Decree No. 21/2008/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 80/2006/ND-CP of 9 August 2006 detailing and guiding the implementation of a number of articles of the Law on Environmental Protection

6 OFFICIAL GAZETTE Issue no10IFebroary 2008 (G6ng BaD nos 163-1641M,rr:h fil1IJ()B) Part I. LEGAL DOCTJMRNTS THE GOVERNMENT DECREENo.2112OO81ND-CPOFFEBRUARY 28, 2008 AMENDING AND SUPPLEMEN TING A MJMBER OF ARTICLES OF THE GOVERNMENT'SDECREENo.lIOI2OlHW'ND CP OF AUGUST 9, 2006, DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBEI!.OFARTICLESOFTHELAWON ENVIRONMENTALPROTECTION THE GOVERNMENT PurslJtf1ft to the December25, 2001 Lawon Organizdl'tnn ofthe Government; PurSU44t to the November 29, 2005 Law on Enviromrwntal Protection; Pursuant to the June 29, 2006 Law on Standards DJUi Technical Regulations: At the proposal oj the Minister of Natural ReSOuTCe1 and Environment. DECREES; Articl£ 1.-To amendand supplementa number of articles of the Government's Decree No. 801 2OO6IND-CP of August 9, 2006, detailing and guiding theimplementation ofa numberof articles of the Law on Environmental Protection (below referred to as Decree No. 8012006/ND-CP). 1. To amend and supplement Article 4 as follows: .. Article 4.~ Transitional provisions, review and conversion of environmental standards into environmental technical regulations 1.Environmental standards announced bythe State for compulsory application shall be r.o"lnvprtf'.r1 intCl f".nv-iro"lnmf'.nt~1 tf".r.hnir~1 regulations as follows: aJ Standards of surrounding environment quality shall be converted into technical regulations on surrounding environment quality; b/ Standards of waste shall be converted into technical regulations on waste. 2. The Ministry of Natural Resources and Environment shall review and convert national standards of surroundingenvironmentquaJity and national standards of waste promulgated before January 1, 2007, into national technical regulations on surrounding environmental quality and national technical regulations on waste. 3. The review and conversion ofstandards of surrounding environment quality and standards ofwaste into technical regulations on surrounding environmentquality and technical regulations on waste shall be conducted in accordance with the current provisions of law on standards and teclnrh.al regulatlons." 2. Th amend and supplement Article 5 as follows: "Article 5.- Responsibilities, order and procedures for formulation, promulgation and stipulation of application of environmental technical regulations 1. The Ministry of Natural Resources and Environment shall formulate and promulgate national technical regulations on surrounding environment quality and national technical regulations on waste and stipulate roadrnaps and coefficients for application of national technical regulations on waste for regions, areas and sectors . © VIETNAM LAW & LEGAL FORUM Issue no1OJFebrno 2008 (cong ssonos 16.}1041Marcn 0, 2(00) OFFICIAL GAZETTE 7 2. Provincial-level People's Committees shall formulate and promulgate local technical regulations on waste to suit their local characteristics. Local technical regulations on waste must be stricter than national ones and be applied according to corresponding roadmaps and coefficients ofregions, areas orsectors prescribed in decisions promulgartng national technical regulations on waste. 3. The order and procedures for formulation, evaluation and promulgation of environmental technical regulations comply with the provisions of law on standards and technical regulations. 4 Ore:mi7.:1tinns and individuals are ohliged to observe technical regulations on surrounding environment quality and technical regulations on waste promulgated by competent state agencies." 3. To amend and supplement Clause 1 of Article 6 as foUows: "I. To replace the list of projects subject to making of environmental impact assessment reports included in Appendix I to Decree No. 801 2006/ND-CP with the list included in the Appendix to this Decree. For projects subject to making of environmental impact assessment reports emerging outside thelist included-in theAppendix to this Decree, the Minister of Natural Resources and Enviromnent shall consider. decide and report them to the Prime Minister." 4. Toadd the roUowingArtide 00: "Article 00.-Consultation ofcommune, ward or township People's Committees and community representatives in the process of making environmental impact assessment reports 1. Commune, ward or township Fatherland Front Committees (below referred to as commune-level Fatherland Front Committees) shall represent communities in contributing opinions in the process ofmaking environmental impact assessment reports of investmentprojects in their localities. 2. The project owner shall send a document on the project's major investment items, environmental issues ana environmental protection measures and request the commune level People's Committee andFathetmd Front Commiuee of rhe pb~ where thf';pmj~tisto be executed to give opinions. 3. Within fifteen (15) working days after receiving a written request for opinions, the commune-level People's Committee and Fatherland Front Committee shall live their opinions in writing and make them public to local people. Past this time limit, if they issue no written replies, the commune-level People's Committees and community rcpecoentctivco shall be considered having agreed with the project owner. 4. Consultationofcommune, wardortownship People's Committees and representatives of communities. in the process of making environmental impact assessment reports is not required for the following projects: aIInvestmentprojects located within Industrial parks, export processing zones or hi-tech parks, if the projects on construction of infrasaucnue of these industrial parks, export pt"OIN::i::iill!5 zoecs QI. hi-tech parks have had their environmental impact assessment reports approved by competent state agencies. Ifthe environmental impactassessmentreports of projects on construction of infrastructure of these industrial parks, export processing zones or hi-tech parks were approved after July 1, 2006, © VIETNAM LAW & LEGAL FORUM 8 OFFICIAL GAZETTE Issue no1OJFebruarv 2008 (Cang Boo nos 163-1$4IMarch 612008) inspection and certification by a competentstate agency in charge of environmental protection of the strict implementation of the envirornnental protectioncontentsof the approval decision and environmental impact assessment report is required. bI Projects in a sea area for which the administtltive management responsibility of a COUlmUPC People's Committee cannot be identifiedfurconsultation in thecourseofmaking environmeotal impact assessmentreports; dIn~1rnentpmjf"r.ts in thP: domnin of security or defense involving national secrets." 5. Th amend and supplement Article 11 as foIIom, "Article 11.- Appraisal and approval of enviromnental impact assessmentreports 1. People's Committees of provinces and centrally run cities (below referred to as provincial level People's Committees) shall organize an appraioul council or authorize u specialized environmental protection agency of the same level to organize an appraisal councilor selectanappraisal serviceorganization to appraise environmental impact assessment reports of invesrmeaz projects in their localities, except for projects specified at Points a and b, Clause 7, Articjc ] 1 of the Law on Environmental Protection 2. Thetime of submission of environmental impact assessment reports fnr appraisal and approval is prescribed below: aI Owners of investment projects on mineral exploitation shall submit environmental impact assessment reports for appraisal and approval before applying for mineral exploitation permits; bl Owners of investment projects on construction of works or involving construction items shall submit environmental impact assessment reports for appraisal and approval before applying for construction permits, except for projects specified at Point a of this Clause; d Owners of investment projects not falling into categories specified at Points a and b, of this Clause shall submit environmental impact assessment reports for appraisal and approval before commencing their projects. 3. Appraisal councils or appraisal service organizations have the function of giving advice tn assisr competent agencies in examining ami assessing the quality of environmental impact assessment reports serving as the basis for consideration and approval according to regulations. 4. When necessary, before the opening of official meetings of appraisal councils, agencies responsible Iorconducrrng theappraisalmay carry out the following support activities: aJ Survey of the project's execution site and adjacent nreus; b1Taking samples foranalysis andverification; d Consulting the community in the place where the project is to be executed; dI Collecting comments of related experts outside the appraisal council, related scientific and technological institutions. social andprofessional organizations, and non-governmental organizations; eIHolding appraisal seminars. 5. The Ministry of Natural Resources and Environment shall issue regulations on the operation of appraisal councils and appraisal service organizations appraising environmental impact assessment reports. 6. Toamend Point b, Clause 1of Article 13 as follows: © VIETNAM LAW & LEGAL FORUM Issueno101February 2008 (Cang BOO nos 163-16"~rch 6, 2008) OFFICIAL GAZETTE 9 "bl The project is executed only after 24 months following the date of approval of its envirorunental impactassessmentreport. In case of no change in design capacity, technology andsurrounding environment, it isnot required to make an additional environmental impactassessmentreport buta written explanation must be submittedto theapprovingagency." 7. Toamend and supplementArticle 17as follows: "Article 17.- Registration andcertification of writtenenvironmental protectioncommitments 1.The timeofregistration andcertification of written environmental protection commitments is specifiedas follows: aI Ownersof investmentprojectson mineral exploitation shall register their written envtronmemal protecnon commitments for certification before applying for mineral exploitation permits; bl Owners of invc:;trncnt projects on construction of works or involvingconstruction items shall register their written environmental protection commitments for certification before applying for construction permits, except for projectsspecifiedat Pointa of this Clause; cl Owners of investmentprojects not falling into categories specifiedat Pointsa and b, of this Clause shallregistertheir writtenenvironmental protectioncommitments for certification before commencing their projp1':t<; 2. The registration of written environmental protection commitments for investmentprojects tobe executedin twoor moreruraldistricts. urban districts, towns or provincial cities (below collectively referredto as districts) is prescribed as follows: aI Ownersof investmentprojectsshallregister written environmental protection commitments withthePeople'sCommittee of thedistrictwhere theenvironmentwillbe most negatively affected by theproject; In case a project willexertthesamenegative impactona numberof localities, theprojectowner may select one of these localities for registering writtenenvironmental protection commitments. b/-l 'hedtstnct-IevelPeople'S Committees with which project owners register written environmental protection commitments shall consult district-level People's Committees ofother concerned districts before certifying written environmental protectioncommitmentsandnoIify theircertification to theselocalities. 3. Owners of projectson a sea area in which theadministrative managementresponsibility of a district-level People'sCommitteecsenotnotbe menuneo shall register written environmental protection commitments with people's Committees ofdistricts wheretheyhaveregistered for waste treatmentand disposal. For projectswhichdo not generateMy waste in a sea area for which the admirristrative management responsibility of a district-level People'sCommitteecannotbe identified, theyare not required to register written environmental protection commitments. 4. The Ministry of Natural Resources and Environment shall guide the fonn and contents ofcertificates of written environmentalprotection commitments.' 8. To add thefoUowingArticle 17.: "Article 17n Appra;<;al and appTflval nf environmental impact assessment reports, certification of written environmental protection commitments of investmentprojectsin economic zones, industrial parks, export processing zones © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue no10JFebruary 2008 (C6n9 BaOIlCS 163-164JMarc1lG/2OOB) and hi-techparks t State agencies competent to r-rmdur-r appraisaland approval of environmental impact assessment reports and certify written environmental protection commitments may authorize managementboards ofeconomic zones to appraise and approve environmental impact asse&tlll\e'ftt reports and certify written environmental protection commitments of investment-projects in economic zonesprovided that rbese. management boards have units or sections sreciahzed in environmental protection. 2. State agencies competent to conduct ~ and approval of environmental impact assessment reports and certify written eevlronc-ental protection commitments may authorize managementboards of industrialparks, export processing zones or hi-tech parks to a;[lIlrai~f' and approve: environmental impad assessment reports and certify written environmental protection commitments of investment projects in these industrial parks, export processing zones or hi-tech parkswhen the following conditions arefully met: aJThese management boards have units or eccticns specialized in environmental pnnecuou, hi Projocts on construction of infrastructure of these dldustrial parks,exportprocessing zones or hi-tech parks have had their environmental impactassessment reports approved. Ifthe etwirorrmental impactassessment reports of projects on construction of infrastructure of industrial parks, export processing zones or hi tech parks were approved after July 1, 2006, inspection and certification by a competent state agt:IlI,;Y ln chargc uf envlronrnemal protection of the strict implementation of the environmental protection contents of the approval decision and environmental impact assessment report is required. 3. Authorized management boards of economic zones, industrial parks, export processing zones and hi-tech parks shall send reports on results of appraisal and approval of environmental impact assessment reports to prcvincial-Ieve.l en vh rmme.ntal protectlou agencies and results of certification of written environmental protection commitments to district~ level environmental protection agencies of the localities where the economic zones, industrial parks, export processing zones or hi-tech parks arelocated." 9. To add the following Article 17b: "Article 17b.- Elaboration and approval of environmental protection schemes and examination and inspection of environmental protection work in consolidated production, business and service zones and production, business and Service estabfisnments having operated since before July 1, 2006, without decisions on approval of environmental impact assessment report!'.or cerrificares of registration ofsatisfaction of environmental standards 1. Owners of consolidated production, business and service zones and owners of prcdcccoa, business and serviceestablishments having operatedsincebefore July 1,2006, without decisions on approval of environmental impact assessment reports or certificates of registration of satisfaction of environmental standards, shall elaborate environmental protection schemes and submit them before June 30, 2008, to state agencies in charge of environmental protection specified in Clause 2 of this Article for approval or certification. 2. The responsibility to approve and certify environmental protection schemes and examine and inspect environmental protection work of owners specified in Clause 1 of this Article is prescribed as follows: ((;: VIETNAM LAW & LEGAL FORUM Issue no1OIFebruary 2008 (COng Bao noo 163-1WMarch 6, 2000) OFFICIAL GAZETTE 11 aJ Provincial-level environmental protection agencies shall approve and certify environmental protection schemes and examine and inspect environmental protection work of consolidated production, business and service zones and production, business and service establishments of a nature and size corresponding to those required to make environmental impact assessment report...: Theprovincial-level environmental protection agency of the place most negatively affected by a consolidated production, business and service zone or a production, business and service establishment shall consult provincial-level environmental protection agencies ofconcerned localities before approving an euvironmenral protection scheme, for consolidated production, business and service zones and production, business and service establishments located in two or more provinces and centrally run cities. bl District-level environmental protection agencies shall approve and certify environmental protection schemes and examine and inspect environmental protection work of consolidated production, business and service zones and production, business and service establishments in their localities, except for those mentioned at Point a of this Clause. The district-level environmental protection agency of the place most negatively affected by a consolidated production, business and service zone or a production, business and service establishment shall consult dlstrlct-Ievel environmental protection agencies of concerned localities before approving an environmental protection scheme, for consolidated production, business and service zones and production, business and service establishments located in two or more rural districts, urban districts, towns and provlnctal ctues. 3. An environmental protection scheme of a consolidated production. business ami service zone or a production, business and service establishment of a nature and size corresponding to those required to make environmental impact assessment reports has the following principal details: al General information on the size, characteristics and major acuvines of the consolidated production, business and service zone or production, business and service establishment related to the environment; hi An overview of related natural, economic. social and environmental conditions; clThe current status ofthe environment in the area directly and negatively affected by the operation of the consolidated production, business and service zone or production, business and service establishment; dI Statistics on and assessments Of sources negatively affecting the environment; eI Comprehensive solutions, environmental protection facilities andan implememefion plan. 4. An environmental protection scheme of a consolnlatcd prcductton, business alld service zone or a production, business and service establishment ofa nature and size cortespoeding to those required to make environmental protection commitments has the following principal details: afStatistics on and assessments of rmjorwasre sources; bl Solutions, environmental protection facilities and an implementation plan. 5. The Ministry of Natural Resources and Environment shall guide the elaboration and approval or certification of environmental prorecuon schemes of those mentioned III Clause © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue no 1OJFebrucuy 2008 (C6ng 880 roe 16J.-1641March 612008) lofthisArtide." 10. To add the rollowingArticle 17.: "Article 17c.- Management of dossiers, examination and inspection of environmental protection work of consolidated production, business and service zones and production, business aPd service establishments which were granted certificates of registration of satisfaction of envirccanental standards before July 1, 2006 1. Prqwincial-Ievel environmental protection agencies sball manage dossiers ofcertification of registration of satisfaction of environmental standards and examine and inspect environmental protection work of consolidated production, business and service zones and production, businessend service establishments of a nature and size cceresponding to thoserequiredto make environmental impact assessment report."in their localities. 2. Di~ct-level People's Committees shall manage dossiers ofcertification ofregistration of satisfaction of environmental standards and examine and inspect environmental protection work of consolidated production, business and ~ viu::zones and production, business and service establishments other than those mentioned in Clause 1 or this Article. 3. State management agencies in charge of environmental protection at all levels shall transfer dossiers of certification of registration of satisfaction of environmental standards of consolidated production, business and service zones and production, business and service establishments which they are keeping to ugcnciec assigned to manage these dossiers under Clauses I end Zof'this Article before June 30, 2008." 11. To add Ute following Arncle 17d: "Article 17d.- Provisions on environmental protection applicable to investment projects and consolidated production, business and service zones and production, business and service establishments in the security and defense domain 1. Investment projects and consolidated production, business and service zones and production, business and service establishments in thc security and defense domain must comply with environmental protection requirements and procedures in accordance with the law on environmental protection. 2. The Ministry of Public Security and the Ministry of Defense shall appraise andapprove environmental impact assessment reports and certify written environmental protection commitments ofinvestmentprojects and examine and inspect environmental protection work of consolidated production, bueineoo and service zones and production, business and service establishments in the security and defense domain." 12. To add the followingArticle 2la: "Article 21a.- Provisions on dischargeofwaste in the sea 1. It is strictly prohibited to discharge hazardous wastes in the sea of the Socialist Republic ofVietnam. 2. It is prohibited to discharge wastes in the sea areas of nature conservation zones, natural heritage areas, areas. with new natural eco-systems. and regular or seasonal reproduction grounds of marine and aquatic species. 3.Ordinarywastes ofmeans of transport and offshore oil rigs which have been treated in accordance with technical regulations on wastes may be discharged in the sea, except sea areas spectnec tn Clause 2 of rnts Article. © VIETNAM LAW & LEGAL FORUM Issueno1OIFebruary 2008 (rAng Ran IJ(IS 16..'l-164JMarch 6. 2fXJR) OFFICIAL GAZETTE 13 4.Thedischarge of wastes from the mainland which have been treated in accordance with law and wastes dredged fromcanals and fairways in the sea is subject to consent of provincial-level enviromnental protection agencies." 13.Toamend and supplementClause3 of Article 22 as follows: " 3. The Ministry of Natural Resources and Environment shall guide the examination, evaluation and verification of waste treatment equipment and facilities before they are put into operauon." 14.Toadd the foUowing Article 230: ''The Ministry of Natural Resources and Environment shall guide the elaboration of environmental planning integrated into land use planning, socio-economic development planning and branch or domain development planning." Article 2.~ Implementation provisions 1. This Decree takeseffect 15 days after its pubhcauon in "CUNG BAO." 2. Dossiers received before the effective date of this Decree shall be processed .u.tlder the provisions ot DecreeNo. HUl2OO6/NLl CP. 3. Ministers, heads of miniseeeial-level agencies, heads ofgovemment-attachedagencies andpresidents of provmciaJIrnunicipal People's Committees shall have to implement tili6 Decree. On behalfofthe GoV6I2l11Ient PrimeMinister NGUYEN TAN DllNG Appendix LIST OF PROJECTS SUBJECT TO MAKING OF ENVIRONMENTAL IMJll\:CT ASSESSMENT REPORTS (Auacnea 10 the Government's Decree No. 2//l008lNU-CP of February 28, 200f.t) Ordinal Projects Size number 1 Important national projects and works in which All investment guidelines are submitted to the National Assembly for decision under the National Assembly's Resolution No. 66J2006/NQlI of June 29.2006 2 Projects using part or the whole of land areas of All nature conser-vation zones, national parks, mstoncal-cultural relic areas, world heritages, biosphere reserves, and famous scenic places, ranked or not yet ranked, which are protected under decisions of provincial/municipal People's Committees © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue no1OJFebruary 2008 (Gdng Bao nos 163-1WMarch 6/2(08) 3 Projects involving risks of directly and badly All affecting water sources in river hasins, coastal areas and areas having protected eco-svstems Group of construction projects 4 Projects to build infrastructures in urban centers Ccverina 50 ba or more or residential areas 5 Projects to build infrastructures in industrial All parks, hi-tech parks, industrial clusters, export I pn..w.;t:::s:sing ZUIl~ ur trade village clusters 6 Projects to build supermarkets or markets With 200 business places or more 7 Projects to build sports centers Cover ill);::, 10 ha ur more 8 Projects to build hospitals With 50 hospital beds or more 9 Projects to build hotels and rest homes With 100 rooms or more 10 Projects to build tourist and entertainment Covering 10 ha or more resorts 11 Projects to build tourist ser-vice establishments With a wastewater volume of (infrastructure and physical foundations) in 1,000 m' or more per day and coastal areas and on islands niaht 12 Proiects to build aolf courses With 18 holes or more 13 Projects to build cemeteries (burial, incineration All or other forms) 14 Projects to build underground works All 15 Projects to build houses with basements Basement of 10 m or more deep 16 Projects to build combat works, military training All ccuuas, ~huulillK KIouuds and defense Dons 17 Proiects to build military warehouses All 18 Proiects to build defense economic zones All 19 Proiects to build prisons and detention camps All Group of projects to manufacture construction materials 20 Cement production projects Design capacity of 300,000 tons or more of cement per year 21 Projects on grinding of clinker for cement Design capacity of 1 million I o-cductron tons or more ofcement DCI" vcat @ VIETNAM LAW & LEGAL FORUM Issue no1DJFebruary 2008 (COng Baa nos 163-/64IMarctl 6,2008) OFFICIAL GAZETIE 15 22 Projects to produce bricks and roofing tiles Design capacity of 10 mill ion ore: more standard tiles and bricks per year 23 Projects to produce other construction materials Design capacity of 10,000 tons ore more of products per year Group of traffic projects 24 Projects to build underground traffic works 500 m or more in length (subways and tunnels) 25 Projects to build motorways, and roads of grades I All to III 26 Projects to build, renovate and upgrade 50 km or more in length motorways, and roads of grades I to III 27 Projects to build grade-IV roads 100 km or more in length :Il'. Proiects to bmld railways 5U kID or more in loogth 29 Projects to build overhead railways All 30 Projects to build telpher lines 500 m or more in l8ligth 31 Projects to build permanent road and railway 200 m or more in length bridges (excluding the lengtn of access roads) 32 Project.'> tu build u affic WUIk.:. RtX{uir iug reseuleruesu of 1,000 or more people 33 Projects to build river ports and seaports Accommodating vessels of 1,000 DWT or more 34 Projects to build fishing wharves Accommodating fisJ:ting vessels with 100 arrwals or more per day 35 Projects to build airports and airfields All 36 Projects to build passenger car terminals Covering 0.5 ha or I'7I'Ore 37 Projects to produce hot asphalt concrete Design capacity of 30,000 tons or more of products per year Group of energy and radiation projects j~ Projects to build nuclear reactors All 39 Projects to build production, business and service All establishments using radioactive substances or discharging radioactive wastes © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue no10IFebruary 2008 (CQngeaQn~ 163-164/MiJrGh6/2008) 40 Atomic Dower or thermal nuclear oroiects All 41 Thermo power projects Design capacity of 30 MW or more 42 Wind power projects Covering an area of 100ha Of more 43 Solar power projects Covering an area of 100 ha or more 44 Hydropower projects With a reservoir of a capacity of 300,000 m3 or more of water 45 Projects to build high voltage power lines 100 km or more in [ernrth 46 Projects to manufacture electric wires and cables Capacity of 2,000 tons or moreof aluminum per year (or equivalent) Group of electronic and telecommunications nroiects 47 Projects to build radio transmission and radio Design capacity of 2 kW or transmission-receipt stations more 48 Projects to manufacture electric and electronic Design capacity of 10,000 or anoliances more anoliances oer year 49 Projects to manufacture electric and electronic Design capacity of 500 tons components or more of products per year SO Proiects to build telecommunications lines 100 km or more in leneth 51 Projects to manufacture telecommunications All cables Group e: l: rejects on irrigation, forest exploitation and forestation 52 Projects on reservoirs and irrigation lakes With a reservoir of a capacity of 300,000 m' or more of water 53 Proiects on irrigation works Coverine 200 ha or more 54 Seaward expansion protects All 55 River and sea embankment oroiects 1,000 m or more in leneth 56 Projects: involving exploitation nr rnnvpr"inn nf rnvP:Ting 'i ha nr 1ll/lTf". use purposes of headwater protection forests, breakwater forests or special-purpose forests 57 Projects involving exploitation or conversion of Covering 20 ha or more use purposes of natural forests © VIETNAM LAW & LEGAL FORUM Issue no 10JFebruary2008 (GOng BBonos 163-1641March 6, 2008) OFFICIAL GAZETTE 17 58 Forestation and forest exploitation projects Forestation of 1,000 ha or more: exploitation of forests of 200 ha or more 59 Projects to build consolidated rubber, cassava, Covering 100 ha or more sugarcane, coffee, cocoa, tea and pepper zrowtnz areas 60 Projects to build consolidated vegetable and Covering 100 ha or more flower growing areas Grouo of mineral exoloitation nroiects 61 Projects to exploit minerals on the mainland for Exploitation capacity of use as construction materials 50,000 m' or more of materials per year 62 Projects to exploit minerals for use and ground Exploitation capacity of fill-up materials 100,000 m 3 or more bf materials ner vear 63 Projects to exploit, dredge and salvage- exploit Capacity uf 50,()(K) ",1 ur minerals in river beds for use as construction more of materials pet year materials 64 Projects to exploit solid minerals (without using A mined volume (induding chemicals) minerals and discharged earth and rock) of 100.000 m' or more per year 65 Projects to exploit and procCS3 solid minerals All containing hazardous substances or involving use of chemicals 66 Projects to process solid minerals - Design capacity of SD,OOO tons or more of products per year A volume of 500,00Q tons or more of discharged earth and rock per year, for coal sorting 67 Projects to exploit groundwater Exploitation capacity of 10,000 m" or more of water I per day and night 68 Projects to exploit natural mineral water Exploitation capacity of 120 (underground or on .mrfJ'lC'P) fnr hnttling m3 or more of water per day and uisbt 69 Projects to exploit natural mineral water Exploitation capacity of 500 (underground or on surface) for service purposes m' or more of water per day (bathing, medical treatment and other purposes) and mght © VIETNAM LAW & LEGAL FORUM 18 OFFICIAL GAZETTE Issue no 10IFebruary 2008 (Cang Bao nos 163-161/March 612008) 70 Projects to exploit surface water Exploitation capacity of 50,000 m3 Of mOTfl'. of water ppr [hy and night GrOUD of oil and gas oroiects 7l Projects to exploit,.gil and gas All,... ....,, 72 Projectson petrochemical refineries (except AU projects on LPG extraction and lubricant I preparation) n Projects to produce petrochemical products All (surfactanrs, plasticizers, methanol) 74 Proiects to build oil and eas ninelines All 75 Projects to build oil and gas cntrcpots Storage capacity of 1,000 m3 or more 76 Projects to build oil and gas depot areas All (''IT('\1If\~ waste treatment trrolP.cJl'. 77 Projects on re-processing and treating ordinary All solid wastes 78 Projects to build dumping sites for industrial All and hazardous wastes 79 Projects to build dumping sites for garbage For 500 households or for use by people of a district or more .u Projects to build concentrated industrial All wastewater treatment systems outside industrial parks, export-processing zones and hi-tech Darks 81 Projects to build concentrated daily-life Design capacity of 1,000 m' or wastewater treatment systems more of wastewater per day and night 82 Ptujt:\;l:; un purchase amI preliminary }Jl~biIl~ uf Design capacity uf 3,000 scraps (including imoorted scraps) tons/vear 83 Projects on vessel clean-up (all types of All vessels) 84 Proiects to dismantle old vessels (of all kinds) All Group of mechanical engineering and metallurgical projects 85 Ferrous and non-ferrous metallurgy projects Design capacity of 3.000 tons or more of products per year 86 Steel rolling projects Design capacity of 5,000 tons or more of products per year 87 Vessel building and repair projects Vessels of 1,000 DWT or more © VIETNAM LAW & LEGAL FORUM Issue no 1OlFebruary 2008 (['.lingR.<io nos 163-164/March 6, 2008) OFFICIAL GAZETTE 88 Projects to manufacture, repair and assemble Design capacity of 500 units locomotives and ('ar" or more per year 89 Projects to manufacture, assemble and repair Design capacity of 10,000 motorcvcles units or more per year 90 Projects on mechanical engineering and Design capacity of 1.000 manufacture of machines and equipment tons or more of products per vear 91 Projects on metal plating, coating and polishing Design capacity of 1.000 tons or more of prodecrs pee I vear 92 Projects to manufacture shaped aluminum Design capacity ofJ.l: 00 tons or more of products per I year 93 Projects to manufacture and repair weapons and All military materials and technical eouipmenr Grou or timber orocesslna and glass, ceramic and porcelain reduction oroiects 94 Timber processing projects Design capacity of 5,(}O() m3 or more ter year 95 Plywood proceeeing projccta Design capacity of POO,OOO m' or more per year 96 Household woodwork manufacture projects Design capacity of w.ooo or more products pery~ 97 Projects to produce fine art articles Design capacity of I million or more products per Vf"M 98 Projects to produce glass, ceramic and porcelain Design capacity of I million I products or more pe~}'ear 99 Projects to produce sanitary porcelain Design capacity of l~,-OOO tons products or mote per I vear 100 Projects to produce enameled tiles Design capacity of l wullion m' or more oer year 101 Projects to produce bulbs and thermos flasks Design capacity of 1 wrillion or more products per year Group of food processing and beverage projects 102 Food processing projects Design capacity of 5,000 lUllS UI more of products per year 103 Cattle and poultry slaughter projects Design capacity of 1,000 cattle or 10,000 poultry or more oer day © VIETNAM LAW & LEGAL FORUM 20 OFFICIAL GAZETTE Issue no101February 2Q08. (COIlg BiiivI/W 1Q3-lfJ4IMtl1r;hfJ/2(00) 104 Frozen aquatic product processing projects Design capacity of 1,000 IOns ur more uf products per year 105 Sugar production projects Design capacity of 20,000 tons or more of sugar per year 106 Alcohol and spirit production projects Design capacity of 100,000 liters or more of products per year 107 Beer and beverage production projects Design capacity of 500,000 liters or more of products per I vear 108 Monosodium glutamate production projects Design capacity of 5,000 tons or more of products per I year 109 Milk processing projects Design capacity of 10,000 tons or more of products per , year till Edible 011 processing projects Designcapactryof 10,000 tons or more of products per I year III Confectionery prMm·ti( prnjprt<: Dp<;;gn rl'lpJ'll'jly of -'iJ)()fl tons or more of products per I year 112 Ice production projects Design capacity of 3,000 ice bars or more per day and night (for 50 kg bars) or 150,000 kg or more of ice water ner dav and nieht - - . - . Groun 'l"Ji .Il zricultural nroduct processine projects 113 Cigarette production projects Design capacity of 30,000 I nacks or more Dee year \14 Cigarette material processing projects Design capacity of 1,000 tons or more of products per I year 11; Cereals processmg projects Design capacity ot 1O,UOU tons or more of products per I year 116 Rice grinding and processing projecte J)po;:ign ('~~t"ity o{?O,/YY) t(lO" cr more oforoducts per year © VIETNAM LAW & LEGAL FORUM Issue no101Februarv2008 (GOngBao nos 163-1611March 6, 2008) OFFICIAL GAZETTE 21 117 Manioc starch processing projects Design capacity of 1,CXXl tons or more of products ncr year 118 Cashew nut processing projects Design capacity of 10,000 tons or more of products per year 119 Tea processing projects Design capacity of 10,000 tons or more of oroducts ocr vear 120 Coffee processing projects Design capacity of 5 Wl tons or more of products per year, for the wet proeeesing method; 10,000 tom lia" more of products per year for the dry processing methed; 1,000 tons or more of prodssts per year, for processing coffee powder lmd instant c.offee Groun of feed processing and cattle, noultrv rearine and aauaculture projects 121 Cattle, poultry and aquatic animal feed Design capacity of 5,.000 processing projects tons or more of produets per I year 122 Projects to process aquatic by-products Design capacity of I,COO tons or more of products per year 123 Projects to process fish meal Design capacity of tOClO tons or more of products per I V{'.;JT 124 Aquaculture projects (intensive/semi-intensive Water surface area of 10 ha farming) or more 125 Extensive aquaculture projects Water surface area of50ha or more 126 Projects on aquaculture on sand All 127 Larue-scale cattle raisins nroiects 1,000 cattle heads or l'I'tore 128 Large-scale poultry raising projects 20,CXXl poultry heads or more; 200 or rrore for ostriches; 100,000 or rrore for auails Group at chemical fertilizer and plant protection drug projects 129 Projects to produce chemical fertilizers Design capacity of 2,000 tons or more of products per yw © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue no10lFebruary 2008 (Gang Bdo noo 163-1641March 612008) 130 Projects on warehouses of chemicals and plant Storage capacity of 2 tons Or I nrorectton nnw" mort' 131 Proiects to oroduce nlanr nrotecrion drues All 132 Projects to bottle and pack plant protection drugs Designcapacity of 1,(XX) tons ormore ofproducts per year 133 Projects to produce organic fertilizers and micro- Designcapacityof 1,(()() tons fertilizers or more of products pee year Group fJfchemical, pharmaceutical and cosmetic projects 134 Projects to produce pharmaceuticals Design capacity of 50 tons or more of products per year 135 Proiects to oroduce vaccines All 136 Projects to produce veterinary medicines Design capacity of 50 tons or more of products per year 131 Projects to produce cosmetics Design capacity of 50 tons or more of products per year 138 Projects to produce plastics and plastic products Design capacity of 500 tons or more of products per year 139 Projects to produce plasttc packages Design capacity of 2 million or more products per year 140 Projects to produce paints and base chemicals Design capacity of 500 tons or more of products per year 141 Projects to produce detergents and additives Design capacity of 1,000 tons or IIlOCe of products per year 142 Projects to produce projectile power, explosives All and fire equipment 143 Proiects to produce industrial explosives All 144 Salt nroduction projects Covering 100 ha or more Group ef'paper and stationery production projects 145 Projects to produce pulp and paper (from raw Design capacity of 1,000 materials) tons or more of products per I year 146 Projects to produce paper from pulp and Design capacity of 5,000 recycling tons or more of products per yoac 147 Projects to produce stationery Design capacity of 1,000 tons or more of products per L- year © VIETNAM LAW & LEGAL FORUM Issue no1OlFebruarv 2008 (C6ng Bao nos 16J-1641MarcfJ 6, 2(08) OFFICIAL GAZETTE Group of d veing textile and garment projects 148 Projects on dyeing textiles All 149 Projects on non-dyeing textiles Capacity of 10 million m or more of fabric per year 150 Projects to produce and process garment Design capacity of 50,000 or products involving laundering and bleaching more products per year 151 Projects on production and processing of Design capacity of 2 million garment products without laundering and or more products pct~ bleaching 152 Industrial laundering projects Design capacity of~.oooor - . more products per y~ 153 Projects to produce silk and artificial yarn Design capacity of l,fi) taos or more of products .year Group of other projects 154 Projects on rubber latex. processing plants Design capacity of 5,(Jl) tOO5 or more of products pt'JI' year 155 Projects on rubber processing plants Design capacity of 1,OCO tons or more or products ear 156 Projects to manufacture footwear Design capacity of 1 Ktillion or more of products twIf year 157 projects on to manufacture car and tractor tires Design capacity of~~DOO or and tubes more of products pet Sear for cars and tractors; 100,900 or more products per year. for bicycles and motorcjeles 158 Projects to manufacture accumulators and Design capacity of sD.OOO batteries kWh per year or 100 rtlns or more of products Pet ~eac 159 Projects on leather tanning plants All 160 Projects to produce and extract liquefied CO2 Design capacity of l,QJO gas tons or more ofpro~ts per year 161 Projects to manufacture fire-fighting equipment All and products 162 Other projects on renovation, upgrade and Of a nature, size and capacity expansion equivalent to projects numbered 1 to 161, except for projects numbered 25 and 26 of this Appendix) © VIETNAM LAW & LEGAL FORUM