Chương II Luật bảo vệ môi trường 2014: Quy hoạch bảo vệ môi trường, đánh giá môi trường chiến lược, đánh giá tác động môi trường và kế hoạch bảo vệ môi trường

Chapter II

PLANNING FOR ENVIRONMENTAL PROTECTION, STRATEGIC ENVIRONMENT ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION PLAN

Section 1. PLANNING FOR ENVIRONMENTAL PROTECTION

Article 8. Principle, level and term of the planning for environmental protection

1. Planning for environmental protection must comply with the following principles:

a) Conform to the natural, socio-economic conditions; the general strategy and planning for the socio-economic development, and national defense and security maintenance; the national environment protection strategy with the aim of ensuring the sustainable development;

b) Ensure the conformity to the planning for land use; keep basic contents given in the planning for environmental protection consistent;

c) Ensure the conformity to principles of environmental protection as prescribed in Article 4 of this Law.

2. Planning for environmental protection shall include 02 levels such as the planning for environmental protection at the national and provincial level.

3. The planning period of environmental protection is 10 years with a vision to 20 years later.

Article 9. Basic contents of the planning for environmental protection

1. The national-level planning for environmental protection consists of the basic contents as follows:

a) Assessment on current environmental status, environmental management, prediction for trends towards environmental and climate changes;

b) Environmental zoning;

c) Biodiversity and forest conservation;

d) Environmental management of sea, islands and river basins;

dd) Waste management;

e) Environmental protection infrastructure; environmental monitoring system;

g) Planning maps representing contents prescribed at Points b, c, d, dd and e of this Clause;

h) Resources required for the implementation;

i) Implementation.

2. The provincial-level planning for environmental protection must align with the specific conditions that exist in each locality through a separate or integrated planning as per the general planning for the socio-economic development.

3. Details of this Article shall be regulated by the Government.

Article 10. Responsibility for preparing the planning for environmental protection

1. The Ministry of Natural Resources and Environment shall prepare the national-level planning for environmental protection.

2. People’s Committees of centrally-governed cities and provinces (hereinafter referred to as provincial People’s Committee) shall take charge of formulating processes or preparing the local planning for environmental protection.

Article 11. Consultation on, inspection and approval of the planning for environmental protection

1. Consultation on the preparation of the planning for environmental protection is regulated as follows:

a) The Ministry of Natural Resources and Environment shall consult with Ministries, regulatory agencies and provincial People’s Committees in writing and hold an official consultation with relevant regulatory agencies and organizations during the preparation of the national-level planning for environmental protection;

b) Provincial People’s Committees shall consult with departments, regulatory agencies and People’s Committees of a district, town or city (hereinafter referred to as district-level People's Committee) in writing and hold an official consultation with relevant regulatory agencies and organizations during the preparation of the provincial-level planning for environmental protection.

2. Inspection and approval of the planning for environmental protection shall be required as follows:

a) The Ministry of Natural Resources and Environment shall establish a Council for interdisciplinary inspection and prepare the national-level planning for environmental protection for submission to the Prime Minister with the intent to seeking the approval for that planning.

b) Provincial People’s Committee shall inspect and approve the report on the provincial-level planning for environmental protection after obtaining written advice from the Ministry of Natural Resources and Environment.

3. Details of this Article shall be regulated by the Government.

Article 12. Review and modification of the planning for environmental protection

1. The planning for environmental protection must be periodically rechecked, revised and assessed in terms of the developmental process of that planning in order to make any proper adjustment thereto for the purpose of enabling the planning to conform to the socio-economic development conditions in each period. Time span for the periodical review of the planning for environmental protection shall be within a period of 5 years that begins with the approval date.

2. Adjustment and revision to the planning for environmental protection shall be commenced whenever the strategy for socio-economic development, national defense and security maintenance at national level or provincial level is adjusted. Such efforts shall be made in accordance with regulations specified in Articles 8, 9, 10 and 11 enshrined in this Law and other legal instruments.

Section 2. STRATEGIC ENVIRONMENT ASSESSMENT

Article 13. Strategic environment assessment objects

1. Strategic environment assessment objects include:

a) General strategy and planning for socio-economic development of socio-economic regions, key economic regions, corridors and belts;

b) General planning for socio-economic development of centrally-governed cities and provinces and special administrative – economic units;

c) Strategy and planning for development of economic, processing and exporting, high technology, and industrial zones;

d) Strategy and planning for extraction and utilization of natural resources that require an inclusion of 02 or more provinces;

dd) Strategy, planning and proposal for industrial and sectoral development at the national, local and provincial level that can significantly affect the environment;

e) Adjustment to the strategy, planning and proposal for specified objects described at Points a, b, c, d and dd of this Clause.

2. List of strategic environment assessment objects shall be regulated by the Government.

Article 14. Carrying out the strategic environment assessment

1. The regulatory agencies tasked with the preparation of strategy, planning and proposal as stipulated in Clause 1 Article 13 of this Law shall assume their responsibility for preparing or hiring an advisory organization to prepare the report on strategic environment assessment.

2. The strategic environment assessment must be carried out simultaneously with the process for preparing the strategy, planning and proposal.

3. The final result of the strategic environment assessment must be checked and incorporated into the strategy, planning and proposal.

4. On the basis of carrying out the strategic environment assessment, the regulatory agencies tasked with the preparation of strategy, planning and proposal shall assume their responsibility for preparing the report on strategic environment assessment for submission to the competent authority for the inspection purpose.

Article 15. Main subject-matters of the report on strategic environment assessment

1. Necessity and legal grounds for the task of preparing the strategy, planning and proposal.

2. Method for carrying out the strategic environment assessment.

3. Summary of subject-matters included in the strategy, planning and proposal.

4. Natural and socio-economic environment of an area which is affected by the strategy, planning and proposal.

5. Assessment on the conformity of the strategy, planning and proposal to environmental protection viewpoints and objectives.

6. Assessment and prediction with reference to the positive and negative trend towards environmental issues to be provided in the case of implementing the strategy, planning and proposal.

7. Assessment and prediction with reference to the trend in climate change impacts in the course of implementing the strategy, planning and proposal.

8. Consultation to be required in the process of the strategic environment assessment.

9. Measures for sustaining the positive trends, controlling and mitigating negative trends towards environmental issues in the process of the strategy, planning and proposal.

10. Issues that need to be further researched in the process of implementing the strategy, planning, proposal, and recommended solutions.

Article 16. Verification of the report on strategic environment assessment

1. Responsibility for verifying the report on strategic environment assessment shall be specified as follows:

a) The Ministry of Natural Resources and Environment shall carry out the verification of the report on strategic environment assessment in respect of the strategy, planning and proposal decided by the National Assembly, Government and the Prime Minister;

b) Ministries and quasi-ministerial agencies shall arrange to verify the report on strategic environment assessment in respect of the strategy, planning and proposal within their jurisdiction;

c) Provincial People’s Committees shall verify the report on strategic environment assessment in respect of the strategy, planning and proposal within their authority to grant approval and within the jurisdiction of People’s Council at the same administrative level.

2. The verification of the report on strategic environment assessment must be performed by an inspection council established by the head or the person who takes over as a leader of the agency in charge of preparing the report on strategic environment assessment.

3. The agency in charge of verifying the report on strategic environment assessment shall arrange to inspect and assess the information given in the report on strategic environment assessment; conduct a poll to collect opinions from regulatory agencies, organizations and experts involved.

Article 17. Receiving the verification comments and reporting the conclusive result of verification of the report on the strategic environment assessment

1. The regulatory agencies in charge of developing the strategy, planning and proposal shall assume their responsibility for completing the report on strategic environment assessment and preparing a written draft of the strategy, planning and proposal on the basis of conducting proper researches and referring to responses from the inspection council.

2. The regulatory in charge of verifying the report on strategic environment assessment shall send a written report on the verification result to the competent authority to obtain the approval for the strategy, planning and proposal.

3. The conclusive result of verification of the report on strategic environment assessment shall serve as the ground for the approval of strategy, planning and proposal granted by the competent authority.

Section 3. ENVIRONMENTAL IMPACT ASSESSMENT

Article 18. Environmental impact assessment objects

1. Environmental impact assessment objects consist of:

a) Projects subject to the decision on investment intentions made by the National Assembly, Government and the Prime Minister;

b) Projects that use land parcels situated in wildlife sanctuaries, national parks, historical – cultural monuments, world heritage sites, biosphere reserves, scenic beauty areas that have been ranked;

c) Projects that can cause bad effects on the environment.

2. List of projects mentioned at Points b and c Clause 1 of this Article shall be regulated by the Government.

Article 19. Carrying out the environment impact assessment

1. Owners of projects regulated in Clause 1 Article 18 of this Law shall carry out, on his own, or hire an advisory organization to carry out the environmental impact assessment and take statutory responsibility for the conclusive result after carrying out such assessment.

2. The environment impact assessment must be performed in the preparatory stage of the project.

3. The conclusive result yielded after carrying out the environment impact assessment shall be expressed in the form of the report on environmental impact assessment.

4. Expenses incurred from the formulation and inspection of the report on environmental impact assessment, and included in total investment budget shall be covered by the project owner.

Article 20. Remaking the report on the environment impact assessment

1. Project owners must repeat the report on the environment impact assessment when:

a) The project is not executed within a period of 24 months as from the date on which the decision on approving the report on environmental impact assessment is made;

b) Project location has been changed as against the approved plan specified in the report on environmental impact assessment;

c) An increase in the size, capacity and technological changes can cause adverse impacts on the environment in comparison with the approved alternatives identified in the report on environmental impact assessment.

2. Details of Point c Clause 1 in this Article shall be regulated by the Government.

Article 21. Consultation to be required in the process of the strategic environment assessment

1. The consultation to be required in the process of environmental impact assessment is aimed at completing the report on environmental impact assessment, helps minimize the bad impacts on the environment and human beings and ensure the sustainable development of the project.

2. Project owners are obliged to consult with regulatory agencies, organizations and communities that are directly affected by the project.

3. Projects that do not require the consultation include:

a) Those in conformity with the planning for concentrated manufacturing, trading and service provision areas under the approval of the report on environmental impact assessment at the infrastructural construction stage for the project;

b) Those specified in the list of state secret projects.

Article 22. Main subject-matters of the report on environmental impact assessment

1. Origin of the project, project owners, and the competent authority's approval of the project; method of the environmental impact assessment.

2. Evaluation of technological choice, work items and any activity relating to the project which can cause bad effects on the environment.

3. Assessment of current status of natural and socio-economic environment carried out at areas where the project is located, adjacent areas and demonstration of the suitability of the selected project site.

4. Assessment and forecast of waste sources, and the impact of the project on the environment and community health.

5. Assessment, forecast and determination of measures for managing the risks of the project posed to the environment and community health.

6. Waste disposal measures.

7. Measures for minimizing the impact of the project on the environment and community health.

8. Consultation result.

9. Environmental management and supervision programs.

10. Budget estimate for the construction of environmental protection facilities and measures to be taken to minimize the environmental impact.

11. Alternatives to the application of measures for the environment protection.

Article 23. Authority to verify the report on environmental impact assessment

1. The Ministry of Natural Resources and Environment shall arrange to verify the report on environmental impact assessment in respect of the following projects:

a) Projects subject to the decision on investment intentions made by the National Assembly, Government and the Prime Minister;

b) Interdisciplinary or inter-provincial projects stipulated at Points b and c Clause 1 Article 18 in this Law, exclusive of those classified as the secret projects in the field of national defense and security;

c) Projects verified by the Government’s authorized entities.

2. Ministries and quasi-ministerial agencies shall inspect the report on environmental impact assessment in respect of projects that shall be permitted under their decision and approval, but are not specified in regulations mentioned at Points b and c Clause 1 of this Article.

3. The Ministry of National Defense and the Ministry of Public Security shall arrange to verify the report on environmental impact assessment in respect of projects that shall be permitted under their decision and approval, and those classified as the secret projects in the field of national defense and security.

4. Provincial People’s Committees shall arrange to verify the report on environmental impact assessment in respect of investment projects within their territories that are not regulated at Clause 1, 2 and 3 of this Article.

Article 24. Verification of the report on environmental impact assessment

1. The Head or the person who takes over as a leader of the agency in charge of the verification task shall arrange to carry out the verification of the report on environmental impact assessment by means of seeking the permission from the inspection council or obtaining advisory opinions from relevant agencies and organizations, and concurrently bear legal responsibility for their verification result.

2. Members of the inspection council and entities that are requested to contribute their advisory opinions shall be legally responsible for such of their opinions.

3. When necessary, the agency in charge of verification shall arrange to conduct a poll to obtain the critical opinions from other institutions, organizations and experts in relation to the verification of the report on environmental impact assessment.

4. Within a verification period, where any adjustment or supplementation is required, the inspection agency is responsible to send a written notification thereof to the project owner.

Article 25. Approval of the report on the environmental impact assessment

1. Within a period of 20 days which begins with the date when the report on environmental impact assessment is received after being adjusted at the request of the verification agency, the head or the person who takes over as the leader of the inspection agency shall be responsible to approve the report on environmental impact assessment; if the report is rejected, the project owner must be notified in writing in which the reasons for such rejection must be clearly explained.

2. Decision on verifying the report on environmental impact assessment shall serve as the ground for the competent authority's following tasks:

a) Decision on the intention to invest in the projects specified in Article 18 of this Law must be granted if the project is required to obtain such decision in accordance with laws.

b) Issuing and revising the prospecting permit, mineral extraction permit in respect of the mineral exploration and extraction projects;

c) Approving the plan for prospecting or exploration, and the plan for mine development in respect of petroleum exploration and extraction;

d) Issue and revising the construction permit in respect of the projects on the development of works or structures that are required to obtain the construction permit before commencement;

dd) Issuing the investment certificate with reference to projects that are not regulated at Points a, b, c and d in this Clause.

Article 26. Responsibility assumed by the project owner after being granted the approval of their report on the environmental impact assessment

1. Comply with the requests specified in the approval of their report on environmental impact assessment.

2. Where any change in the project size, capacity and technology applied in the project execution is blamed for the bad impact on the environment in comparison with the alternatives given in the approved report on environmental impact assessment, but is not too serious to make another report as stipulated at Point c Clause 1 Article 20 pf this Law, the project owner must send their explanation to the agency who grants the approval of the report on environmental impact assessment, and the project shall be commenced only after obtaining the permission from such agency.

Article 27. Responsibility assumed by the project owner before bringing the project into operation.

1. Apply measures for the environmental protection under the decision on the approval of their report on environmental impact assessment.

2. Notify the agency who grants the approval of the report on environmental impact assessment of the developmental process of environmental protection works functioning as an ancillary part of major projects that can cause bad impacts on the environment in accordance with the Governmental regulations. These projects will be commenced only after the agency in charge of the approval of the report on environmental impact assessment has inspected and certified the completion of environmental protection works.

Article 28. Responsibility of the agency in charge of approving the report on the environmental impact assessment

1. Bear the statutory responsibility for their conclusive result and decision on the approval of the report on environmental impact assessment.

2. Within a period of 15 days as from the date on which the project owner’s report on the completion of environmental protection works under the regulations specified in Clause 2 Article 27 of this Law, the agency in charge of approving the report on environmental impact assessment must examine and issue the certificate of completion of environmental protection works. Where an analysis of complicated environmental criteria is required, the time span for the issuance of the certificate of completion of environmental protection works can be extended for less than 30 days.

Section 4. ENVIRONMENTAL PROTECTION PLAN

Article 29. Objects that require the formulation of environmental protection plan

1. Investment projects that are not identified as objects that require the environmental impact assessment.

2. Alternatives for the production, trading and services that are not identified as objects that require the formulation of investment projects in accordance with the law on investment.

3. Details of this Article shall be regulated by the Government.

Article 30. Subject-matters of the environmental protection plan

1. Project site.

2. Type, technology and scale of production, trading and service.

3. Required raw materials and fuels.

4. Forecast of wastes and any other substances affecting the environment.

5. Measures for disposing of wastes and mitigating the bad environmental impact.

6. Measures to be applied for the environment protection.

Article 31. Time of registration and certification of the environmental protection plan

Owners of projects, alternatives for production, trading and service provision as regulated in Article 29 of this Law must prepare the environmental protection plan for submission to competent authorities, according to regulations specified in Article 32 of this Law, for the purpose of consideration and certification before the project is commenced and alternatives for production, trading and service provision are put into operation.

Article 32. Responsibility for confirmation of the environmental protection plan

1. The environment protection agency affiliated to provincial People’s Committees must certify the environmental protection plan in respect of the following projects:

a) Those that shall be executed in more than 02 districts;

b) Those that shall be executed on polluted marine zones with waste substances to be shipped for the purpose of inland treatment in a province;

c) Those that are designed at a large scale and can cause bad impacts on the environment of a province in accordance with the Minister of Natural Resources and Environment.

2. District-level People’s Committee shall certify the environmental protection plan of projects and alternatives for production, trading and service provision within the vicinity of a specified district, except for those regulated in Clause 1 of this Article; district-level People’s Committee is entitled to authorize People’s Committee of a commune, ward or town (hereinafter referred to as communal People’s Committee) to certify the environmental protection plan for projects, alternatives for production, trading and service provision managed by family households within the territory of a specific commune.

3. Within a period of 10 days as from the receipt of the environmental protection plan, competent authorities stipulated in Clause 1 and 2 of this Article must certify the registration of the environmental protection plan; where the certification of registration of the environmental protection plan is refused, the competent authority must send a written notification in which the reasons for this refusal must be clearly stated.

Article 33. Responsibility assumed by the project owner and owner of manufacturing or business establishment upon completion of certification of the environmental protection plan

1. Measures to be applied for the environment protection according to the approved plan for environmental protection.

2. Where an environmental emergency occurs, all operations must be suspended, take remedial measures and promptly notify the communal or People’s Committee of a commune or district where the project is executed, or the environmental protection agency affiliated to the provincial People’s Committee as well as relevant competent agencies.

3. Cooperate with and provide all required information for governmental bodies in charge of State management of the environmental protection, which serve the purpose of examination and inspection.

4. Prepare another plan and repeat the registration of the plan for environmental protection for investment projects, alternatives for production, trading and service provision in the following cases:

a) Relocation;

b) Failure to put the approved plan for environmental protection into operation within a period of 24 months as from the date on which the approval is granted.

5. Where projects and alternatives for production, trading and service provision have been changed in respect of their size and characteristics so significantly that another report on the environmental impact assessment must be in place, owners of such manufacturing or business establishments must prepare the report on environmental impact assessment for submission to the competent authority for the purpose of verification and approval.

Article 34. Responsibility of the agency in charge of certifying the environmental protection plan

1. Examine the application of measures for the environment protection according to the approved environmental protection plan.

2. Receive and deal with environmental protection recommendations of project owners and owners of manufacturing or business establishments, individuals participating in the project and alternatives for production, trading and service provision.

3. Cooperate with project owners and owners of manufacturing or business establishments, and any relevant entity in settling environmental emergencies that take place during the implementation of projects and alternatives for production, trading and service provision.