Decree No. 18/2015/ND-CP prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan

(*) Công Báo Nos 297-298 (07/3/2015) THE GOVERNMENT THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 18/2015/ND-CP Hanoi, February 14, 2015 DECREE Prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan(*) Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the June 23, 2014 Law on Environmental Protection; At the proposal of the Minister of Natural Resources and Environment, The Government promulgates the Decree prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan. Chapter I Article 1. Scope of regulation strategic environmental assessment, environmental impact assessment and environmental protection plan. Article 2. Subjects of application activities related to environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan in the territory of the Socialist Republic of Vietnam. Chapter II Article 3. Elaboration of environmental protection master plan Issue nos 03-05/March 2015 45OFFICIAL GAZETTE c solutions to prevention of degradation and pollution of the soil environment and restoration of environmental protection master plans. development master plan. Article 4. Appraisal of environmental protection master plans c 46 Issue nos 03-05/March 2015OFFICIAL GAZETTE environmental protection master plans elaborated as separate reports shall be appraised by an appraisal council formed by the head of the agency appraising environmental protection master master plans. protection master plans. Article 5. Issue nos 03-05/March 2015 47OFFICIAL GAZETTE c examine and supervise, the implementation of the master plan. Article 6. the master plan and the assimilation of appraisal opinions, made by the agency in charge of the master plan. Article 7. level environmental protection master plans and the principal contents of these master plans Chapter III Article 8. Strategic environmental assessment are subject to strategic environmental assessment. c 48 Issue nos 03-05/March 2015OFFICIAL GAZETTE agencies responsible for appraising these reports (these agencies shall be determined based on responsible before agencies elaborating strategies, master plans and plans and before law for the results of strategic environmental assessment as well as for their established information and data in strategic environmental assessment reports. environmental assessment reports have been appraised by competent agencies does not lead appraisal of strategic environmental assessment reports. and elaborate and issue technical instructions for conducting strategic environmental assessment. Article 9. must sign contracts with capable units to conduct strategic environmental assessment. Article 10. Appraisal of strategic environmental assessment reports which is formed by the head of the agency responsible for appraising strategic environmental experience in strategic environmental assessment. shall guide the operation of appraisal councils. Issue nos 03-05/March 2015 49OFFICIAL GAZETTE c Article 11. Reporting on appraisal results of strategic environmental assessment reports appraisal results to authorities competent to approve strategies, master plans and plans within agencies based on opinions of appraisal councils. thoroughly and objectively opinions and recommendations of agencies appraising strategic environmental assessment reports during the appraisal and approval of strategies, master plans or plans. use as a basis for competent authorities to consider and decide to approve strategies, master plans or plans. as a basis for competent authorities to consider and approve strategies, master plans or plans. Chapter IV Article 12. Environmental impact assessment for the results of environmental impact assessment as well as for information and data used in environmental impact assessment reports. c 50 Issue nos 03-05/March 2015OFFICIAL GAZETTE responsible before project owners and law for the results of environmental impact assessment as well as for their established information and data in environmental impact assessment reports. and study and assimilate objective opinions and reasonable recommendations of consulted impact assessment reports. Article 13. environmental impact assessment. impact assessment. Issue nos 03-05/March 2015 51OFFICIAL GAZETTE c Article 14. Appraisal and approval of environmental impact assessment reports impact assessment reports of projects falling within their investment approval competence, and security secrets and projects falling within their investment approval competence, except assessment reports of investment projects in their localities, except the projects mentioned at Points a, b and c of this Clause. be included in the appraisal time limit. which is formed by the head of the agency assigned to appraise environmental impact assessment experience in environmental impact assessment. reports and give their appraisal opinions as a basis for appraisal agencies to consider and Resources and Environment shall guide the operation of appraisal councils. disasters or epidemics may be appraised through collecting opinions of related agencies and c 52 Issue nos 03-05/March 2015OFFICIAL GAZETTE environmental impact assessment reports. Article 15. with an approved environmental impact assessment report sees any of the following changes by a competent agency. Article 16. Responsibilities of project owners after environmental impact assessment reports are approved environmental impact assessment reports. management and monitoring programs proposed in environmental impact assessment reports consultation is made during environmental impact assessment under the guidance of the on Environmental Protection. environmental impact assessment reports of the plans on pilot operation of waste treatment agencies approving environmental impact assessment reports. and store water in the reservoirs after such plans are examined and approved in writing by agencies approving environmental impact assessment reports. results of implementation of environmental protection facilities serving the project operation Issue nos 03-05/March 2015 53OFFICIAL GAZETTE c different phases, to report the results of implementation of environmental protection facilities serving the project operation phase in each phase of the project. production technology, or environmental protection facilities and measures for projects only after obtaining approval from agencies approving environmental impact assessment reports. Article 17. facilities serving the project operation phase examined by an examination team founded by the head of the agency approving environmental implementation of environmental protection facilities serving the project operation phase, in case it implementation of environmental protection facilities serving the project operation phase, in case of the completion of environmental protection facilities serving the project operation phase, or Chapter V Article 18. Registration of environmental protection plans capacity, of production, business and service establishments, which are not mentioned in on expansion of the scale or increase of the capacity of production, business or service c 54 Issue nos 03-05/March 2015OFFICIAL GAZETTE Article 19. shall certify environmental protection plans of investment projects and production, business on Environmental Protection. Chapter VI Article 20. strategic environmental assessment, environmental impact assessment, environmental protection plans and environmental protection schemes Issue nos 03-05/March 2015 55OFFICIAL GAZETTE c environmental impact assessment reports shall pay expenses for appraisal of detailed environmental and use management of charges for appraisal of detailed environmental protection schemes must responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding Article 21. Reporting regime on registration, and examination of the implementation, of environmental protection plans in c 56 Issue nos 03-05/March 2015OFFICIAL GAZETTE completion, of environmental protection facilities in the previous year in their localities to the and Environment. Chapter VII Article 22. further considered and processed in accordance with the law applicable at the time of receipt. elaborate detailed environmental protection schemes and send them to competent agencies elaboration, appraisal and approval of detailed environmental protection schemes and the Article 23. Effect environmental assessment, environmental impact assessment and environmental protection Issue nos 03-05/March 2015 57OFFICIAL GAZETTE c Article 24. Implementation responsibility On behalf of the Government Prime Minister Appendix I List of strategies, master plans and plans subject to strategic environmental assessment (To the Government’s Decree No. 18/2015/ND-CP of February 14, 2015) great impacts on the environment development, transport, construction, tourism, and health processing irrigation and animal husbandry Strategies and master plans on development of road, railway, seaway, riverway, port and aviation infrastructure facilities materials c 58 Issue nos 03-05/March 2015OFFICIAL GAZETTE Strategies and master plans on development of tourism and golf courses Irrigation development master plans Overall plans on urban centers Master plans on mineral exploitation and processing Master plans on marine resource use and marine environment Adjustment of strategies, master plans or plans with strategic environment assessment reports not yet appraised by competent agencies before the time of adjustment the adjustment of which threatens to exert adverse impacts on the environment Government or the Prime Minister Appendix II List of projects subject to environmental impact assessment (To the Government’s Decree No. 18/2015/ND-CP of February 14, 2015) No. Projects Size Subject to reporting on results of implementation of environmental protection facilities (1) (2) (3) (4) Projects on which investment policy is decided by the Government or the Prime Minister All projects on this list Issue nos 03-05/March 2015 59OFFICIAL GAZETTE c Projects using land of national and projects using land of Projects resulting in All ha, for protection forests or projects on this list Construction projects Projects to build technical infrastructure of urban centers and residential areas Projects to build or upgrade water drainage systems of urban centers and residential Projects to dredge canals, beds dredged volume of at least Projects to build technical infrastructure of industrial All All Projects to build department stores and trade centers towns and townships All c 60 Issue nos 03-05/March 2015OFFICIAL GAZETTE Projects to build medical examination and treatment establishment and other health establishments All Projects to build tourist Projects to build residential areas Projects to build tourist entertainment centers or golf courses Projects to build incinerators All Projects to build military training centers, shooting ranges, defense ports, military All projects Projects to produce construction materials All All Projects to build plants and asbestos cement sheets of asbestos cement sheets All Projects to build establishments producing types All Projects to build establishments producing other construction materials All Issue nos 03-05/March 2015 61OFFICIAL GAZETTE c Projects to produce hot mix asphalt concrete, commercial concrete and concrete of other types Transport projects Projects to build underground Projects to build cable cars All Projects to build express motorways, motorways of grades I thru III, railways and overhead railways Projects to build mountainous All Projects to build airports and terminals and passenger All, for runways and passenger terminals Projects to build road and rail bridges Projects to build river ports Projects to dredge navigational channels or inland waterway channels Accommodating vessels with a Projects to build passenger car terminals or railway stations Electronic, energy and radioactive projects Projects to build nuclear All All Projects to build production, business and service establishments using radioactive substances or emitting radioactive waste All projects that emit radioactive waste in excess of permitted levels c 62 Issue nos 03-05/March 2015OFFICIAL GAZETTE Projects to build wind power Projects to build hydropower plants m of water or a capacity of at Projects to build electricity Projects to build power stations Projects to manufacture and process electronic devices and electric and electronic Projects to manufacture and process electric devices All projects involving the stage of plating Projects on irrigation, forest exploitation and cultivation Projects to build reservoirs of water Projects to build irrigation and water supply and drainage Irrigation and water supply and drainage for an area of at least ha, for planted forests being production forests subject to ha, for natural forests being production forests subject to areas Issue nos 03-05/March 2015 63OFFICIAL GAZETTE c Mineral exploration, exploitation and processing projects Projects to exploit sand and Projects to exploit materials for ground leveling of primitive of primitive materials Projects to exploit solid minerals (without using toxic chemicals or industrial (of primitive minerals or monolithic minerals or All Projects to explore rare earth projects to exploit and process solid minerals using toxic chemicals or industrial metals, radioactive metals and rare earth All All, excluding exploration projects Projects to process solid minerals without using toxic chemicals of All Projects to exploit water for supply to production, business, of surface water Projects to exploit natural mineral water and natural thermal water (ground or of water used for of water used for other purposes Projects to sort and enrich rare earth and radioactive minerals All c 64 Issue nos 03-05/March 2015OFFICIAL GAZETTE Oil and gas projects Oil and gas exploitation projects All All and petrochemical engineering plants (except projects on petrochemical products and Projects to build oil and gas Project to build oil and gas entrepots All All projects to and petrochemical engineering plants and plants to produce petrochemical products (except projects on and lubricant Projects to build petroleum Waste treatment and recycling projects Projects to build solid or treatment facilities waste regulations on waste and scrap management urban or industrial wastewater treatment systems All Mechanical engineering and metallurgy projects Projects to build metallurgy plants All, for projects using scraps for projects using other materials All Projects to build metal rolling or drawing mills Projects to build ship building and repair yards All Projects to build plants manufacturing and repairing containers and trailers Issue nos 03-05/March 2015 65OFFICIAL GAZETTE c trailers Projects to build plants building, repairing and assembling locomotives and carriages All Projects to build plants manufacturing, repairing and assembling motorcycles and automobiles All projects involving the stage of plating Projects to build plants manufacturing machinery, Projects to build metal plating, coating and polishing plants All Projects to build plants manufacturing aluminum and Projects to build plants manufacturing and repairing weapons, ammunition and All All Projects on timber processing and glass, ceramic and porcelain production Projects to build mills processing timber and woodchips from natural timber of products Projects to build plywood plants All Projects to build plants of wood articles Projects to build glass, ceramic or porcelain plants products All Projects to build bulb and thermos plants All Food production and processing projects Projects to build food processing establishments All slaughterhouses for cattle and poultry poultry individuals All c 66 Issue nos 03-05/March 2015OFFICIAL GAZETTE Projects to build establishments All Projects to build sugar mills All Projects to build alcohol and All Projects to build beer and beverage breweries All projects to build beer breweries Projects to build food seasoning plants All and processing establishments All production and processing establishments All Projects to build confectionery mills All of water Farm produce processing projects Projects to build cigarette plants establishments All, for projects to build cigarette plants Projects to build farm produce and starch production and processing establishments wet production and processing technologies All Projects to build tea, cashew nut, cocoa, coffee and pepper processing establishments free production and processing wet production and processing technology All projects using wet processing technologies with an annual capacity of at least of products Issue nos 03-05/March 2015 67OFFICIAL GAZETTE c Projects on animal husbandry and animal feed processing Projects to build establishments processing animal feed All establishments establishments for raising cattle and poultry and caring wild animals for cattle and , for wild animals caring All cattle and poultry raising projects with a breeding facility area of at least Projects on fertilizer and pesticide production Projects to build chemical All Projects to build pesticide or Projects to build pesticide factories All All Projects to build pesticide bottling All Projects on chemicals, pharmaceuticals, cosmetics, plastics Projects to build pharmaceuticals to produce drug materials (including pharmachemical veterinary drugs drug materials (including pharmachemical other pharmaceuticals All cosmetics plants Projects to build plants of chemicals, plastics, plastic products and paint All Projects to build plastic products and plastic resin plants All c 68 Issue nos 03-05/March 2015OFFICIAL GAZETTE Projects to build plants of detergents and additives All Projects to build plants of devices All All Projects to build industrial explosive warehouses, and chemical warehouses All, for industrial explosive warehouses with a storage warehouses All salt from seawater Projects on paper and stationery production Projects to build plants producing pulp and paper from raw materials All Projects to build plants producing pulp or scraps All Projects to build stationery plants All Textile, dyeing and garment projects weaving establishments All All weaving establishments of fabrics Projects on production and garments involving the stage of washing projects not involving the stage of washing and bleaching All projects involving the stage of washing and bleaching Projects to build industrial washing and laundering establishments All All Issue nos 03-05/March 2015 69OFFICIAL GAZETTE c Other projects Projects to build yards for demolishing used ships or cleaning ships All All Projects to build rubber and rubber latex processing establishments All Projects to build plants of medical medical plastics and rubber All Projects to build footwear factories Projects to build factories of rubber tires and tubes of different types tires and tubes for automobiles products of rubber tires and tubes for bicycles and motorcycles All Projects to build factories of materials printing materials All Projects to build battery and cell factories products All Projects to build tanning establishments All All Projects to build establishments manufacturing extracted and and industrial gases Population relocation and resettlement projects Projects on grounds for materials, fuels and scraps All have a total volume of industrial per day or gas emissions of at per hour or solid All All c 70 Issue nos 03-05/March 2015OFFICIAL GAZETTE Projects on renovation, expansion, upgrading and capacity increase to those of the projects listed in mined under projects on this list similar to those listed in Sections All mined under projects on this list Appendix III List of projects with environmental impact assessment reports to be appraised and approved by the Ministry of Natural Resources and Environment (To the Government’s Decree None. 18/2015/ND-CP of February 14, 2015) Government or the Prime Minister. of water. of primitive materials or a total Issue nos 03-05/March 2015 71OFFICIAL GAZETTE c projects to exploit rare earth and radioactive ores or ores containing radioactive materials exceeding of residential wastewater. Appendix IV List of objects not subject to registration of environmental protection plans (To the Government’s Decree None. 18/2015/ND-CP of February 14, 2015) and trade promotion. . , . c 72 Issue nos 03-05/March 2015OFFICIAL GAZETTE