Chapter XVI
IMPLEMENTATION CLAUSE
Article 169. Amendments to certain Laws relating to environmental protection
1. Certain Articles of the Law on Water Resources No. 17/2012/QH13 amended by the Law No. 08/2017/QH14 and Law No. 35/2018/QH14 are amended as follows:
a) Article 37 and Point d Clause 1 of Article 38 are annulled;
b) Clause 1 of Article 73 is amended as follows:
“1. The Ministry of Natural Resources and Environment and provincial People’s Committees shall issue, extend, adjust, suspend and revoke water resource licenses.
The issuance of the environmental license covering the discharge of wastewater to water sources shall comply with the law on environmental protection.”.
2. Point d Clause 1 of Article 44 and Article 58 of the Law on Irrigation No. 08/2017/QH14 amended by the Law No. 35/2018/QH14 and Law No. 59/2020/QH14 are annulled.
3. Certain Articles of the Law on Public Investment No. 39/2019/QH14 amended by the Law No. 64/2020/QH14 are amended as follows:
a) Point g Clause 2 of Article 30 is amended as follows:
“g) Preliminary analysis and assessment of social impacts; preliminary assessment of environmental impacts (if any) as prescribed by the law on environmental protection;”;
b) Clause 6 of Article 31 is amended as follows:
“6. Preliminarily analyzing and assessing social impacts; preliminarily assessing environmental impacts (if any) as prescribed by the law on environmental protection; preliminarily determining investment efficiency in socio-economic aspects;”.
4. Certain Points in Section IX - Fees pertaining to natural resources and environment in the Appendix 01 - List of fees and charges enclosed with the Law No. Fees and Charges No. 97/2015/QH13 amended by the Law No. 09/2017/QH14 and Law No. 23/2018/QH14 are annulled and amended as follows:
a) Point 1.4 is amended as follows:
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1.4
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Fees for appraisal of environmental impact assessment reports
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* Ministry of Finance with respect to the appraisal conducted by central government agencies;
* Provincial People’s Councils with respect to the appraisal conducted by local agencies.
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b) Point 1.6 is added after Point 1.5 as follows:
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1.6
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Fees for appraising applications for issuance, re-issuance and adjustment of environmental licenses
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* Ministry of Finance with respect to the appraisal conducted by central government agencies;
* Provincial People’s Councils with respect to the appraisal conducted by local agencies.
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c) Points 5.4 and 6.3 and Subsection 9 are annulled.
Article 170. Effect
1. This Law comes into force from January 01, 2022, except for the case in Clause 2 of this Article.
2. Clause 3 Article 29 of this Law comes into force from February 01, 2021.
3. The Law on Environmental Protection No. 55/2014/QH13 amended by the Law No. 35/2018/QH14, Law No. 39/2019/QH14 and Law No. 61/2020/QH14 shall cease to have effect from the effective date of this Law.
Article 171. Grandfather clauses
1. Sufficient and valid documents received by competent regulatory bodies to be processed according to administrative procedures concerning the environment before the effective date of this Law shall be processed in accordance with the law at the time of receipt, unless the organization or individual wishes to apply this Law.
2. The decisions to approve environmental impact assessment reports, preliminary environmental impact assessment reports, detailed environmental impact assessment reports, additional environmental impact assessment reports, re-prepared environmental impact assessment reports and detailed environmental protection projects, written confirmations of simple environmental protection projects, certificates of registration of satisfaction of environmental standards, environmental protection commitments and environmental protection plans which were promulgated by competent authorities before the effective date of this Law are equivalent to the decision to approve EIAR appraisal result upon considering issuing the environmental license.
3. The decisions to approve projects on deposit payment, environmental improvement and remediation; environmental improvement and remediation projects; environmental improvement and remediation schemes; additional environmental improvement and remediation schemes which were promulgated by competent authorities before the effective date of this Law are part of the approval decisions and written confirmations specified in Clause 2 of this Article with respect to mineral mining projects upon considering issuing the environmental license.
4. Environmental certificates and conformations which were promulgated by competent authorities before the effective date of this Law, except for the case in Point d Clause 2 Article 42 of this Law, may be used until their expiry.
5. Licenses to discharge wastewater into water sources and licenses to discharge wastewater into hydraulic structures issued in accordance with the Law on Water Resource and Law on Irrigation may be used until their expiry and constitute part of the environmental license specified in this Law. Holders of licenses to discharge wastewater into water sources and licenses to discharge wastewater into hydraulic structures are entitled to request a competent authority to issue the environmental license if their works and equipment for exhaust gas treatment and solid waste treatment have been completed as prescribed by this Law.
6. The Government shall elaborate this Article.
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