Chương XIII Nghị định 08/2022/NĐ-CP : Điều khoản thi hành

Chapter XIII

IMPLEMENTATION CLAUSE

Article 167. Amendments to and abrogation of some legislative documents relating to environmental protection

1. Some Articles of the Government’s Decree No. 201/2013/ND-CP dated November 27, 2013 on are amended as follows:

a) Clause 8 of Article 2 is amended as follows:

“8. The funding for seeking opinions shall be covered by the investment project owner. Opinions of residential communities, organizations and individuals concerned about discharge of wastewater into water sources greatly affecting production activities and life of the people in localities shall be sought in accordance with regulations on consultation during environmental impact assessment specified in the LEP and this Decree”;

b) Article 15 is amended as follows:

“Article 15. Water resource licenses

1. Water resource licenses consist of groundwater exploration license; license for extraction and use of surface water; license for extraction and use of groundwater; license for extraction and use of seawater.

2. A water resource license primarily contains:

a) Name and address of the license holder;

b) Name and location of the work for groundwater exploration and extraction;

c) Sources of water explored and extracted;

d) Scale, capacity, flow rate and primary specifications of the work for groundwater exploration and extraction; purposes in the case of the license for extraction and use of water;

dd) Frequency and method of extraction and use of water;

e) Effective period of the license;

g) Specific requirements and conditions for exploration, extraction and use of water resources laid down by the licensing authority for the purpose of protecting water sources, legitimate rights and interests of other related organizations and individuals;

h) Rights and obligations of the license holder.”;

c) Clause 2 of Article 20 is amended as follows:

“2. Have a project or report suitable for the approved water resource planning or suitable for the water resources carrying capacity if the water resource planning is not available. The project or report shall be prepared by a suitably qualified organization or individual according to MONRE’s regulations; information and figures used to prepare the project or report must be adequate, explicit, accurate and truthful.

The plan for design of a work or work for extraction of water resources must be appropriate to the extraction scale and sources of water extracted and satisfy the requirements for protection of water resources.”;

d) Clause 4 of Article 23 is amended as follows:

“4. The contents specified in the license are not permitted to be adjusted:

a) Sources of water explored and used;

b) The water extracted and used in excess of 25% of the volume specified in the issued license;

If necessary to adjust any content specified in this clause, the license holder shall prepare a new application for license.”;

dd) The following phrases in Articles, clauses and points are replaced:

The phrase “khai thác, sử dụng tài nguyên nước, xả nước thải vào nguồn nước” (“extraction and use of water resources, discharge of wastewater into water sources”) in Article 1, Article titles and point e clause 3 Article 2, clause 1 Article 3, Article 16, clause 4 Article 18, point d clause 1 Article 19, Article 22, point b clause 2 Article 24, point b clause 1 Article 27, Article 35, Article 36, clause 4 Article 44 and clause 4 Article 45 is replaced with “khai thác, sử dụng tài nguyên nước” (“extraction and use of water resources”).

The phrase “khai thác, sử dụng nguồn nước liên tỉnh, xả nước thải vào nguồn nước liên tỉnh” (“extraction and use of sources of inter-provincial water, discharge of wastewater into sources of inter-provincial water”) point b clause 4 of Article 2 is replaced with “khai thác, sử dụng nguồn nước liên tỉnh” (“extraction and use of sources of inter-provincial water”).

The phrase “khai thác, sử dụng nước, xả nước thải” (“extraction and use of water, discharge of wastewater”) point dd clause 1 of Article 19 is replaced with “khai thác, sử dụng nước” (“extraction and use of water”);

e) The following Articles, clauses and points are abrogated: point d clause 1 of Article 2; point b clause 1 of Article 3; clause 3 of Article 16; clause 2 of Article 19; clause 3 of Article 20; point d clause 1 of Article 21; clause 3 of Article 23; points g ad h clause 1 of Article 28; Article 33;

g) Regulations on procedures for issuance, extension and adjustment of licenses to discharge wastewater into water sources specified in Articles 35 and 36 are abrogated.

2. Some Articles of the Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on are amended as follows:

a) Point a clause 1 of Article 16 is amended as follows:

“a) MONRE shall issue, re-issue, extend, adjust, suspend and revoke licenses for the activities specified in clause 1, clause 2, clause 3, clause 6, clause 9, clause 10 of Article 13 of this Decree within the safety perimeters of works under its management;”;

b) Clause 2 of Article 18 is amended as follows:

“2. The licensing authority shall decide to change the effective period of the license in case where safety of a hydraulic structure is threatened; activities conducted within safety perimeters of works affecting operation of the works.”;

c) Clauses 3 and 4 of Article 19 are amended as follows:

“3. Scope of operation to be licensed.

4. Scale, capacity and primary specifications of the activities to be licensed.”;

d) Clause 2 of Article 28 is amended as follows:

“2. Additional construction drawing or additional investment project in the case of applying for adjustment of license’s contents specified in clauses 1, 2, 3, 6 and 10 Article 13 of this Decree; ”;”;

dd) Clause 3 of Article 29 is amended as follows:

“3. Time limit for issuing an extended or adjusted license:

a) For the activities specified in clauses 1, 2, 3 and 10 Article 13 of this Decree:

Within 15 days from the receipt of a sufficient and valid application, the licensing authority shall appraise it. If the application is satisfactory, issue an extended or adjusted license; if the application is unsatisfactory, notify the reason for failure to issue the license.”;

e) The following Articles, clauses and points are abrogated: clause 5 of Article 3; clause 4 of Article 13; clause 2 of Article 15; point c clause 1 of Article 20; point b clause 2 of Article 21; Article 23; clause 2 of Article 37.

3. Some Articles of the Government’s Decree No. 23/2020/ND-CP dated February 24, 2020 are amended as follows:

a) Point a clause 2 of Article 21 is amended as follows:

“a) MONRE shall approve the implementation plans with respect to the projects whose environmental impact assessment reports are appraised and approved by the MONRE”;

b) Clause 5 of Article 33 is abrogated.

4. The Prime Minister’s Decision No. 16/2015/QD-TTg dated May 22, 2015 is abrogated.

5. The Government’s Decree No. 03/2015/ND-CP dated January 06, 2015 is abrogated.

6. The Government’s Decree No. 18/2015/ND-CP dated February 14, 2015 is abrogated.

7. The Government’s Decree No. 19/2015/ND-CP dated February 14, 2015 is abrogated.

8. The Government’s Decree No. 38/2015/ND-CP dated April 24, 2015 is abrogated.

9. The Government’s Decree No. 127/2014/ND-CP dated December 31, 2014 is abrogated.

10. The Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 is abrogated.

11. The Government’s Decree No. 54/2021/ND-CP dated May 21, 2021 is abrogated.

12. Some Articles of the Government’s Decree No. 82/2019/ND-CP dated November 12, 2019 are abrogated and amended as follows:

a) Clause 2 of Article 7 is amended as follows: “Satisfy the environmental protection requirements and be issued with the environmental license by MONRE”;

b) Clause 1; point a clause 2 of Article 16 are abrogated.

13. Article 4, Article 24 and clause 3 Article 45 of the Government’s Decree No. 80/2014/ND-CP dated August 06, 2014 are abrogated.

Article 168. Transitional clauses

1. Any application for issuance, extension or adjustment of the license to discharge wastewater into receiving body which is received before the effective date of this Decree shall continue to be processed under the Government’s Decree No. 201/2013/ND-CP dated November 27, 2013, except where an organization or individual applies for the environmental license as prescribed in this Decree.

If the organization or individual wishes to apply for issuance of the environmental license as prescribed in this Decree, the authority competent to issue the environmental license shall use the result already given during the process of considering the application for issuance, extension or adjustment of the license to discharge wastewater into receiving body of the competent authority to carry out appraisal and issue the environmental license as prescribed in this Decree. The organization or individual may claim a refund or offset the fee for appraisal of the project on discharge of wastewater into receiving body against the fee for appraisal and issuance of the environmental license payable as prescribed by law.

2. Any application for issuance, extension or adjustment of the license to discharge wastewater into receiving body received before the effective date of this Decree shall continue to be processed under the Government’s Decree No. 201/2013/ND-CP dated November 27, 2013, except where an organization or individual applies for the environmental license as prescribed in this Decree.

If the organization or individual wishes to apply for issuance of the environmental license as prescribed in this Decree, the authority competent to issue the environmental license shall use the result already given during the process of considering the application for issuance, extension or adjustment of the license to discharge wastewater into hydraulic structure of the competent authority to carry out appraisal and issue the environmental license as prescribed in this Decree. The organization or individual may claim a refund or offset the fee for appraisal of the project on discharge of wastewater into hydraulic structure against the fee for appraisal and issuance of the environmental license payable as prescribed by law.

3. Regarding an application for issuance or re-issuance of the certificate of completion of environmental protection work, certificate of eligibility for environmental protection during import of scrap as raw materials for production; application for issuance, re-issuance or adjustment of the license to treat hazardous waste which is received before the effective date of this Decree, the transitional clauses below shall be complied with:

a) If the organization or individual wishes to apply for issuance of the environmental license as prescribed in this Decree, the authority competent to receive the application shall use the result already given during the process of inspecting and assessing operation of the environmental protection work, satisfaction of the conditions for environmental protection during import of scrap as raw materials for production and satisfaction of the conditions for environmental protection during treatment of hazardous waste to carry out appraisal and issue the environmental license as prescribed in this Decree. The organization or individual may claim a refund or offset the paid fee against the fee for appraisal and issuance of the environmental license payable as prescribed by law;

b) If the organization or individual does not apply for issuance of the environmental license as prescribed in this Decree, the authority competent to receive the application shall continue to inspect, issue or re-issue the certificate of completion of environmental protection work or the certificate of eligibility for environmental protection during import of scrap as raw materials for production; issue, re-issue or adjust the license to treat hazardous waste as prescribed by law at the time of receipt.

4. Any application for issuance, extension or adjustment of the certificate of eligibility to provide environmental monitoring services which is received before the effective date of this Decree shall continue to be processed under the Government’s Decree No. 127/2014/ND-CP dated December 31, 2014.

5. Regarding an application for appraisal of strategic environmental assessment report (SEAR) which is received by a competent authority before the effective date of this Decree, the transitional clauses below shall be complied with:

a) If the strategy or planning is not specified in the Appendix I enclosed herewith or in point b of this clause, the authority receiving the application shall continue to appraise the SEAR in accordance with regulations of law in force at the time of receipt. The report on appraisal of SEAR shall serve as the basis for the competent authority to approve the strategy or planning in accordance with regulations of law in force at the time of receipt;

b) If the strategy or planning is specified in the Appendix I enclosed herewith or in point b of this clause and the authority assigned to formulate the strategy or planning has submitted a written request for implementation thereof under the LEP, within the time limit for appraising the SEAR in accordance with regulations of law in force at the time of receipt, the authority receiving the application shall issue a document containing its opinions on the contents of SEA of the strategy or planning to the authority presiding over appraising the planning or authority approving the strategy as prescribed in Article 26 of the LEP.

6. Regarding an application for appraisal and approval of scheme for environmental remediation and improvement during mineral mining which is before the effective date of this Decree, the transitional clauses below shall be complied with:

a) If the organization or individual wishes to apply for issuance of the environmental license as prescribed in this Decree, the authority competent to receive the application shall use the result already given during the process of appraising and approving the environmental remediation and improvement scheme to carry out appraisal and issue the environmental license as prescribed in this Decree. The organization or individual may claim a refund or offset the paid fee against the fee for appraisal and issuance of the environmental license payable as prescribed by law;

b) If the organization or individual does not apply for issuance of the environmental license as prescribed in this Decree, the authority competent to receive the application shall use continue to appraise and approve the environmental remediation and improvement scheme in accordance with regulations of law in force at the time of receipt; the decision to approve the environmental remediation and improvement scheme is equivalent to the decision to approve result of environmental remediation and improvement scheme appraisal as prescribed in this Decree.

7. Any application for environmental approval or registration of environmental protection plan which is received by the competent authority before the effective date of this Decree shall continue to be considered and processed under regulations of law in force at the time of receipt, except where an organization or individual applies for environmental approval or registration of environmental protection plan as prescribed in this Decree.

8. Regarding an investment project’s EIAR which has been submitted to the competent authority but has not yet been appraised or has been appraised and approved by the competent authority provided that it is corrected or added before the effective date of this Decree, the transitional clauses below shall be complied with:

a) If the investment project is not subject to EIA but is required to obtain the environmental license as prescribed in this Decree, the competent authority receiving the application shall continue to process it under regulations of law in force at the time of receipt, except for the case specified in point b of this clause. The organization or individual shall operate the environmental protection works according to the EIAR for which the appraisal result has been approved and prepared an application for issuance of environmental license as in the case specified in point a clause 2 Article 42 of the LEP;

b) If the investment project is not subject to EIA but is required to obtain the environmental license as prescribed in this Decree and the organization or individual wishes to apply for issuance of the environmental license as prescribed in this Decree, the competent authority receiving the application shall use the result already given during the process of appraising and the EIAR to carry out appraisal and issue the environmental license to the investment project as prescribed in this Decree. The organization or individual may claim a refund or offset the paid fee against the fee for appraisal and issuance of the environmental license payable as prescribed by law;

c) If the organization or individual fails to submit a new application for approval of EIAR appraisal result within 12 months from the date of notifying the appraisal result, the regulations set out in Article 34 of the LEP shall be complied with.

9. Any investment project group I specified in the Appendix III hereof for which the competent authority has carried out appraisal of the EIAR before the effective date of this Decree with the result showing that the report was passed without any correction or addition or the EIAR has been approved within 24 months before the effective date of this Decree, it is not subject to preliminary EIA.

10. The Ministry of Natural Resources and Environment and provincial People’s Committees shall supervise the wastewater discharge by organizations and individuals and their compliance with the license to discharge wastewater into receiving body issued before the effective date of this Circular until the expiry date of such license.

The Ministry of Natural Resources and Environment shall supervise the wastewater discharge by organizations and individuals and their compliance with the license to discharge wastewater into hydraulic structure with a wastewater flow of 3,000 m³ or more every 24 hours until the expiry date of such license; provincial People’s Committees shall supervise the wastewater discharge by organizations and individuals and their compliance with the license to discharge wastewater into hydraulic structure with a wastewater flow of less than 3,000 m³ or more every 24 hours until the expiry date of such license.

Organizations and individuals shall submit an annual report on their discharge of wastewater into receiving body in accordance with regulations of the license to discharge wastewater into receiving body or license to discharge wastewater into hydraulic structure to MONRE and Department of Natural Resources and Environment.

Within 90 days from the effective date of this Decree, the authority managing the license to discharge wastewater into hydraulic structure shall transfer the license to discharge wastewater into hydraulic structure to the competent authority for supervision of wastewater discharge by organizations and individuals as prescribed in this Decree.

11. Where a competent authority promulgates regulations on environmental zoning and carrying capacity of the receiving body, wastewater discharge zoning, wastewater discharge quotas, environmental technical regulations and other relevant regulations of law, every investment project and manufacturing establish owner shall continue to comply with the issued environmental license. The issuance, adjustment or re-issuance of the environmental license of the investment project or manufacturing establishment shall be carried out according to the roadmap prescribed by the competent authority upon promulgating the said regulations.

12. Where one of the component environmental license of a business, dedicated area for production, business operation and service provision or industrial cluster is expired, its owner shall prepare an application for issuance of the environmental license as prescribed in this Decree.

13. Regarding a craft village or traditional craft village which has been recognized by the provincial People’s Committee but failed to satisfy the requirements specified in clause 1 Article 56 of the LEP, within 36 months from the effective date of this Circular, the provincial People’s Committee shall revoke its certificate of recognition as prescribed in the Government’s Decree No. 52/2018/ND-CP dated April 12, 2018.

14. Any investment project that has gone through construction process but has not yet been put into operation (whether it is trial operation in case there are waste treatment works that have to undergo trial operation or official operation in case of no waste treatment works that have to undergo trial operation) or operating business which has not yet obtained the decision on approval of EIAR appraisal result or environmental license under regulations of law on environmental protection shall incur a penalty according to the Government's regulations on penalties for administrative violations against regulations on environmental protection. If the investment project or business is suitable for the planning, environmental zoning and carrying capacity of environment, the owner of the investment project or business shall comply with the following regulations:

a) For the investment project that is going through construction process and satisfies the environmental criteria equivalent to those applicable to a subject required to prepare an EIAR but is not specified in point b of this clause, the investment project owner shall prepare an EIAR for the investment project that involves review, renovation, upgrading or addition of environmental protection works or measures and submit it to a competent authority for approval of appraisal result as prescribed during the period of rectifying its violation according to the penalty imposition decision issued by the competent authority;

b) For the investment project that has not yet been put into operation going through construction process and satisfies the environmental criteria equivalent to those applicable to a subject required to prepare an EIAR but is not specified in point b of this clause, the investment project owner shall prepare an EIAR for the investment project that involves review, renovation, upgrading or addition of environmental protection works or measures and submit it to a competent authority for approval of appraisal result as prescribed during the period of rectifying its violation according to the penalty imposition decision issued by a competent person;

c) For the operating business that satisfies the environmental criteria equivalent to those applicable to a subject required to obtain the environmental license and prepare an EIAR but fails to have one of those documents, the business owner shall prepare an application for issuance of the environmental license for the investment project that involves review, renovation, upgrading or addition of environmental protection works or measures and submit it to a competent authority for approval of appraisal result as prescribed during the period of rectifying its violation according to the penalty imposition decision issued by a competent person as prescribed in clause 2 Article 28 of this Decree;

d) For the operating business that satisfies the environmental criteria equivalent to those applicable to a subject required to obtain the environmental license and not required to prepare an EIAR but fails to have the environmental license, the business owner shall prepare an application for issuance of the environmental license to the business and submit it to the authority competent to issue the environmental license during the period of rectifying its violation according to the penalty imposition decision issued by a competent person as prescribed in clause 3 Article 28 of this Decree, except for the case specified in point d clause 2 Article 42 of the LEP.

15. Any investment project that has gone through construction process but has not yet been put into operation and has not yet obtained the certificate of registration of the environmental protection plan or equivalent environmental documents under the LEP 2014, the following regulations shall be complied with:

a) For the investment project or business that satisfies the environmental criteria equivalent to those applicable to a subject required to obtain the environmental license, it shall incur a penalty according to the Government’s regulations on penalties for administrative violations against regulations on environmental protection. If the investment project or business is suitable for the planning, environmental zoning and environmental carrying capacity, the owner of the investment project or business shall prepare an application for issuance of the environmental license for the investment project that involves review, renovation, upgrading or addition of environmental protection works or measures and submit it to the authority competent to issue the environmental license during the period of rectifying its violation according to the penalty imposition decision issued by the competent person as prescribed in clause 2 Article 27 of this Decree;

b) For the investment project or business that satisfies the environmental criteria equivalent to those applicable to a subject required to carry out environmental registration, the owner of the investment project or business shall carry out environmental registration as prescribed in clause 6 Article 48 of the LEP.

16. Dedicated areas for production, business operation and service provision and industrial clusters sharing the same environmental protection infrastructure before the effective date of this Decree are entitled to continue to transfer and receive wastewater for treatment.

17. The planning whose planning tasks have been approved and the strategy that has been submitted to the competent authority before the effective date of this Decree shall continue to be appraised and approved as prescribed by law at the time of submitting the planning and strategy for appraisal.

18. Any organization or individual that directly imports scrap as raw materials for production and has been granted by MONRE a component environmental license being the certificate of eligibility for environmental protection during import of scrap as raw materials for production that has expired or remains effective for less than 12 months from the effective date of this Decree is entitled to extend the effective period of this component environmental license until December 31, 2022, except where the manufacturing establishment directly uses imported scrap of the organization or individual that has dissolved or went bankrupt or where the manufacturing establishment incurs a penalty for administrative violations against regulations on environmental protection but has yet to completely abide by the penalty imposition decision issued by the competent authority or has yet to completely rectify its violation as prescribed by law.

MONRE shall issue a written notification containing the list of organizations and individuals entitled to extend the effective period of the component environmental license specified in this clause which clearly states the extended effective period, type and weight of scrap permitted to be imported on the grounds that type of scrap imported as raw materials for production conforms to the component environmental license and the list of scrap permitted to be implored from abroad as raw materials for production is promulgated by the Prime Minister; the weight of scrap permitted to be imported as raw materials for production is determined according to the remaining months of the extended effective period of the issued component environmental license but not exceeding 12 months. The abovementioned written notification shall be sent to organizations and individuals; to the Department of Natural Resources and Environment of the area where the establishment directly using imported scrap is located and to the General Department of Customs for supervision purposes.

Every organization and individual entitled to extend the component environmental license as prescribed in this clause shall:

a) Ensure that their manufacturing establishment directly using imported scrap as raw materials for production satisfies the environmental protection requirements specified in Article 45 of this Decree;

b) obtain the environmental license as prescribed in this Decree after the extended effective period of the component environmental license.

19. Any organization or individual issued with the environmental license being the license to treat hazardous waste that has expired or remains effective for less than 12 months from the effective date of this Decree is entitled to extend the effective period of this component environmental license until December 31, 2022, except where their hazardous waste treatment service provider has dissolved or went bankrupt or where the provider incurs a penalty for violations against regulations of law on environmental protection but has yet to completely abide by the penalty imposition decision issued by the competent authority or has yet to completely rectify its violation as prescribed by law.

MONRE shall issue a written notification containing the list of organizations and individuals entitled to extend the effective period of the component environmental license specified in this clause which clearly states the extended effective period, codes and weight of hazardous waste permitted to be collected and treated on the grounds that the code of hazardous waste conforms to the component environmental license; the weight of hazardous waste is determined according to the remaining months but not exceeding 12 months during the period of extension of the issued component environmental license. The abovementioned written notification shall be sent to organizations and individuals; to the Department of Natural Resources and Environment of the hazardous waste treatment service provider is located for supervision purposes.

Every organization and individual) entitled to extend the component environmental license as prescribed in this clause shall:

a) ensure that their hazardous waste treatment service provider satisfies the environmental protection requirements specified in clause 3 Article 84 of this Decree;

b) fulfill the responsibilities specified in Article 85 of the LEP and this Decree;

c) obtain an environmental license as prescribed in this Decree after the extended effective period of the component environmental license.

Article 169. Implementation clause

1. This Decree comes into force from the day on which it is signed for promulgation.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities and organizations and individuals concerned are responsible for the implementation of this Decree./.