAL FORUM 54 OFF ICIAL GAZ EHE Issue nos 07·08JDecember 2008 (efma RRn 1Ul.~ R.Q1..flQ?A'JIlCP.mhF!r?3, 2008) request for appraisal of strategic environmental assessment reports to appraising agencies specified in Clause 7, Article 17 of the Law on Environmental Protection. 2.2. A dossier of request for appraisal comprises: aJ 01 (Me) written request for appraisal of the strategic environmental assessment report; bl09 (TIine) copies of the project's strategic environmental assessment report,eachbound into a VUlUIIIt: bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet; cl 09 (nine) copies of the draft strategic document, each planning or plan, bearing the signature, full name and title of the project owner and a stamp 011 its supplementary cover sheet. If the appraisal council hasmore thannine (09) members or in other necessary cases as required by the appraisal, the project owner shall provide more copies of the strategic environmental assessment report and the draft strategic document. planning or plan as requested by the appraising agency. 3. Appraisal of strategic environmental assessmentreports 3.1.The agency competent toappraise strategic environmental assessment reports shall designate a subordinate specialized unit to act as the appraisal council's standing body. 3.2. The organization and operation of a council for appraisal of the strategicenvironmental assessment report; and tasks of its standing body comply with the Regulation issued by the Minister ofNatural Resources and Environment. 3.3. After receiving a complete and valid dossier which is qualified for :1ppr:1i"nl, the appraising agency shall setup a council to appraise the strategic environmental assessment report; the number of members ofthe appraisal council shaLL be decided in pursuance to Clauses 2, 3 and 4, Article 17 of the Law on Environmental Protection, the project's characteristics and scope and environmental requirements, but must be at least 09 (nine). 3.4. The time limit for appraisal is speci fil".cl in Clauses 1 and 2, Article 12 of Decree No. 801 2008/ND-CP. 4. kesponsibinues at agencies organizing the appraisal of strategic environmental assessment reports: 4.1. To notify in writing the project owner of the appraisal results within 5 (five) working days after the end of the working session of the appraisal council. The notice must clearly state that the strategic environmental report is approved without requiring any adjustments or supplements or is disapproved and must be re-submitted for approval or is approved if it is adjusted or supplemented, together with adjustment or supplerueutauon requirements for the report and recommendations concerning the adjustment of the contents of the draft strategic document, planning or plan (if any). 4.2. To examine the strategic environmental report after it is adjusted or supplemented by the project owner. 4.3. To report to the agency competent to approve the project on the results of appraisal of the strategic environmental assessment report as © VIETNAM LAW &LEGAL FORUM Issue nos 07·08lDecember 2008 0FFieIAL GAZEHE (GOng &01/0$ 6!)1-$92/December23, 2008) 55 prescribed in Clauses 3 and 4. Article JOofDecree No. 80/2006/ND CP, within 10 (ten) working days a.fter the receipt of a complete and valid dossier as prescribed at Point 5.2, Section 5, Part II of this Circular. The report on the results of appraisal of a strategic environmental assessment report shall be made in writing, containing also comments and recommendations of the appraising agency, enclosed with copies of the minutes of the appraisal councils' working sessions, expressing the sessions' contents and conclusions and the signatures of the appraisal council's chairman and secretary, and a copy of the project owner's written explanations about the adjustments or supplements, already made, for cases in which the strategic environmental assessment report must be adjusted or supplemented at the request of the appraising agency. 5. Responsibilities of the project owner 5.1. To finalize the strategic environmental assessment report at the request of the apprai sing agency in case the strategic pnviwnm~rltal assessment report will not be approved by the appraisal council unless it is adjusted or supplemented (where the strategic environmental assessment report is disapproved by the appraisaJ council. the project owner shall adjust and send once again the report to the agency competent to appraise the report according to regulations); to adjust the draft strategic document, planning or plan on the basis of recommendations of the appraising agency in conformity with environmental protection requirements set in the adjusted or supplemented strategic environmental assessment report. 5.2. To sendto the appraising agency a dossier comprisiug 01 (VIlC) adjusted draft strategic document, planning or plan, 02 (two)hard copies and 01 (one) soft copy recorded in a CD of the finalized strategic environmental a......c s:Hll<:nt report and written explanations about the adjustments or supplements. 5.3. TIlC Lime for the project ownerto finalize and send once again the strategic environmental assessment reportat the request of the appraising agency is not counted into the time linUt prescribed in Clauses 1 or 2, Article 12 of Decree No. 801 2006/ND-CP. III. ELABORATION, APPRAISALAND APPROVAL OF ENVIRONMENTAL IMPACTASSESSMENT REPORTS; IMPLEMENTATION, EXAMINATION AND CERTIFICATION OF'TIIE IMPLEMENTATION OF ENVIRONMENTALIMPACT ASSESSMENT REPORTS,ADDrrIONAL ENVIRONMENTAL IMPACt ASSESSMENT REPORTSAND SATISFACTION OF REQUIREMENTS SETIN APPROVINGDECISIONS 1. Elaboration of environmental impact assessrnentreports 1.1. Organizations and individuals that are owners of investment projects subject to elaboration of an environmental impact assessment report (below referred to as project owners) shall carry out by themselves environmental impact assessment and elaborate environmental impact assessment reports or hire © VIETNAM LAW &LEGAL FORUM 5& OFFICIAL GAZETTE Issue nos 07·08!December 20Q8 (COlly Bao nu~ 69l-6921!Mu;ml!tll 23,20(8) qualified consultancy service organizations as specified ill At iicle 8 of'Decr ee N u. 80/Z00&ND CP to do this job. 1.2.Environmentalimpactassessmentreports must have the torrn and content as presctibed. 2. Community consultation 2.1. T.l;le project owner shall send to the People's Committee and the Fatherland Front Cornmittttof thecommunewheretheprojectwill hp, implp.tl1~ntp.ti ::I docnrnenr notifying rhe project's principal investment items, environmental issues and environmental protectionmeasures and requestingthem to give their written opinions on these matters. Such a document states the project's basic contents, its adverse impacts on the natural environment and socio-economic situation (specifying the categories of wastes, their concentrations and volume), measures to minimize these adverse impacts and other environmental protection commitmentsof the projectowner(clearly stating waste treatment technologies, equipment and facilities andtreatment levelsaccording tospecific paramereesofwastesagainstprescribed standards and norms, and other environmental protection measures). enclosed with diagrams (maps and drawings)showing the location of the project in the relationship with surrounding natural and socio-econouuc objects, the diaglaJll (dl awing) of the project's general ground plan showing its principal items,wastetreatmentandmanagement facilities and environmental protection facilities for factors other than wastes (displaying infrastructure connection points, includingthose between the project's w::I'>te treatment and managementfacilities withinfrastructure systems and natural objectsoutside the project's fence). 2.2.Within thetime limitprescribedat Clause 4, Article 1 of Decree No. 21/2008/ND-CP, the commune-level People's Committee and FatherlandFront Committee shall: Publicize the projectamonglocalpeopleand send written responses to theprojectowner. Request in writing the project owner, to collaborate in holding dialogue meetings, when necessary. The dialogue between the project owner, commune-level People's Committee, Fatherland Front Committee and stakeholders shall be recorded in a minutes, which lists all attendants and reflects all debated matters and contents accepted or unaccepted by the project owner. The minutes must bear the signatures (together with the full names and titles) of representatives of the project owner and attendants. 2.3.The prosand consof theprojectproposed by the commune-level People's Committee and FatherlandFront Committeeand attendantsto the dialogue meeting shall be summed up and truthfully expressedin theen\lironmentalimpact assessmentreport. 2.4. The project owner's documents on communityconsultations, writtenopinionsof the commune-level People's Committee and Fatherland Front Committee, the dialogue meeting's minutes and other documents on community consultations (if any) shall be duplicated and attached to the project's environmental impactassessmentreport. 2.5. Cases in whj{'h con<;lIlf:Hinn with commune-level People's Committees and e VIETNAM LAW & LEGAL FORUM Issue nO$ 07-oaJDecember 2008 OFF lelAt GAZETTE (Cang Bao nos691-69Wecember 23, 20(8) 57 representativesofcommunitieswheretheproject will be implementation in the process of elaborating environmental impact assessment reports is not required are specifiedin Clause 4, Article 1 of Decree No. 21/200RINO-f'P 3. Sending of dossiersof requestfor appraisal of environmentalimpact assessmentreports 3.1. Project owners shall send dossiers of request for appraisal of environmental impact assessment reports to agencies competent to organize the appraisal of environmental impact assessment reports specified at Points a and b, Clause7,Article21of theLaw onEnvironmental Protection and Clause .::i, Article lot Decree No. 21120081ND-CP. 3.2. A dossier of request for appraisal of an environmental impact assessment report comprises: at 01 (one) written request for appraisal and approval of the project's environmental impact assessment report; bl 07 (seven) copies of the project's environmental impact assessment report, each bound into a volume and bearing the signature and the full name and title of the project owner and a stampon its supplementarycover sheet If the appraisal council has more than seven (07) members or in other necessary cases as required by appraisaljob, the projectowner shall provide more copies of the environmental impact assessment report and the draft strategic document, planning or plan as requested by the appraisingagency; ct 01 (one) draft investment report, socio economicreport, investment projector equivalent documents of the project, each bearing the signature,full name and title of the project owner and a stamp on its supplementarycover sheet. 3.3. The time of sending dossiers of request for appr ais al ur approval of projects' environmental impact assessment reports is specifiedin Clause5,Article 1of Decree No. 211 20081ND-CP. 4. Appraisal of environmental impact assessmentreportsby an appraisal council 4.1. The agency competent to appraise environmental impact assessment reports shall designateasubordinate specialized unit toactas the standingbody of the appraisalcouncil. 4.2. The organization and operation of a councilfor appraisalof theenvironmentalimpact assessment report and tasks of its standing body complywiththe Regulation issued by the Ministry of NaturalResources and Environment. 4.3. After receiving a valid dossier which is qualifiedforappraisal, the appraisingagencyshall decide to set up a council to appraise the environmental impact assessment report. The numberof membersof an appraisal council shall' be decided in pursuance to Clauses 2. 3 and 4, Article 21 of the Law on Environmental Protection,the project's characteristicsand scope and environmental requirements, but must be at least07 (seven). 4.4. Within 05 (five) working days after receiving theappraisal results from the appraisal council, the council's standing body shall notify in writing theprojectownerof theappraisal results and requirements to finalize the dossier of the environmentalimpact assessmentreport. © VIETNAM LAW & LEGAL FORUM 58 OFFICIAL GAZETTE Issue nos 07·08JDecember 2008 (Gong Bao nos 691-692A'Jecember 23,2(08) 5, Appraisal of environmental impact assessment reports by an appraisal service organization Environmental impact assessment reJX>r1s shall be appraised by an appraisal senti!'f' orgnnizntion in accordance with the Regulation on conditions for the provision of environmental impact assessment report appraisal services. issued together with the Natural Resources and Environment Minister's Decision No. 19120071 QD-BTNM.T of November 26, 2007 (below referred to as Regulation 19). 6. Finalization of environmental impact a:>M;:5:;;Il~reports 6.1. Cases in which the environmental impact assessment report is appraised by an appraisal council The project owner shall finalize the environmental impact assessment report at the request otthe appraising agency, sign on the left bottom corner of each page and then duplicate and sendeopies of the report bound into hardback volurnes.jmctosed with written explanations on the finalisation, to the appraising agency for consideration and approval as follows: al Sending the environmental impact assessment report, which is subject to approval by the ministry of Natural Resources and Environmem, [Q [he Ministry uf Natural Resources and Environment (03 hard copies and 01 soft copy recorded in a CD); the Natural Resources and Environment Service of the province where there is land to be used for the project (01 copy); and the project-managing ministry or agency (01 copy); the management board of the industrial park, export-processing zone or hi-tech park (below referred to as the management board), for investment projects in industrial parks, export-processing zones or hi tech parks (01 copy); and the project owner (01 copy). In case the project will be implemented on an area belonging to 02 (two) or more provinces or centrally run cities, the number of copies will correspond to the numberofconcerned provinces and/or centrally run cities; bl Sending the environmental impact assessment report, which is subject to approval by another ministry, a ministerial-level agency or government-attached agency, to the project managing ministry or branch (03 hard copies and 01 soft copies recorded in a CD); the Natural Resources and Environment Service of the province where these is land to be used for the project (01 copy); the Ministry of Natural Resources and Environment (01 copy); the uiauageineut board, [Ul jIlVC~LIIlClit PlUjt:ct:> in industrial parks, export-processing zones and hi tech parks (01 copy); or the project owner (01 copy). cl Sending the environmental impact assessment report, which is subject to approval by the provincial-level People's Committee, to the People's Committee of the province where the project will be implemented (01 hard copy and 01 soft copy recorded in a CD); the provincial level Natural Resources and Environment Service (0I copy); the management board, for investment projects in industrial parks. export-processing zones and hi-tech parks (01 copy); and the project owner (01 copy), 6 7 Cases of appra i sa l hy ;:l service © VIETNAM LAW &LEGAL FORUM Issue nos 07"()8fDecember 2008 (CongBaD nos 691-6921December 23, 2008) OFFICIAL GAZETTE 59 organization: aJ The finalization of environmental impact assessment reports appraised by an appraisal service organization must comply with Articles 14, 15 and 16 of Regulation 19; bl The finalized environmental impact assessmentreports must satisfytherequirements on number of copies and contents specified ut Point 6.1,Section 6, Part ill of this Circular. 6.3. If the finalization of the environmental impact assessrneut leVUI t takes mure than 24 (twentyfour) months counting fromthe time the appraisalcouncil's standing body issuesa notice of the appraisal results and requirements on the finalization of the environmental impact assessment report, or involves basic changes in the project's production technology, capacity or location, the project owner shall re-compile the dossier of request for appraisal of the project's environmental impactassessmentreport. 6.4. The time for the projectownerto finalize theenvironmental impactassessmentreport is not counted into the appraisal time limit specified in Article 12of DecreeNo. 80/2006/ND-CP. 7. Re-appraisal of environmental impact assessmentreports 7.1. In case the environmental impact assessmentreport is not acceptedby theappraisal councilor appraisal service organization or the projectseeschangesspecified atPoint6.3,Section 6, Part III of this Circular, a re-appraisal will be carried out upon a written request of the project owner. 7.2.Are-appraisal of theenvironmental impact assessment report may be carried out by the appraisal councilorappraisal serviceorganization which has carried. out the appraisal; in case of necessity, the agency competent to approve the environmental impactassessmentreport may set up a new appraisal councilor select another appraisalserviceorganization to carry out the re appraisal. 7.3. Expenses for re-appraisal of the environmental impactassessmentreport shallbe paid by the project owner according to current regulations. 8. Approval of environmental impact assessmentreports 8.1. Approval of an errvironrncntal impact assessmentreportshall beexpressed inadecision, 8.2. When seeing that there is the possibility uf <1UVcrSl;; environmental impacts which, however, havenotyetbeenfullyexarrssedin the environmental impact assessment report due to such objective causes as the luck of dttta on thc loading capacity of the surroundingenvironment, unreliability of theriskassessment and Ofherforce majeure circumstances by the time ofapproval of the environmental impact assessment report, the agencycompetent toapprove thereportshall make a note thereof in the requirement section of the approvaldecision. 9. Certification and sending of dossiers of approved environmental impact assessment reports After the environmental impact assessment report is approved, the agency competent to approve the report (or the agency authorized by theagencycompetent to approvethereport)shall: ~ Give certification on the reverse side of the © VIETNAM LAW & LEGAL FORUM 60 OFFICIAL GAZETTE Issue nos 07008IDecember 2008 (elmo RAonos 691-li.Q'!fJA(y>m~r 2.1, '008) supplementary cover sheet of each copy of the environmental impact assessment report: Send the certified environmental impact assessment report, together with the approved decision, to the project owner ami other relevant agencies specified at Point 6.1, Section 6, Part III of this Circular; and Send the decision approving th~ environmental impact assessment report under Clauses rand 2, Article 15 of Decree No. 801 20061NO-CP. 10. Elaboration, appraisal and approval of additional environmental impact assessment reports 10.1. The project owner falling into cases specifiedatPoint a, Clause 1,Article 13 of Decree No. 80120061ND-CP and Clause 6, Article 1 of Decree No. 21/2008/ND-CP, shall elaborate and submit an additional environmental impact assessment report to the agency which has approved the project's environmental impact assessment report for appraisal and approval before theprojecr is implemented. 10.2~ Additional environmental impact assessment reports must have the form and contents as prescribed. 10.3. A dossier of request for appraisal and approval of an additional environmental impact assessment report comprises: aI01 (one) written request for appraisal and approval of the additional environmental impact assessment report; bl 07 (seven) copies of the additional environmental impact assessment report, each bound into a volume bearing the signature, full name and title of the project owner and ;l stamp on its supplementary cover sheet. In case of necessity as required by appraisal job, the project owner shall provide more copies of the additional environmental impact assessment report as requested by the appraising agency; cl 01 (one) copy of the ~pprnvf'cI environmental impact assessment report; dI 01 (one) lawfully authenticated copy of the decision approving the environmental impact assessment report; eJ 01(one) adjusted investment report, techno economic report, investment project or equivalent documents, bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet, 10.4. The additional environmental impact assessment report shall be appraised by seeking written comments from scientists and managers who possess relevant professional qualifications and the state management agency in charge of environmental protection in the locality where the project will be implemented. Comments and evaluations shall be made according to a set fonn. In case ofnecessity. the additional environmental impact assessment report may beappraised by an appraisal councilorappraisal sendee organization. lOS If the dossier is unqualified for appraisal, within OS (five) working days after receiving the dossier, the appraising agency shall notify in writing the reasons for its non-qualification to the project owner for completing the dossier. lO.6. If the dossier is qualified for appraisal, the :l£pncy competent to appraise the report shall © VIETNAM LAW & LEGAL FORUM lssye nos 07-o&'December2D08 OFFIC IAL GAZETTE (Cong B.30 nos691-6921D9CGmoor 23,2(08) 61 consider and approve the additional environmental impact assessment report within 30 (thirty) working days; if the dossier fails to satisfy conditions for approval, it shall notify in writing the project owner of its comments and evaluation on theadditional environmental impact assessment report for finalizing the dossier. 10.7. A dossier of request for approval of the additional environmental impact assessment report comprises written explanations about the finalization of the report, enclosed with the finalizedenvironmental impactassessment report signed by the project owner on the left bottom COOler ofeachpage,boundintoa hardbackvolume andduplicatedina numberofcopiesequal tothose oftheapprovedenvironmental impactassessment report ofthe project. 10.8. The decision approving the additional environmental impact assessment report shall be made according to a set form with a sufficient numberof originalsfor sendingtoalltherecipients of the decision approving the environmental impact assessment report. 10.9. Certification of the approved additional environmental impact assessment report shall be given on the reverse side of its supplementary cover sheet. 10.10.The certified additionalenvironmental impact assessment report and the approval decision shall be sent to recipients like those of the approved environmental impact assessment report and its approval decision. 11. Responsibilities of the projectowner after the environmenr.al impact assessment report is approved 11.1.To report to the People's Committee of the district where the projectwill be implemented on the contents of the decision approving the project'senvironmental impactassessmentreport, within 1S (fifteen) days after the date of T"P.C'R:ipt ofthe decision. 11.2. To make a summary of the approved environmental impact assessment report and post it up at the officeof the commune-level.People's Committeewherecommunityconsultationshave been carried out, within 05 (five) days after the receipt of the decision approving the environmental impact assessment report and the decision approving the additionalenvironmental impact assessmentreport, if any, till the project is put into operation. 11.3.Toprepareand send to theageacy which has approved the environmental impact assessment report and theNatural Resources and EnvironmentServiceof theprovinceor citywhere the project will be implemented, the fullowing reports and documents: aJ A report on the plan on constreetion and installation of environmental treaaaent and protection facilities; bJA report on trial operationofenvironmental protection and treatment facilities; d A report on implementationof the'project's environmental impact reports und compliance withrequirementsset out in its approval decision before the project is put into operation, enclosed with a written request for certification. 11.4.1fthe project hasan approved additional environmental impact assessment report, the project owner shall report the contents of the © VIETNAM LAW & LEGAL FORUM 62 OFFICIAL GAZETTE Issue n05 07.()8J[lecember 2008 (Gong BaD nos 691-692/December 23, 2008) additionalreport tothePeople'sCommitteeof the district where the project will be implemented, within the time limit specified at Point 1L L Section II, Part III of this Circular and update and supplement to the reports specifiedat Point 11.3, Section 11, Part IIIof thisCircular, contents related to theapprovedadditionalenvironmental impact assessmentreportand requirementsset in its approval decision. 11.5 To implement other requirements specified in Article 14 of Decree No. 8012006/ ND-CP. 12. Responsibilities of the agency approving the environmental impact assessment report after the repords approved 12.1, Before the project is put into operation, to supervise and examine the implementation of the appro-ed environmental impact assessment report and the additionalenvironmental impact assessment report (if any) and the satisfaction of requirements set in the decision approving the project's environmental impactassessmentreport on the h~!': nf considering rhe prnjl",Ct owners reports and dossierof requestfor certification. Whennecessary, tosetupanexamination team tocollalxcte with relevant agencies in conducting examination at theproject'ssite.Theexamination results shatl berecorded in a minutes bearingthe signatures and full names nf representatives of the examining agency, the project owner and relevantagencies. 12,2. To grant a certificate of the project owner's implementation of the environmental impact assessment report and satisfaction of requirements <;f':f in the rr:port-approving ded"ion and decision approving the additional environmental impactassessment report (if any) beforethe projectisput 10tO operation,wlthinthe following time limit after the receipt the project owner's written reguestenclosedwitha validand complete dossierasspecifiedatPoint11.3. Section II, Part III of this Circular: af 15 (fifteen) working days. in case it is unnecessary to carry out examination, measurement and sample taking at the project's site; hi25 (twentyfive) workingdays, in case it is necessary to carryoutexamination,measurement and sample taking at the project'!': !':itp. and the project isqualified for certification. If the project is unqualified for certification, to notify in writing the reason to the project owner. The time for the project owner to satisfy the requirements of the agency approving the environmental impact assessment report is not countedintothe above25-workingday time limit. 12.3. In the process of examining and certifying the implementation of the environmental impact assessment report and satisfaction of therequirements set in theapproval decisiun, if envlronmental observation and analysis data reported by the project owner are unreliable, the certifyingagency shallcoordinate with a profe-ssionully qualified organization in conducting measurement, taking samples and makinganalysisforcomparison; expensesforthe examination, sample taking and analysis of environmental parameters for comparison shall be paid by the certifying agency according to current regulations. © VIETNAM LAW &LEGAL FORUM Issue nos 07-o8lDecember 2008 (C6nq Bao nos 691-692JDecember 23, 2(08) OFFICIAL GAZETTE 63 12.4. Toimplementoilierregulations specified in Article 15 of Decree No. 80!2006IND~CP. 13. Technical survey of environmental protectionand treatment facilities 13.1. Technical survey of environmental protectionand treatment facilitiescomplies with legal provisionson investmentand construction. 13.2. Organizations whichhavedesigned, built or installedthe project's environmental protection and treatment fn~iIiries may not tl"1"hni~nlly survey thesefacilities. 14.Authorization oftheappraisal and approval of envirunmental impact assessment reports of investment projects in industrial parks, export processingzones and hi-tech parks 14.1.The state agency competent to appraise andapprovetheenvironmental impactassessment reportmayauthorize in writing the management board to organize the appraisal and approval of the environmentalimpact assessmentreportofan investmentproject in the industrialpark, export processingzone or hi-tech park in pursuance to the conditions specified in Clause 8, Article 1 of Decree No. 21120081ND-CP, provided that the managementboardhas a specltledenvironmental protectionorganizationor section environmental protection which is an environmental management bureau set up under Clause 1,Article 9 of the Govemment's Decree No. 8112007/ND CP of May 23, 2007, providing for specified environmental protection organizations and sections state agencies and state enterprises and has filed a written request therefor. 14.2.'1 'heauthorizedmanagement boardshall act as a competent state agency organizing the appraisalof theenvironmental impactassessment reportby an appraisalcouncilor appraisalservice organization; re-appraisalof the environmental impact assessment report; approval of the environmental impact assessment report; certification and sending of the dossier of the approvedenvironmental imparl assessmentreport; appraisal and approval of the additional environmental impact assessment report of the project for which the environmental impact assessment report has been approved under authorization; has theresponsibilities ofan agency approving the environmental impact assessment report after the report is approved 10 stnct accordance with the provisions of Part Ill, this Circular;send thereportto theauthorizingagency <3lJl.1 impkIlll:IU Ult: examinauon and reponing regulations in Part Vof thisCircular. IV. ELABORATION, REGISTRATION AND CERTIFICATION oF ENVIRONMENTAL PROTECTION COMMITMENT DOCUMENTS 1. Elaboration of environmental protection commitment documents 1.1.Ownersof projectsspecifiedinArticle 24 of the Law on Environmental Protection shall elaborate environmental protection connnitment documents, 1.2. The form and contentsof environmental protection commitmentdocuments are prescribed in Appendix 23 to this Circular. 2. Registration of environmental protection corrumtmentdocuments © VIETNAM LAW & LEGAL FORUM 64 OFFICIAL GAZETTE Issue nos 01-(l8fDecember 2008 (Cong Bao nos fiQ1-69Wecsmber 23, 2(08) 2.1.The projectownershall senda dossierof TP.qnf':"t for registration of the p:nvironment::ll protection commitmentdocument to thePeople's Committeeof the district, lawnor provincialcity (below referred to as district-level People's Committee) where the project will be implemented or the authorized commune-level People's Committee for registration and certification. 2.2. The time for registration of the environmental protection commitment document is specified atPoint1,Clause 7,Artic1e 1of Decree No. 21/2C08/ND-CP. 23 If the IU"nje-rt l<:'lml'w.mf'.ntE'd in 'an :\w.:\ belongineto 02 (two)or moredistricts, theproject owner shall compareand select a district which will be most affectedby theprojectand send the dossier ofrequestforregistration ofenvironmental protectioncommitment to itsPeople'sCommittee. 24 A dnss ier of rezi<:.trMion of the environmental protection commitment document comprises; aJ 0 1 tone) written request for certification of registration of the environmental protection commitment document; b/ 05 (five) copies of the environmental protection commitment document, each bound intoa hardbackvolume bearingthesignature, full name and title of the project owner and a stamp on its supplementary cover sheet. In case the projectis implemented in anarea belongingto 02 (two) or more districts, the number of copies must correspondto thenumberofconcerneddistricts; cl 01 (one) investment report, techno economic report,production and business plan or equivalent documents of theproject; if theproject j<; implemented in an area belonging to 02 (two) or more districts, the number of copies must correspond to thenumber of concerned districts. 3. Certification of registration of the environmental protection commitmentdocument 3.1. Registration of the env ironrnental protection commitment document shall be certifiedin a certificate. If the irrvestment project is implemented in an area belonging to 02 (two) or more districts, the district-level People'sCommittee thathasreceived the dossier of registration of the environmental protection commitmentdocumentshall send the environmentalprotectioncommitmentdocument to the People's Committeesof all districtswhere the project will be implemented for comments beforegranting a registrationcertificate. 3.2. The agen~y competent to grant a registration certificate shall give certification on thereversesideof the supplementary coversheet of each copy of the regictered environmental protection commitmentdocument. 3.3. If the registration dossier is unqualified for certification, the district-level people's Committee or the authorized commune-level People's Committee shall notify in writing the reasous to the project owner fur completing the registration dossier. The time for finalizing the registration dossier is not counted into the time limit for registration of the- cnviroumcntal protection commitment document specified in Article 26 of the Law on Environmental Protection. © VIETNAM LAW &LEGAL FORUM Issue nos 07·08/December 2008 0 FFielAL GAZETTE (edng R8(l1Jfl.~ fi91.6921DecIi'mber 23, 2(08) 65 4. Sending of dossiers of certification of environmental protection commitmentdocuments 4.1. If the registration and certification is carried out at the district level, the district-level People's Committee shall send 01 (one) eopy of the environmental protection commitment document, enclosed with the certificate, to; <J! TIle; VIoject owner fur implementauon; bl The provincial-level state management agency in chargeof environmentalprotection; cl The People's Committees of all districts where land is used for the project, if theproject is implemented on an area belongingto 02 (two)or more districts. 4.2. If the registration and certification is carried out at thecommune level, the commune levelPeople'sCommittee shallsend01 (one)copy of the environmental protection commitment document, enclosed with the certificate, to: aIThe projectowner for implementation; hi The district-level People's Committee. j.Elaboration, registrationand certificationof additionalenvironmental protectioncommitment documents 5.1. Additional environmental protection commitmentdocumentsshallbeelaboratedin the followingcases: Theprojectseesone offundamental changes in technology, scope,capacityor implementation site; if the change of the project's location leads to the change of the agency competent to make certification, the project owner shall re-compile the dossier of registrationfor certificationof the environmental protection commitmentdocument; The project cannot becarried out within 24 months counting from the date the environmental protectioncommitment document is certifiedby a competent agency. 5.2. Additional environmental protcctiou commitmentdocuments.must have the formand contents as prescribed. The project owner shall send the dossier of the additional environmentai protection commitment document to theagency which has granted the certificate of registration of the environmental protection rrnnmitm.ent document for considerationand certification. 5.3. A dossierof registration of theadditional environmental protection commitmentdocument comprises: a/Dl (one) written request for certificationof registration of the additional environmental protectioncommitment document; hi01 (one)copyof thecertifiedenviromnental protection couuuiunem document; c/Ol (one) lawfully authenticatedcopy of the certificate of registration of the environmental protectioncommitmentdocument; d!01 (one) draft adjusted investment report; adjusted techno-economic report..adjusted production and business plan or equivalent document of the project, bearing the signature, fullname and titleof theprojectownerandastamp UII iLS supplementary cover sheer; ~ The number of copies of the additional enviromnental protectioncommitmentdocument is equal to the number of copres of the project's environmental protectioncommitmentdocument certifiedby a competent agency. 5.4. Certificationof additionalenvironmental © VIETNAM LAW & LEQAL FORUM OffICIAL GAZETTE Issue nos1J1.1JS1oecember 2.1J1J6 (Gang Blio nos 69f-692/Deocmbcr 23,2008) protection commitment documents shall be made in the same way as certification ofenvironmental protection commitment documents. 5.5. The sending of the dossier ofthe additional environmental protectioncommitmentdocument shall be similar to the sending of the dossier of the certified environmental protection commitment document. 6. Authorization of the certification of the registration of environmental protection commitment documents to commune-level People's Committees 6.1.The district-levelPeople's Committee may authorize a commune-level People's Committee to certify the registration of the environmental protection commitment document if seeing that the commune-level People's Committee is capable in environmental management and the commune level People's Committees has made a written req uest for the authorization ofregistration of the enviromnental protection commitment document. 6.2. Within 03 (three) working days after receiving a written request ofthe commune-level People'sCommittee for authorization, the district level People's Committee shall: aJ Send a document of authorization to the commune-level People's Committee to certify the registration of the environmental protection commitment document, in case of approval; hi Send a notice clearly stating the reason for non-approval to the cornmune.Ievel Pp()p1p'<: Committee and the project owner. 6.3. The time for consideration and settlement of [he commune-level People's CUIIlIUillIX'S request for authorization is not counted into the time limit for certification of registration of the environmental protection commitment document. 6.4. If it is not authorized, the commune-level People's Cornrniuee shall return the dossier uf Ute environmental protection commitment to the project owner for sending it to the competent di s tr i c t-I c vel Pcoplc "s ComIn i ttcc for consideration and certification according to regulations. 6.5. If the project is iuiplernerued UJ! <III area belonging to 02 (two) or more districts, towns or provincial cities, the district-level People's Committee muy not authorize a commune level People's Committee to give certification. 7. Authorization of the certification of re-gistration of environmental protection commitment documents of investment projects in economic zones, industrial parks, export processing zones and hi-tech parks 7.1. The district-level People's Committees competent to certify the registration of the environmental protection commitment document may authorize in writing the management board to certify the registration of the environmental protection commitment document of an investmentproject in an economic zone, industrial park, export-processing zone or hi-tech park in pursuance to the conditions specified in Clause 8, Article 1 of Decree No. 21/2008/ND-CP, provided that the management board has a speciahzedenvrronmental protection organization or section which is an environmental protection bureau set up under Clause I, Article 9 of the Governmem's l)cL:IIX Nu. 81/2()()7/ND-CP uf e VIETNAM LAW &LEGAL FORUM Issue "0$ 07.Q8lDecember 2008 0 FFieIAL GAZEHE (Cona Baa nos 69H92/December 23, 20(8) 67 May 23, 2007, providing for specified environmental protection orzanizations and sectionsin stateagenciesand stateenterprises and has filed a written request for authorization. 7.2. The authorized management board shall perform all tasks of a district-level People's Conunittee in the certificationof the registration of environmental protection commitment documents;sending of dossiers of registration of environmental protection commitment documents: certification of registration of additional environmentalprotectioncommitment documents of projects for which environmental protection conunitment documents have been certified in strict accordance with Part IV of this Circular and send reports to the district-level People's Committee and implement the examination and reporting regulations in Part V of this Circular. V.REGULATIONS ON EXAMINATION OF AND REPORTING ON THE APPRAISAL AND APPROVAL OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS AND CERTIFICATIONOF ENVIRONMENTAL PROTECTION COMMITMhNT DOCUMENTS 1. Specialized environmental protection sections of agencies competent to appraise and approveenvironmental impactassessment reports spec! fied at PoiHL b, Clause 7, Anicle 21 uf the LawonEnvironmental Protectionandprovincial level Natural Resources and Environment Services are subject to the examination by the Ministryof NaturalResourcesand Environment in the appraisal and approval of environmental impact assessment reports according to current law: shall send written reports on the appraisal and approval ofenvironmental impactassessment report in the year to the Ministry of Natural Resources and Environment before January 30 of next year,enclosedwithadatasheer (fiend hard copies printed on A4 size paper sheets by post and e-mail attachments). 2. The authorized management boards arc subjectto theexamination byauthorizing agencies in the appraisal and approval of environmental impact assessment reports and certification of environmental protectioncommitmentdocuments in accordancewith current regulations; and send written reports before annual January 15 to the followingagencies: 2.1. The Ministry of Natural Resources and Environment, on the appraisal and approval of environmental impact assessment reports, enclosed with a table of the results of these activities (send hard copies printed on A4 size paper sheetsby post and e-mail attachments). 2.2. Provincial-level Natural Resources and Environment Services, on the certification of registration of environmental protection commitmentdocuments, enclosedwitha tableon the results of these activities (send hard copies printed on A4 sizepaper sheets by post and e mail attachments). 3. District-level people's Committees are subject to the examination by provincial-level NaturalResources andEnvironmentregardingthe ccrtification of registration of environmental e VIETNAM LAW &LEGAL FORUM 68 OFFICIAL GAZETTE Issue nos 07-Q8IDecember 2008 (CfmgBao nos fJ91-692JDecember 23,2(08) protection commitment documents according to current regulations; and shall report to provincial level Natural Resources and Environment Services on the certification of registration of environmental protection commitment documents in the year no later than January 15 of the following year, enclosed with a datasheet (send hard copie~ printed on A4 size p::l[lP.T shpJ'I" by post andesnail attachments). 4. Provincial-level Natural Resources and Environmeat Services shall send reports on the certificatien of registration of environmental protection.commitment documents in the year to provincial-level People's Committees and the Ministry ocNatural Resources and Environment beforeJanasry 30 of the following year, clearly stating the number of projects which have been grantedregistration certificates, arisingdifficulties and problems and proposing solutions to these shortcomings. VI. IMPLEMENTATION PROVISIONS 1. Mittis tries, mini sterial-level agencies, government-attached agencies and People's Committees at all levels shall organize the implementation ofthis Circular. 2, This Circular takes effect 15 days after its publication in rONG BAO :md replaces Circular No. 08/2006nt-BTNMT ofSeptember 9, 2006, of the Ministry of Natural Resources and Environment. guiding strategic environmental assessment, environmental impact assessment and environmental protection commitment. 3 The appraisal of strategic environmental assessment reports, appraisal and approval of euviruurnernal impact assessment reports and certification of registration of environmental protection commitment documents for dossiers received by competent agencies befUic the effective date of this Circular still comply with Circular No. 0812006/IT-BTNMT. 4. Any problems arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and settlement. Minister ofNatural Resources and Environment PRAM KHOI NGUYEN © VIETNAM LAW & LEGAL FORUM