Chương IX Nghị định 19/2015/NĐ-CP: Điều khoản thi hành

Chapter IX

IMPLEMENTATION PROVISION

Article 55. Transitional provision

1. Dossiers which have been received by the competent state authorities for processing by the administrative procedures before the effective date of this Decree shall be processed in accordance with the regulations of law at the time of receipt.

2. Activities of environmental protection and the products from such activities of environmental protection entitled to the incentives and assistance under Decree No. 04/2009/ND-CP dated 14 January 2009 of the Government on incentives and assistance for activities of environmental protection shall continue to be entitled to the incentives and assistance during the remaining time; in case of being the subjects receiving the higher incentives and assistance as specified in this Decree, such subjects shall be entitled to the incentives and assistance specified in this Decree.

3. The provincial People’s Committee shall assess and approve the additional plan for environmental renovation and restoration or the plan for environmental renovation and restoration or the environmental renovation and restoration schemes that have been approved by the Department of Natural Resources and Environment and district People’s Committee before the effective date of this Decree.

4. Provincial People’s Committee shall certify the completion of plan or additional plan for environmental renovation and restoration of the environmental renovation and restoration project or environmental renovation and restoration scheme or additional environmental renovation and restoration project or additional environmental renovation and restoration scheme approved by district People’s Committee before the effective date of this Decree.

5. For the environmental renovation and restoration project or the additional environmental renovation and restoration project, the environmental renovation and restoration scheme or the environmental renovation and restoration scheme that have been approved before the effective date of this Decree shall not have prepare scheme or additional scheme as guided by this Decree.

6. The mining organizations and individuals that have made deposit before the effective date of Decision No. 71/2008/QD-TTg dated 29 May 2008 of the Prime Minister on making deposit for environmental renovation and restoration of the mineral extraction activities but the contents of environmental renovation and restoration scheme do not consist with those specified in the Law on environmental protection 2014 and this Decree must re-develop the environmental renovation and restoration scheme in accordance with the provisions of this Decree to be submitted to the competent authorities for approval before 31 December 2016.

Article 56. Effect

1. This Decree takes effect from 01 April 2015.

2. The following documents shall be invalided from the effective date of this Decree:

a) Decree No. 80/2006/ND-CP dated 09 August 2006 of the Government detailing and guiding the implementation of the Law on environmental protection;

b) Decree No. 21/2008/ND-CP dated 28 February 2008 of the Government on amending and supplementing a number of articles of Decree No. 80/2006/ND-CP dated 09 August 2006 detailing and guiding the implementation of the Law on environmental protection;

c) Decree No. 04/2009/ND-CP dated 14 January 2009 of the Government on incentives and assistance for environmental protection activities;

d) Decision No. 18/2013/QD-TTg dated 29 March 2013 of the Prime Minister on environmental renovation and restoration and making of deposit for environmental renovation and restoration for the mineral extraction activities.

Article 57. Responsibility for implementation

1. The Ministers, heads of ministerial-level agencies, heads of government agencies, Chairman of People's Committees of provinces and centrally-run cities are responsible for organizing the implementation of this Decree; reviewing the legal documents issued by themselves which are contrary to the provisions of the Law on Environmental Protection and this Decree for amendment and supplementation.

2. The Minister of Natural Resources and Environment shall take charge and coordinate with the ministers, heads of ministerial-level agencies, heads of government, chairman of the People's Committees of provinces and centrally-run cities in guiding and inspecting the implementation of this Decree; provide instructions on training, practice, communication and dissemination of laws on environmental protection.