Chương III Luật Bảo vệ môi trường 2005: Đánh giá môi trường chiến lược, đánh giá tác động môi trường và cam kết bảo vệ môi trường

Chapter III

STRATEGIC ENVIRONMENT ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION COMMITMENTS

SECTION 1. STRATEGIC ENVIRONMENT ASSESSMENT

Article 14: Objects that are Subject to Strategic Environment Assessment Reporting

1.National socio-economic development strategies, planning and plans.

2.Sectoral development strategies, planning and plans of national scale.

3. Socio-economic development strategies, planning and plans of provinces and cities directly under the Central Government (hereinafter called “Provincial Level”) and regions.

4. Land-use planning; forest protection and development; other natural resource exploitation and use at least at inter-provincial and inter-regional levels.

5. Focal economic zone development planning.

6. Integrated river basin planning at inter-provincial level.

Article 15: Preparation of Strategic Environment Assessment Reports

1. Agencies that are assigned to formulate projects falling into the categories of projects stipulated in Article 14 of this Law shall have the responsibility to prepare strategic environment assessment reports.

2. The strategic environment assessment report constitutes an integral content of the project and must be prepared concurrently with the formulation of the project.

Article 16: Contents of Strategic Environment Assessment Reports

1. General description of project objectives, scales and characteristics relating to the environment;

2. General description of natural, socio-economic and environmental conditions relating to projects.

3. Prediction of adverse impacts which are likely to occur during the implementation of projects.

4. Provision of references on sources of statistics and data, and assessment methods.

5. Proposing overall directions and solutions to address environmental issues during the implementation of projects.

Article 17: Review of Strategic Environment Assessment Reports

1. The strategic environment assessment reports shall be reviewed by a review council established according to the provisions of Paragraph 7 of this Article.

2. Members of the review council of projects of national and inter-provincial scales shall comprise representatives from agencies that are responsible for project approval; representatives from relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees; qualified experts whose specific professions are appropriate to the contents and characteristics of specific projects; and representatives from other organizations and individuals decided by the competent agencies that are responsible for establishing the review council.

3. Members of the review council of provincial level projects shall comprise representatives from provincial level People’s Committees; specialized agencies of environmental protection and other relevant provincial departments; qualified experts whose specific professions are appropriate to the contents and characteristics of specific projects; and representatives from other organizations and individuals decided by the competent agencies that are responsible for establishing the review council.

4. A membership of the review council as stipulated in Paragraphs 2 and 3 of this Article must comprise at least, fifty percent of its members who are qualified in terms of their professional knowledge of environmental protection and of other relevant fields relating to the contents of projects. Those who directly participate in the preparation of strategic environment assessment reports shall not be eligible to the membership of the review council.

5. Organizations and individuals shall have the rights to submit their requests and recommendations on environmental protection to agencies that are responsible for establishing the review council, and agencies that are responsible for project approval; and the council and agencies responsible for project approval shall be responsible for considering these requests and recommendations before making their conclusions and decisions.

6. Results of the strategic environment assessment report review shall serve as basis for the approval of the projects.

7. Responsibilities for establishing the review council of strategic environment assessment reports shall be defined as follows:

a) The Ministry of Natural Resources and the Environment shall establish the review council of strategic environment assessment reports of projects that are subject to the approval of the National Assembly, the Government and the Prime Minister;

b) Line ministries, ministerial level agencies and Government bodies shall organize the review council of strategic environment assessment reports of projects that are subject to the approval within their competence;

c) Provincial level People’s Committees shall organize the review council of strategic environment assessment reports of the projects that are subject to the competence of their decision and that of the same level People’s Councils.

SECTION 2. ENVIRONMENTAL IMPACT ASSESSMENT

Article 18: Objects that are Subject to Preparation of Environmental Impact Assessment Reports

1. Proponents of following projects shall have the responsibility to prepare environmental impact assessment reports:

a) Projects of national importance;

b) Projects that use part of land of, or are likely to cause adverse impact to, natural reserves, national parks, historical-cultural relics, natural heritage and famed beauty spots that are designated;

c) Projects that are likely to impose risks of adverse impacts on water resources of river basins, coastal areas and protected ecosystem areas;

d) Projects on infrastructure development in economic areas, industrial parks, hi-tech parks, export- processing zones and craft village clusters;

e) Projects on new urban center and centered residential area development;

f) Projects on large-scale groundwater and other natural resources exploitation and use;

g) Other projects that may impose potential risks of adversely environmental impacts.

2. The Government shall specify a list of projects that are subject to the preparation of environmental impact assessment reports.

Article 19: Preparation of Environmental Impact Assessment Reports

1. Proponents of projects that fall under Article 18 of this Law shall have the responsibility to prepare and submit environmental impact assessment reports for approval by the competent State agencies.

2. The preparation of environmental impact assessment reports must be performed concurrently with the formulation of project feasibility study reports.

3. Project proponents may conduct themselves, or contract out the preparation of environmental impact assessment reports to consultancy service organizations, and shall be liable for statistics, data and results described in the environmental impact assessment reports

4. In cases of changes in project scales, contents, and implementation and completion schedules, project proponents shall have the responsibility to justify the changes to agencies responsible for project approval; in necessary case additional reports on environmental impact assessment must be required.

5. Consultancy service organizations shall be eligible to the preparation of environmental impact assessment reports if they satisfy necessary terms and conditions of professionals, technical and physical resources.

Article 20: Contents of Environmental Impact Assessment Reports

1. Listing and detailed description of works and items of projects with information on spatial and temporal scales and construction workloads; and technologies that would be applied to operate each of works, items and projects as a whole.

2. General assessment of the current state of the environment at project sites and in the vicinity of sites; of the sensitivity and carrying capacity of local environments.

3. Comprehensive assessment of potential environmental impacts that are likely to be caused during the implementation of projects, and of environmental components and socio-economic factors that are likely to be directly affected by projects; and prediction of risks of environmental incidents that may be imposed by projects;

4. Specific measures for adversely environmental impact minimization; and environmental incident prevention and response.

5. Commitments to take environmental protection measures during the construction and operation of projects.

6. Lists of works and programmes on the management and monitoring of environmental issues during the implementation of projects.

7. Estimation of costs incurred in the construction of environmental protection works and/or facilities within the total estimated budget of projects.

8. Comments from the People’s Committees at communal, quarter and/or township level (hereinafter called “Communal Level”) and representatives from residential communities where the implementation of projects takes place; objections to the location of projects at localities or to proposed environmental protection solutions, must be included into the environmental impact assessment reports.

9. Provision of references on sources of statistics and data, and assessment methods.

Article 21: Review of Environmental Impact Assessment Reports

1. The review of environmental impact assessment reports shall be performed by a review council or a review service organization.

The Ministry of Natural Resources and the Environment shall specify terms of, and provide guidance for implementing the review of environmental impact assessment reports by the review service organization.

2. Members of the review council for projects that fall under Items (a) and (b), Paragraph 7 of this Article, shall comprise representatives from agencies that are responsible for project approval and their environmental protection agencies; environmental protection agencies at provincial level where projects are implemented; qualified experts whose specific professions are appropriate to the contents and characteristics of specific projects; and representatives from other organizations and individuals decided by the competent agencies that are responsible for establishing the review council.

3. Members of the review council for projects that fall under Item (c), Paragraph 7 of this Article shall comprise representatives from the provincial level People’s Committees; provincial environmental protection agencies and relevant provincial line departments; qualified experts whose specific professions are appropriate to the contents and characteristics of specific projects; and representatives from other organizations and individuals decided by the competent agencies that are responsible for establishing the review council.

In necessary case, the provincial level People’s Committees may invite representatives from the Ministry of Natural Resources and the Environment, other relevant ministries, ministerial level agencies and Government bodies to represent as members at the review council.

4. A membership of the review council as stipulated in Paragraphs 2 and 3 of this Article must comprise at least fifty percents of their members who are qualified in terms of professional knowledge of environmental protection and of other relevant fields relating

to the contents of projects. Those who directly participate in the preparation of environment assessment reports shall not be eligible to the membership of the review councils.

5. Review service organizations shall be eligible to take part in the review according to decisions made by agencies that are responsible for the project approval, and must be liable for their comments and conclusions made on the review.

6. Organizations, residential communities and individuals shall have the rights to submit their requests and recommendations on environmental protection to agencies responsible for establishing the review council as stipulated in Paragraph 7 of this Article; and agencies that are responsible for the review shall have the responsibility to consider these requests and recommendations before making their conclsions and decisions.

7. Responsibilities for establishing the review council of environmental impact assessment reports shall be defined as follows:

a) The Ministry of Natural Resources and the Environment shall have the responsibility to establish the council or organize the selection of review service organizations to review environmental assessment reports of the projects that are subject to the approval of the National Assembly, the Government and the Prime Minister; and other inter-sector and inter-provincial projects ;

b) Ministries, ministerial level agencies and Government bodies shall have the responsibility to establish the council or organize the selection of review service organizations to review environmental impact assessment reports of the projects within their competence of decisions and approvals, except inter-sector and inter- provincial projects;

c) Provincial level People’s Committees shall have the responsibility to establish the council or organize the selection of review service organizations to review environmental impact assessment reports of the projects that take place within their territories and subject to their competence of decision and approval and that of the People’s Councils of the same level.

Article 22: Approval of Environmental Impact Assessment Reports

1. The agencies that are responsible for establishing the review council of environmental impact assessment reports shall have the responsibility to approve the environmental impact assessment reports upon the review.

2. The agencies that are responsible for the approval of the environmental impact assessment reports shall have the responsibility to examine any of relevant complaints and recommendations submitted by project proponents and concerned residential communities, organizations and individuals before making the approval.

3. Within a maximum period of 15 working days from the date of receipt of environmental impact assessment reports revised to comply with requirements set forth in conclusions made by the review council and review service organizations, Heads of the agencies stipulated in Paragraph 1 of this Article, must consider and make decisions on the approval of environmental impact assessment reports; and if rejected, must reply, in writing, to project proponents in which reasons of the rejection are clearly stated.

4. Projects that fall under Article 18 of this Law, of which their investments, constructions and operations shall be only approved and licensed when their environmental impact assessment reports are approved.

Article 23: Responsibilities for Implementing Environmental Impact Assessment Report Contents, and Inspecting their Performance

1. Project proponents shall have the responsibility to:

a) Report to the People’s Committee at local level where the implementation of projects takes place, contents of the approval of environmental impact assessment reports;

b) Post up at project sites the categories of wastes, their treatment technologies, waste parameters and standards and, measures to protect the environment so that the local residential communities can know, check and monitor.

c) Properly and adequately perform contents of environmental protection described in the approved environmental impact assessment reports and comply with requirements set forth in the decision on the approval of the environmental impact assessment reports.

d) Notify agencies that are responsible for the approval of environmental impact assessment reports of the fulfillment of the contents and the requirements set forth in the decision on approving the environmental impact assessment reports for inspection and certification.

e) Put projects into operation only when the fulfillment of the requirements stipulated in Items (a), (b) and (c) of this Paragraph, are checked and certified by the competent agencies.

2. Agencies that are responsible for the approval of environmental impact assessment reports shall have the responsibility to:

a) Notify the People’s Committees at provincial level where the implementation of projects takes place, of the contents of the decision on approving environmental impact assessment reports; the provincial level People’s Committees shall notify the People’s

Committees at urban and rural district, township and provincial city levels (hereinafter called “ District Level) and communal levels, of the contents of the decision on environmental impact assessment reports approved by agencies, ministries, ministerial level agencies, or Government bodies.

b) Direct and organize the monitoring of the compliance with contents described in the approved environmental impact assessment reports.

SECTION 3. COMMITMENTS TO ENVIRONMENTAL PROTECTION

Article 24: Objects that are Subject to Environmental Protection Commitments

Household scaled production, business and service units and objects that are not falling into the categories as stipulated in Articles 14 and 18 of this Law, shall be subject to the commitment to environmental protection made in written form.

Article 25: Contents of Environmental Protection Commitments

1. Project sites.

2. Production, business and service categories and scales, and raw material and fuel consumptions.

3. Categories of wastes to be generated.

4. Commitments to undertake relevant waste reduction and treatment measures, and to the compliance with the provisions of the law on environmental protection.

Article 26: Registration of Environmental Protection Commitments

1. District level People’s Committees shall have the responsibility to organize the registration of the commitment to environmental protection, and may authorize the communal level People’s Committees to organize the registration, if necessary.

2. The deadline of the certification of environmental protection commitments shall not be exceeding five (5) working days from the date of receipt of eligible commitments to environmental protection.

3. Objects that fall under Article 24 of this Law shall only be allowed to operate their production, business and service units when the commitment to environmental protection has been registered.

Article 27: Responsibilities for Implementing Environmental Protection Commitments and Inspecting their Performance

1. Organizations and individuals made commitments to environmental protection shall have

the responsibility to implement properly and adequately contents described in the commitments to environmental protection.

2. District and communal level People’s Committees shall direct and organize the monitoring and inspection of the compliance with contents described in the commitments

to environmental protection.