Chương II Nghị định 18/2015/NĐ-CP: Quy hoạch bảo vệ môi trường

DECREE

ON ENVIRONMENTAL PROTECTION PLANNING, STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION PLANS

Pursuant to the Law on Government organization dated December 25;

Pursuant to the Law on Environment protection dated June 23, 2014;

At the request of the Minister of Natural Resources and Environment,

The Government issues a Decree on environmental protection assessment, strategic environmental assessment, environmental impact assessment and environmental protection plans

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree promulgates environmental protection planning (EPP), strategic environmental assessment (SEA), environmental impact assessment (EIA) and/or environmental protection plans of the Law on Environment protection.

Article 2. Regulated entities

This Decree shall apply to agencies, organizations, or individuals involved in EPP, SEA, EIA, and/or environmental protection plans in the territories of the Socialist Republic of Vietnam.

Chapter II

ENVIRONMENTAL PROTECTION PLANNING

Article 3. Formulation of EPP

1. The EPP shall be formulated in conformity with socio-economic development planning in the 2021 - 2030 period, oriented to 2040 including national EPP and provincial EPP.

2. The national EPP shall contain:

a) Development and objectives of management of forest environment, biodiversity conservation;

b) Practical condition of marine, island, or basin environment; objectives and solutions for conservation of natural resources and marine, island, or basin environment;

c) Practical condition of emissions and ambient air quality; objectives and solutions for the development activities with large emission sources;

d) Practical condition of soil degradation or pollution; objectives and solutions for prevention of soil degradation or pollution, restoration of polluted or degraded areas;

dd) Practical condition of water pollution; objectives and solutions for management of sewage and water environment protection;

e) Practical condition of collection, processing and objectives and solutions for management of domestic solid waste, industrial solid waste, hazardous waste;

g) Practical condition of monitoring networks and environmental monitoring; objectives and planning for monitoring networks and environmental monitoring;

h) Environmental zoning according to objectives of development, protection, conservation and responses to climate change;

i) Priority programs or projects for environment protection and environmental parameters;

k) Maps or diagrams of the planning areas;

l) Resources used for EPP; inspection and observation of implementation of EPP.

3. Provincial EPP shall be formulated in the form of separate reports or combined with the master planning for socio-economic development and contain following contents:

a) The provincial EPP in the form of separate reports must contain information as prescribed in Clause 2 of this Article and specific information about geographic location, natural environmental condition, economic - social characteristics of the local government where the planning is formulated;

b) The EPP in the form of combination with the provincial master planning for socio-economic development must contain the information prescribed in Clause 2 of this Article and additional information about geographic location, natural environmental condition, economic - social characteristics of the local government where the planning is formulated; the information about resources used for implementation of EPP, implementation and inspection, observation of implementation of EPP shall be combined with equivalent information of the planning for socio-economic development.

4. The Ministry of Natural Resources and Environment shall provide guidance on process of draft formulation and approval for EPP.

5. The agency in charge of formulation of EPP must study and acquire opinions of agencies or organizations; send the application for EPP assessment prescribed in Clause 1 Article 4 of this Decree to the competent agencies prescribed in Clause 2 Article 11 of the Law on Environment protection for assessment.

Article 4. Assessment of EPP

1. The assessment of EPP:

a) The national and provincial EPP in the form of separate reports shall be assessed by the EPP assessment council established by the Heads of the agency in charge of EPP assessment prescribed in Clause 2 Article 11 of the Law on environmental protection.

Members of the EPP assessment council shall consist of: 01 President, 01 Vice President where necessary, 02 Opponent members, 01 Secretary member and a number of members including representatives of the agencies at the same levels with the planning, Natural Resources and Environment; Industry and Trade; Construction; Agriculture and Rural Development; Transport; Culture, Sports and Tourisms; Planning and Investment and relevant fields;

b) The EPP in the form of combination with the general planning for socio-economic development: The People’s Committee of provinces and central-affiliated cities (hereinafter referred to as the People’s Committee of provinces) shall conduct the assessment concurrently with assessment of general planning for provincial socio-economic development.

2. Application for national and provincial EPP assessment in the form of separate reports:

a) The national EPP shall contain an application for EPP assessment filed by the agency in charge of the planning and a draft of national EPP;

b) The provincial EPP in the form of separate reports shall contain an application for EPP assessment filed by the agency in charge of the planning and a draft of provincial EPP in the form of separate reports;

3. The EPP assessment council must assess the content of EPP and give the assessment results; the operation of EPP assessment council shall comply with regulations of the Ministry of Natural Resources and Environment.

4. The agency in charge of EPP assessment shall follow procedures below to support the EPP assessment council:

a) Collect independent critical opinions from socio-political organizations, social organizations, socio-professional organizations and experts in the environmental field;

b) Hold meetings, seminars related to EPP.

5. The Ministry of Natural Resources and Environment shall provide guidance on forms of application for assessment; organization and operation of EPP assessment council; formulation and issuance of technical guidelines for EPP.

Article 5. Approval for national EPP

1. The agency in charge of formulation of national EPP shall complete the content of national EPP, and then send it to the Ministry of Natural Resources and Environment together with the written explanation for acquirement of assessment of suggestions.

2. The Ministry of Natural Resources and Environment shall file an application for national EPP approval, including:

a) A report on formulation and assessment of national EPP of the Minister of Natural Resources and Environment sent to the Prime Minister:

b) A draft of national EPP which is amended according to the research and acquirement of assessment and suggestions;

c) A draft of Approval for national EPP issued by the Prime Minister, which represents objectives of national EPP, priority programs or projects for environment protection, environmental parameters, resources, responsibility of the organization implementing and inspecting and observing the national EPP.

Article 6. Approval for provincial EPP

1. With regard to provincial EPP in the form of separate reports, an application for EPP approval shall include:

a) A report on formulation, assessment and acquirement of the agency in charge of provincial EPP sent to the People’s Committee of the province;

b) A draft of provincial EPP;

c) Assessment comments of the Ministry of Natural Resources and Environment on content of provincial EPP;

d) A draft of Approval for provincial EPP issued by the President of the People’s Committee of the province, which represent objectives of provincial EPP, priority programs or projects for environment protection, environmental parameters, resources, responsibility of the organization implementing and inspecting and observing the provincial EPP.

2. With regard to the provincial EPP in the combination with the general planning for socio-economic development, President of the People’s Committee of the province shall approve the content of EPP after receiving the assessment comments in writing on content of EPP of the Ministry of Natural Resources and Environment.

Article 7. Disclosure of EPP

1. The Ministry of Natural Resources and Environment shall send the Approval for national EPP to relevant Ministries or agencies and the People’s Committee of the provinces within 05 working days from the date of issue;

2. The People’s Committee of the province shall send the Approval for provincial EPP to relevant Services or agencies and the People’s Committee of the districts and the Ministry of Natural Resources and Environment within 05 working days from the date of issue;

3. The Ministry of Natural Resources and Environment shall post the Approval and major content of the national EPP on their website and other means within 30 working days from the date of issue.

4. The People’s Committee of the province shall post the Approval and major content of the provincial EPP on their website and other means within 30 working days from the date of issue.

Chapter III

STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 8. Implementation of SEA

1. The entities prescribed in Appendix I of this Decree must conduct SEA.

2. The agency formulating of strategies, planning, or plans (hereinafter referred to as formulating agency) prescribed in Clause 1 of this Article must:

a) Conduct themselves or hire an advisory organization to conduct SEA as prescribed in Article 14 and Article 15 of the Law on Environment protection;

b) Send an application for assessment of SEA report to the SEA report assessment authority (according to their competence in approval for strategies, planning, or plans) as prescribed in Clause 1 Article 16 of the Law on Environment protection.

3. The advisory organization conducting SEA shall take responsibility to the formulating agency and take legal responsibility for results of SEA, information, figures in their SEA report.

4. If the aforesaid strategies, planning, or plans are amended according to the approval of the SEA report assessment authority in order to avoid increase or considerable increase in negative impact on the environment, the agency in charge shall file an amended application and a written request to the Ministry of Natural Resources and Environment for consideration instead of the application for Assessment of SEA report.

5. The Ministry of Natural Resources and Environment shall provide guidance on forms of application for Assessment of SEA report; formulation and issuance of SEA technical guidelines.

Article 9. Requirements pertaining to SEA agencies

1. Any agency in charge of formulation of strategies, planning, or plans, or consultancy services when conducting SEA must meet all requirements below:

a) There are staff members in charge of SEA meeting requirements prescribed in Clause 2 of this Article;

b) There are laboratories, inspection and calibration devices eligible for performing measurement, sampling, processing and analysis of environmental samples serving the SEA; if there is not any laboratory with decent equipment for inspection and calibration, it is required to have a contract with a unit capable of carrying out inspection and calibration.

2. The staff members in charge of SEA must obtain at least Bachelor’s degrees and Certificate in SEA consultancy.

3. The Ministry of Natural Resources and Environment shall manage the training and issuance of Certificates in consultancy of SEA.

Article 10. Assessment of SEA reports

1. The assessment of SEA report shall be conducted by a SEA report assessment council established by the Heads of the SEA report assessment authority with at least 09 members.

Members of SEA report assessment council shall consist of President, 01 Vice President where necessary, 01 Secretary member, 02 Opponent members and other members, which at least 30 percent of the Assessment council members having at least 05 years' experience in the SEA.

2. The SEA report assessment council shall consider the content of SEA report and offer their opinions. The Ministry of Natural Resources and Environment shall provide guidance on operation of the SEA report assessment council

3. The SEA report assessment authority may:

a) Conduct a survey on areas or adjacent areas where the project is carried out;

b) Verify and evaluate information, data, analysis results, evaluation, or forecast in the SEA report;

c) Collect opinions of relevant socio-political organizations, social organizations, socio-professional organizations, or experts;

d) Hold thematic meetings between experts.

4. The SEA report assessment authority must conduct the assessment and send the results to the SEA report assessment applicant by the deadlines as follows:

a) Within 45 working days from the date on which the valid SEA report regarding entities prescribed in Section 1, 2, 3, 4, 5.1 and 6 Appendix I of this Decree;

b) Within 30 working days from the date on which the valid SEA reports on regarding entities prescribed in Section 5.2 Appendix I of this Decree.

Article 11. Results of assessment of SEA reports

1. The SEA report assessment authority shall send the results of assessment of SEA report to the approving authority within 15 working days from the receipt of the completed SEA, which is revised by the agency requesting the assessment according to the opinions offered by the assessment council.

2. The approving authority must comprehensively and objectively consider opinions or requests of the SEA report assessment authority.

3. The SEA results must contain assessment procedures, outcomes and shortcomings, suggestions of the agency in charge in order for the SEA report assessment authority to consider approving the strategies, planning or plans.

4. The approving authority shall consider approving the strategies, planning or plans according to SEA reports.

Chapter IV

ENVIRONMENTAL IMPACT ASSESSMENT

Article 12. Implementation of EIA

1. Entities required to conduct EIA are mentioned in Appendix II of this Decree.

2. The project owner of entities prescribed in Clause 1 of this Article shall conduct EIA himself or hire an advisory organization to conduct EIA as prescribed in Article 19 of the Law on Environment protection; and take legal responsibility for EIA results and information or figures used in the EIA report.

3. The advisory organization in charge of EIA shall take responsibility to the project owner and take legal responsibility for the EIA results and information or figures in the EIA report.

4. The project owner shall consult with the People’s Committee of communes, wards and towns (hereinafter referred to as communes) where the project is carried out, with organizations or community under the direct impact of the project; research and receive objective opinions and reasonable requests of relevant entities in order to minimize the negative effects of the project on the natural environment, biodiversity and community health.

5. The People’s Committee of the commune where the project is carried out and the organizations under direct impact of the project shall be consulted according to procedures below:

The project owner shall send EIA reports to the People’s Committee of the commune where the project is carried out and organizations under the direct impact of the project together with the written requests for opinions.

b) Within 15 working days, from the date on which the EIA reports are received, the People’s Committee of the commune and organizations under the direct impact of the project shall send their responses if they do not approve the project.

6. The consultation with the community under the direct impact of the project shall be carried out in the form of community meeting co-chaired by project owner and the People’s Committee of the commune where the project is carried out together with the participation of representatives of Vietnamese Fatherland Front of communes, socio-political organizations, socio-professional organizations, neighborhoods, villages convened by the People’s Committee of the commune. All opinions of delegates attending the meeting must be sufficiently and honestly stated in the meeting minutes.

7. The Ministry of Natural Resources and Environment shall provide guidance on forms of application for EIA report assessment; formulation and issuance of EIA technical guidance.

Article 13. Requirements pertaining to EIA agencies

1. The project owner or the advisory organization conducting EIA must meet all requirements below:

a) There are staff members in charge of EIA meeting requirements prescribed in Clause 2 of this Article;

b) There is specialist staff members related to the project obtaining at least Bachelor’s degrees;

c) There are laboratories, inspection and calibration devices eligible for performing measurement, sampling, processing and analysis of environmental samples serving the EIA of the project; if there is not any laboratory with decent equipment for inspection and calibration, it is required to have a contract with a unit capable of carrying out inspection and calibration.

2. The staff members in charge of EIA must obtain at least Bachelor’s degrees and Certificate in EIA consultancy.

3. The Ministry of Natural Resources and Environment shall manage the training and issuance of Certificates in consultancy of EIA.

Article 14. Assessment and approval for EIA reports

1. The competence of the EIA report assessment authorities:

a) The Ministry of Natural Resources and Environment shall assess and approve the EIA reports on projects prescribed in Appendix III of this Decree, except for projects subject to national defense and security secrets.

b) Ministries, ministerial agencies shall assess and approve the EIA reports on projects under their competence in approval for investment, except for projects in Appendix III of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security shall assess and approve EIA reports on projects subject to national defense and security secrets and projects under their competence in approval for investment, except for projects prescribed in Appendix III of this Decree;

d) The People’s Committee of the province shall assess and approve EIA reports on projects in the province, except for projects prescribed in Point a, b and c of this Clause.

2. Deadlines for assessment of EIA reports:

a) Within 45 working days from the date on which the satisfactory application is received regarding projects under assessment of the Ministry of Natural Resources and Environment;

b) Within 30 working days from the date on which the satisfactory application is received regarding projects not prescribed in Point a of this Clause;

c) By the deadlines prescribed in Point a, b of this Clause, the EIA report assessment authority must notify the project owner in writing of the results of assessment. The period in which the project owner completes the EIA report at the request of EIA report assessment authority shall not be included in the assessment period.

3. The assessment of EIA report shall be conducted by the EIA report assessment council established by the Heads of the EIA report assessment authority with at least 07 members.

Members of EIA report assessment council shall consist of 01 President, 01 Vice President where necessary, 01 Secretary member, 02 Opponent members and other members, which at least 30 percent of the Assessment council members having at least 06 years' experience in the EIA field.

4. The EIA report assessment council shall consider the content of EIA report and give their opinions in order for the EIA report assessment authority to consider approving the EIA report. The Ministry of Natural Resources and Environment shall provide guidance on operation of the EIA report assessment council.

5. The assessment of EIA report for prompt response to natural disasters or communicable diseases may be conducted by collecting opinions from relevant organizations or agencies, and skip the approval of EIA report assessment council.

6. The Ministry of Natural Resources and Environment shall guide the People’s Committee of the province to authorize the management board of industrial parks to assess the EIA report at the request of the People’s Committee of the province and evaluation of competence of every management board of industrial park; guidance on forms of relevant documents related to assessment or approval for EIA.

Article 15. Re-compilation of EIA reports

1. If a project whose EIA report is approved has one of following changes during their implementation, its EIA report shall be re-compiled:

a) There are changes prescribed in Point a and b Clause 1 of Article 20 of the Law on Environment protection;

b) Supplement the portfolios whose size and capacity are equivalent to entities prescribed in Appendix II of this Decree;

c) There are changes in size, capacity, technology or other changes that make the environmental protection works unable to solve new environmental problems;

d) At the request of the project owner.

2. The project owner may only apply changes prescribed in Point a, b, c and Clause 1 of this Article after the competent agency approves the re-compilation of EIA report.

3. The re-compilation of EIA report, re-assessment and re-approval for EIA report shall comply with regulations in Article 12, Article 13 and Article 14 of this Decree.

Article 16. Responsibility of project owners pertaining to the approved EIA reports

1. Adjust the investment project to ensure measures or environment protection works based on the approval for EIA report where necessary.

2. Make a plan for management of environment of project on the basis of program for management and observation of environment suggested in the EIA report and posted at the premises of the People’s Committee of the commune where the consultation is taken place when implementing EIA according to guidance of the Ministry of Natural Resources and Environment.

3. Strictly satisfy requirements prescribed in Article 26 and Article 27 of the Law on Environment protection.

4. Send plans for testing operation of waste treatment works serving the operation phase (every phase or the entire project) before conducting the testing operation to organizations where the consultation is taken place or EIA report-approving authority (hereinafter referred to as approving authority) for at least ten (10) working days. The testing operation shall last up to 06 months; the extension of testing operation period must be approved by the approving authority.

5. File, approve and implement the plan for hydroelectric reservoir cleaning before filling if the project has construction work of storage ponds or reservoirs; the reservoirs shall be filled after the approving authority carries out an inspection and grant a written approval.

6. With regard to cases prescribed in column 4 Appendix II of this Decree, the project owner must send a report on results of environment protection works serving the operation phase on the basis of approved EIA report and approval for amendment (if any) sent to the approving authority for verification and confirmation of finished project before putting the project into official operation. With regard to project of investment having multiple phases, the results of environment protection works serving the operation phase shall be reported according to every phase of the project.

7. Send a report on amendments and only implement amendments related to scope, scale, capacity, production technology, environment protection works and measures of projects after receiving the written approval issued by the approving authority.

Article 17. Inspection and confirmation of environment protection works serving the operation phase of projects

1. The inspection of environment protection works serving the operation phase of a project shall be carried out by an Inspectorate which is established by the Head of the approving authority or by their authorized agency.

2. Deadlines for issuance of confirmation of finished environment protection works:

a) Within 15 working days from the date on which the report on operation of environment protection works serving the operation phase of the project is received if it is not required to collect samples or analyze environmental parameters for verification;

b) Within 30 working days from the date on which the report on operation of environment protection works serving the operation phase of the project is received if it is required to collect samples or analyze environmental parameters for verification;

3. By the deadlines mentioned in Clause 2 of this Article, the approving authority or authorized agency must issue a confirmation of finished environment protection works serving the operation phase of the project; in case the application is rejected, they must provide explanation in writing.

4. The Ministry of Natural Resources and Environment shall provide guidance on reports on operation of environment protection works; organization and operation of the inspectorate; forms of documents on inspection or confirmation of finished environment protection works.

Chapter V

ENVIRONMENT PROTECTION PLANS

Article 18. Registration of environment protection plans

1. Entities required to register the environment protection plans:

a) New investment projects, project for extension of scope or capacity of business facilities other than entities prescribed in Appendix II of this Decree;

b) Plans for business investment, projects for extension of scope or capacity of business facilities other than entities prescribed in Clause 4 of this Article and not included in Appendix II of this Decree.

2. The project owner or facility owner of entities prescribed in Clause 1 of this Article shall register the environment protection plan at the competent agency prescribed in Clause 1 Article 19 of this Decree.

3. If the project or plan for business investment is located in the administrative divisions of two provinces or more, the environment protection plan shall be registered at the one of People’s Committees of the provinces at the request of the project owner or facility owner.

4. Entities prescribed in Appendix IV of this Decree are exempt from registration of environment protection plan.

Article 19. Approval for environment protection plans

1. Responsibility pertaining to approval for environment protection plans:

a) The environment protection authority of province shall approve the environment protection plans related to entities prescribed in Clause 1 Article 32 of the Law on Environment protection;

b) The People’s Committees of district shall approve environment protection plans related to entities prescribed in Clause 1 Article 18 of this Decree, except for entities prescribed in Point a of this Clause;

c) The People’s Committee of commune shall approve environment protection plans with household-scale authorized by the People’s Committees of district in writing;

d) Management boards of industrial parks, export-processing zones, or economic zones shall approve environment protection plans related to projects/plans for business investment in industrial parks, export-processing zones, or economic zones authorized by the competent agency.

2. Deadlines for approval for registration of environment protection plans shall comply with Clause 3 Article 32 of the Law on Environment protection.

3. The entities prescribed in Clause 1 Article 18 of this Decree shall be implemented after the competent agency approves the environment protection plan.

4. Responsibility of project owner, facility owner and regulatory agency after the environment protection plan is approved shall comply with Article 33 and Article 34 of the Law on Environment protection.

5. The Ministry of Natural Resources and Environment shall provide guidance on forms of application for registration of environment protection plans and the authorization of management boards of industrial parks, export-processing zones, or economic zones.

Chapter VI

IMPLEMENTATION

Article 20. Financial regime related to EPP, SEA, EIA, environment protection plan and environment protection projects

1. Expenditures on formulation, assessment and announcement of environment protection planning shall be allocated by environmental public funding or other capital resources (if any).

2. Financial regime related to SEA:

a) Expenditures on SEA included in funding for formulation of strategies, planning, or plans shall be allocated by the economic public funding or other capital resources (if any);

b) Expenditures on assessment of report on SEA shall be allocated by the environmental public funding.

3. Financial regime related to EIA:

a) Expenditures on EIA shall be allocated by the project-investment capital resources;

b) Expenditures on assessment of EIA report shall be allocated by the collection of fees for assessment of EIA report;

c) Expenditures on inspection of environment protection works serving operation phase of the project shall be allocated by the environmental public funding.

4. Financial regime related to formulation and approval for environment protection plans:

a) Expenditures on formulation of environment protection plans shall be allocated by the project-investment capital resources, plans for business;

b) Expenditures on the approval for environment protection plans shall be allocated by the environmental public funding.

5. Financial regime related to the formulation, assessment, approval and inspection of completion of specific environment protection projects; formulation and inspection of the implementation of simple environment protection project:

a) Expenditures on formulation of specific environment protection project and simple environment protection project shall be allocated by the capital resources from project owner or facility owner

b) The project owner or facility owner has not pay the charges for assessment of EIA report must pay the charges for assessment of specific environment protection project equivalent to the charges for aforesaid assessment to the agency in charge of assessment of specific environment protection strategy; collection, payment and management of charges for assessment of specific environment protection project shall comply with the charges for assessment of EIA report;

c) Expenditures on inspection of completion of environment protection project shall be allocated by the environmental public funding.

6. Responsibility for guidelines:

a) The Ministry of Finance shall take charge and cooperate with the Ministry of Natural Resources and Environment in guidelines for Clause 1, Clause 2, Point b and Point c Clause 3, Point b Clause 4, Point b and Point c Clause 5 of this Article;

b) The Ministry of Natural Resources and Environment shall take charge and cooperate with the Ministry of Planning and Investment in guidelines for Point a Clause 3 and Point a Clause 4 of this Article related to investment projects using government budget.

Article 21. Reporting

1. The People’s Committees of district shall send a report on registration and implementation of environment protection plans in the district of previous year to the People’s Committee of province before every January 1.

2. The People’s Committee of the province shall send a report on assessment of reports on SEA; assessment and approval for EIA report; registration and inspection of specific environment protection plans; inspection and approval for environment protection works in the province of the previous year to the Ministry of Natural Resources and Environment before every January 15.

3. Ministries, ministerial agencies shall send reports on assessment of reports on SEA; assessment and approval for EIA report; specific environment protection projects; inspection and approval for environment protection works of the previous year related to project under their management to the Ministry of Natural Resources and Environment before every January 16.

4. The Ministry of Natural Resources and Environment shall provide guidelines for content and forms of reports as prescribed in Clause 1, Clause 2 and Clause 3 of this Article.

Chapter VII

EFFECT

Article 22. Transitional provisions

1. The SEA, EIA reports, reports on results of environment protection works serving operation phase of the project; registration for commitment to environment protection; environment protection projects which are approved before the effective date of this Decree shall be processed as prescribed in regulations of law on the date on which they are received.

2. If the entities are put into operation without any approval for EIA report; or any certification of registration for commitment to environment protection as prescribed in regulations of law before the effective date of this Decree, one of two solutions to violations below must be carried out within 36 months from the effective date of this Decree:

a) Formulate specific environment protection project for facilities whose scope or characteristics are equivalent to entities subject to EIA report as prescribed in this Decree, then send it to the competent agency prescribed in Clause 1 Article 14 of this Decree for assessment and approval;

b) Formulate simple environment protection project for facilities whose scope or characteristics are equivalent to entities subject to commitment to environment protection as prescribed in Clause 1 Article 18 of this Decree, then send it to the competent agency prescribed in Clause 1 Article 19 of this Decree for registration.

3. The Ministry of Natural Resources and Environment shall provide guidelines for formulation, assessment, and approval of specific environment protection project and simple environment protection project.

Article 23. Effect

1. This Decree shall take effect from April 1, 2015.

2. The Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government on SEA, EIA, commitment to environment protection and the Decree No.35/2014/ND-CP dated April 29, 2014 of the Government on amendments to the Decree No. 29/2011/ND-CP shall be annulled from the effective date of this Decree.

Article 24. Implementation

1. The Ministry of Natural Resources and Environment shall provide guidelines for implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, The Presidents of the People’s Committees shall take responsibility for implementation of this Decree.

APPENDIX I

LIST OF ENTITIES SUBJECT TO STRATEGIC ENVIRONMENTAL ASSESSMENT
(Issued together with the Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government)

APPENDIX II

LIST OF ENTITIES SUBJECT TO ENVIRONMENTAL IMPACT ASSESSMENT
(Issued together with the Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government)

APPENDIX III

LIST OF PROJECTS UNDER ASSESSMENT AND APPROVAL FOR ENVIRONMENTAL IMPACT ASSESSMENT REPORTS OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
(Issued together with the Decree No.18/2015/ND-CP dated February 14, 2015 of the Government)

1. Projects under competence to decide of the National Assembly, the Government and the Prime Minister.

2. Projects that use land of national parks, wildlife sanctuary; projects that use at least 1 hectares of land of national historical-cultural monument; at least 5 hectares of land of world heritage sites or national scenic beauties; or at least 10 hectares of land of biosphere reserves.

3. Construction projects for nuclear power plants, nuclear fusion power plants, nuclear reactors; construction projects for at least 600 MW power plants; construction projects for hydroelectric power plants, irrigation works with a capacity of at least 100.000.000 m³ of water.

4. Construction projects for sea encroachment at least 20 hectares; project that use at least 20 hectares of protection forests or specialized forests, at least 100 hectares of natural forests; projects using at least 10 hectares of paddy land.

5. Construction projects for oil refineries; construction projects for establishments manufacturing chemicals, plant protection products, detergents, additives, chemical fertilizers or processing rubber at least 10,000 metric tons products per year; projects for cement plants with capacity of at least 1,200,000 metric tons of cement per year; projects for business rising radioactive waste; construction projects for battery plants with capacity of at least 300,000 kWh per year or 600 metric tons of products per year; construction projects for paper pulp mills with capacity of at least 25,000 tons of products per year; construction projects for oil, monosodium glutamate, sugar, milk processing plants with capacity of at least 50,000 metric tons of products per year; construction projects for beer or beverage plants with capacity of 30,000,000 liters of products per year; construction projects for alcohol or spirit breweries with capacity of 2,000,000 liters of products per year; construction projects for dye- weaving establishments with capacity of at least 100,000,000 m² of fabrics per year; construction projects for aquatic product processing with capacity of 5,000 metric tons of products per year.

6. Projects for oil extraction; projects for extraction of solid mineral, sand, gravel or leveling materials with capacity of at least 500,000 m³ of crude materials per year; projects for dredging of waterway, navigable channels, piers with capacity of at least 500,000 m³ per year or at least 10,000,000 m³ of dredged materials; projects for mineral extraction with mining area of at least 50 hectares or a weight of at least 10,000,000 m³ of mineral or earth and stone waste; projects for rare earth and radioactive mineral extraction exceeding the exemption under the provisions of the law on safety and radiation control; projects for sorting and enrichment of rare earth and radioactive minerals with capacity of at least 50,000 tons of products per year; projects for processing and refining of rare earth, ferrous metals and radioactive minerals with capacity of at least 100,000 tons of refined ores per year; projects for water or minerals under competence to decide of the Ministry of Natural Resources and Environment.

7. Construction projects for infrastructure of industrial parks, export-processing zones, hi-tech zones, industrial complexes, tourism, recreational, or urban areas with an area of at least 200 hectares; construction projects for ports or piers for at least 50,000 DWT ships; construction projects for refining of iron or steel with capacity of at least 200,000 products per year.

8. Construction projects for recycling and processing of ordinary solid waste with capacity of at least 250 metric tons per day and night; projects for recycling and processing of hazardous waste; construction projects for medical examination and treatment facilities with scope of at least 500 beds (except for those approved by the Ministry of Health); construction projects for concentrated sewage treatment systems with capacity of at least 5,000 m³ per day and night regarding industrial wastewater, or at least 50,000 m³ per day and night regarding domestic wastewater.

9. Projects for extension, upgrade, or capacity expansion of business facilities up to capacity equivalent to projects listed from Nos.1 thru No.8 of this Appendix.

10. Projects having at least one item in the projects listed from Nos.1 thru No.9 of this Appendix.

11. The projects listed in the Appendix II which are located in the administrative divisions of at least two provinces or on the territorial waters not identifiable under administrative management of the People’s Committee of the provinces or projects which are located in the administrative divisions of at least 2 countries./.

APPENDIX IV

LIST OF ENTITIES EXEMPT FROM REGISTRATION OF ENVIRONMENT PROTECTION PLANS
(Issued together with the Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government)

1. Training in human resources; consultancy activities; technology transfers; vocational training, training in technology or management skills; information provider; marketing, investment and trading promotion.

2. Production, presentation and release of television programs, production of films, videos and television programs; television operation; recording activities and music publishing.

3. Commercial services, mobile sales without any fixed sales location.

4. Commercial services, sale of domestic products or household articles.

5. Food and drink services whose restaurant area of under 200 m².

6. Repair and maintenance of appliances services within scope of individual or household.

7. Photocopy, internet, or video game services

8. Livestock, poultry and wild animal husbandry with breeding facilities of at least 50 m² in areas; aquaculture with the surface area of at least 5,000 m².

9. Farming on agricultural land, forestry land within scope of individual or households.

10. Testing cultivation of plant varieties with scope of under 1 hectare in area.

11. Construction of housing for individuals or households.

12. Construction of offices, hostels, hotel, tourist accommodations with scope of under 500 m² in floor area. 

Bài viết liên quan