Nghị định 21/2008/NĐ-CP sửa đổi Nghị định 80/2006/NĐ-CP Hướng dẫn Luật Bảo vệ môi trường

THE GOVERNMENT  -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 21/2008/ND-CP	Hanoi, February 28, 2008

 

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 80/2006/ND-CP DATED AUGUST 9, 2006, DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON ENVIRONMENTAL PROTECTION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;
At the proposal of Minister of Natural Resources and Environment;

DECREES:

Article 1.

- To amend and supplement a number of articles of the Government's Decree No. 80/2006/ND-CP dated August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 80/2006/ND-CP).

1. To amend and supplement Article 4 as follows:

Article 4.

- Transitional provisions, review and conversion of environmental standards into environmental technical regulations.

1. Environmental standards announced by the State for compulsory application shall be converted into environmental technical regulations as follows:

a/ Standards of surrounding environment quality shall be converted into technical regulations on surrounding environment quality;

b/ Standards of waste shall be converted into technical regulations on waste.

2. The Ministry of Natural Resources and Environment shall review and convert national standards of surrounding environment quality and national standards of waste promulgated before January 1, 2007, into national technical regulations on surrounding environmental quality and national technical regulations on waste.

3. The review and conversion of standards of surrounding environment quality and standards of waste into technical regulations on surrounding environment quality and technical regulations on waste shall be conducted in accordance with the current provisions of law on standards and technical regulations.

2. To amend and supplement Article 5 as follows:

Article 5.

- Responsibilities, order and procedures for formulation, promulgation and stipulation of application of environmental technical regulations.

1. The Ministry of Natural Resources and Environment shall formulate and promulgate national technical regulations on surrounding environment quality and national technical regulations on waste and stipulate roadmaps and coefficients for application of national technical regulations on waste for regions, areas and sectors.

2. Provincial-level People’s Committees shall formulate and promulgate local technical regulations on waste to suit their local characteristics.

Local technical regulations on waste must be stricter than national ones and be applied according to corresponding roadmaps and coefficients of regions, areas or sectors prescribed in decisions promulgating national technical regulations on waste.

3. The order and procedures for formulation, evaluation and promulgation of environmental technical regulations comply with the provisions of law on standards and technical regulations.

4. Organizations and individuals are obliged to observe technical regulations on surrounding environment quality and technical regulations on waste promulgated by competent state agencies.

3. To amend and supplement Clause l of Article 6 as follows:

"1. To replace the list of projects subject to making of environmental impact assessment reports included in Appendix I to Decree No. 80/2006/ND-CP with the list included in the Appendix to this Decree.

For projects subject to making of environmental impact assessment reports emerging outside the list included in the Appendix to this Decree, the Minister of Natural Resources and environment shall consider, decide and report them to the Prime Minister."

4. To add the following Article 6a:

Article 6a.

- Consultation of commune, ward or township People’s Committees and community representatives in the process of making environmental impact assessment reports.

1. Commune, ward or township Fatherland Front Committees (below referred to as commune-level Fatherland Front Committees) shall represent communities in contributing opinions in the process of making environmental impact assessment reports of investment projects in their localities.

2. The project owner shall send a document on the project's major investment items, environmental issues and environmental protection measures and request the commune-level People's Committee and Fatherland Front Committee of the place where the project is to be executed to give opinions.

3. Within fifteen (15) working days after receiving a written request for opinions, commune-level People's Committee and Fatherland Front Committee shall give their opinions in writing and make them public to local people.

Past this time limit, if they issue no written replies, the commune-level People's Committees and community representatives shall considered having agreed with the project owner.

4. Consultation of commune, ward or township People's Committees and representatives of communities in the process of making environmental impact assessment report is not required for the following projects:

a/ Investment projects located within industrial parks, export processing zones or hi-tech parks, if the projects on construction of infrastructure of these industrial parks, export processing zones or hi-tech parks have had their environmental impact assessment reports approved by competent state agencies.

If the environmental impact assessment reports of projects on construction of infrastructure of these industrial parks, export processing zones or hi-tech parks were approved after July l, 2006 inspection and certification by a competent state agency in charge of environmental protection of the strict implementation of the environmental protection contents of the approval decision and environmental impact assessment report is required.

b/ Projects in a sea area for which the administrative management responsibility of a commune People's Committee cannot be identified for consultation in the course of making environmental impact assessment reports;

c/ Investment projects in the domain of security or defense involving national secrets.

5. To amend and supplement Article 11 as follows:

Article 11.

- Appraisal and approval of environmental impact assessment reports

1. People's Committees of provinces and central run cities (below referred to as provincial level People's Committees) shall organize an appraisal council or authorize a specialized environmental protection agency of the same level to organize an appraisal council or select an appraisal service organization to appraise environmental impact assessment reports of investment projects in their localities, except for projects specified at Points a and b, Clause 7, Article 21 of the Law on Environmental Protection.

2. The time of submission of environmental impact assessment reports for appraisal and approval is prescribed below:

a/ Owners of investment projects on mineral exploitation shall submit environmental impact assessment reports for appraisal and approval before applying for mineral exploitation permits;

b/ Owners of investment projects on construction of works or involving construction items shall submit environmental impact assessment reports for appraisal and approval before applying for construction permits, except for projects specified at Point a of this Clause;

c/ Owners of investment projects not falling into categories specified at Points a and b, of this Clause shall submit environmental impact assessment reports for appraisal and approval before commencing their projects.

3. Appraisal councils or appraisal service organizations have the function of giving advice to assist competent agencies in examining and assessing the quality of environmental impact assessment reports serving as the basis for consideration and approval according to regulations.

4. When necessary, before the opening of official meetings of appraisal councils, agencies responsible for conducting the appraisal may carry out the following support activities:

a/ Survey of the project's execution site and adjacent areas;

b/ Taking samples for analysis and verification;

c/ Consulting the community in the place where the project is to be executed;

d/ Collecting comments of related experts outside the appraisal council, related scientific and technological institutions, social and professional organizations, and non-governmental organizations;

e/ Holding appraisal seminars.

5. The Ministry of Natural Resources and Environment shall issue regulations on the operation of appraisal councils and appraisal service organizations appraising environmental impact assessment reports.

6. To amend Point b, Clause 1 of Article 13 as follows:

"b/ The project is executed only after 24 months following the date of approval of its environmental impact assessment report.

In case of no change in design capacity, technology and surrounding environment, it is not required to make an additional environmental impact assessment report but a written explanation must be submitted to the approving agency.''

7. To amend and supplement Article 17 as follows:

Article 17.

- Registration and certification of written environmental protection commitments.

1. The time of registration and certification of written environmental protection commitments is specified as follows:

a/ Owners of investment projects on mineral exploitation shall register their written environmental protection commitments for certification before applying for mineral exploitation permits;

b/ Owners of investment projects on construction of works or involving construction items shall register their written environmental protection commitments for certification before applying for construction permits, except for projects specified at Point a of this Clause;

c/ Owners of investment projects not falling into categories specified at Points a and b, of this Clause shall register their written environmental protection commitments for certification before commencing their projects.

2. The registration of written environmental protection commitments for investment projects to be executed in two or more rural districts, urban districts, towns or provincial cities (below collectively referred to as districts) is prescribed as follows:

a/ Owners of investment projects shall register written environmental protection commitments with the People’s Committee of the district where the environment will be most negatively affected by the project;

In case a project will exert the same negative impact on a number of localities, the project owner may select one of these localities for registering written environmental protection commitments.

b/ The district-level People’s Committees with which project owners register written environmental protection commitments shall consult district-level People’s Committees of other concerned districts before certifying written environmental protection commitment and notify their certification to these localities.

3. Owners of projects on a sea area in which the administrative management responsibility of a district-level People’s Committee cannot not be identified shall register written environmental protection commitments with People's Committees of districts where they have registered for waste treatment and disposal.

For projects which do not generate any waste in a sea area for which the administrative management responsibility of a district-level People’s Committee cannot be identified, they are not required to register written environmental protection commitments.

4. The Ministry of Natural Resources and Environment shall guide the form and contents of certificates of written environment protection commitments.

8. To add the following Article 17a:

Article 17a.

- Appraisal and approval environmental impact assessment reports, certification of written environmental protection commitments of investment projects in economic zones, industrial parks, export processing zones and hi-tech parks.

1. State agencies competent to conduct appraisal and approval of environmental impact assessment reports and certify written environmental protection commitments may authorize management boards of economic zones to appraise and approve environmental impact assessment reports and certify written environmental protection commitments of projects in economic zones provided that these management boards have units or sections specialized in environmental protection.

2. State agencies competent to conduct appraisal and approval of environmental impact assessment reports and certify written environmental protection commitments may authorize management boards of industrial parks, export processing zones or hi-tech parks to appraise and approve environmental impact assessment reports and certify written environmental protection commitments of investment projects in these industrial parks, export processing zones or hi-tech parks when the following conditions are fully met:

a/ The management boards have units or sections specialized in environmental protection;

b/ Projects s on construction of infrastructure of these industrial parks, export processing zones or hi-tech parks have had their environmental impact assessment reports approved.

If the environmental impact assessment reports of projects on construction of infrastructure of industrial parks, export processing zones or hi-tech parks were approved after July 1, 2006, inspection and certification by a competent state agency in charge of environmental protection of the strict implementation of the environmental protection contents of the approval decision and environmental impact assessment report is required.

3. Authorized management boards of economic zones, industrial parks, export processing zones and hi-tech parks shall send reports on results of appraisal and approval of environmental impact assessment reports to provincial-level environmental protection agencies and results of certification of written environmental protection commitments to district-level environmental protection agencies of the localities where the economic zones, industrial parks, export processing zones or hi-tech park are located.

9. To add the following Article 17b:

Article 17b.

- Elaboration and approval of environmental protection schemes and examination and inspection of environmental protection work in consolidated production, business and service zones and production, business and service establishments having operated since before July 1, 2006, without decisions on approval of environmental impact assessment reports or certificates of registration of satisfaction of environmental standards.

1. Owners of consolidated production, business and service zones and owners of production, business and service establishments having operated since before July l, 2006, without decisions on approval of environmental impact assessment reports or certificates of registration of satisfaction of environmental standards, shall elaborate environmental protection schemes and submit them before June 30, 2008, to state agencies in charge of environmental protection specified in Clause 2 of this Article for approval or certification.

2. The responsibility to approve and certify environmental protection schemes and examine and inspect environmental protection work of owners specified in Clause l of this Article is prescribed as follows:

a/ Provincial-level environmental protection agencies shall approve and certify environmental protection schemes and examine and inspect environmental protection work of consolidated production, business and service zones and production, business and service establishments of a nature and size corresponding to those required to make environmental impact assessment reports;

The provincial-level environmental protection agency of the place most negatively affected by a consolidated production, business and service zone or a production, business and service establishment shall consult provincial-level environmental protection agencies of concerned localities before approving an environmental protection scheme, for consolidated production, business and service zones and production, business and service establishments located in two or more provinces and centrally run cities.

b/ District-level environmental protection agencies shall approve and certify environmental protection schemes and examine and inspect environmental protection work of consolidated production, business and service zones and production, business and service establishments in their localities, except for those mentioned at Point a of this Clause.

The district-level environmental protection agency of the place most negatively affected by a consolidated production, business and service zone or a production, business and service establishment shall consult district-level environmental protection agencies of concerned localities before approving an environmental protection scheme, for consolidated production, business and service zones and production, business and service establishments located in two or more rural districts, urban districts, towns and provincial cities.

3. An environmental protection scheme of a consolidated production, business and service zone or a production, business and service establishment of a nature and size corresponding to those required to make environmental impact assessment reports has the following principal details:

a/ General information on the size, characteristics and major activities of the consolidated production, business and service zone or production, business and service establishment related to the environment;

b/ An overview of related natural economic, social and environmental conditions;

c/ The current status of the environment in the area directly and negatively affected by the operation of the consolidated production, business and service zone or production, business and service establishment;

d/ Statistics on and assessments of sources negatively affecting the environment;

e/ Comprehensive solutions, environmental protection facilities and an implementation plan.

4. An environmental protection scheme of a consolidated production, business and service zone or a production, business and service establishment of a nature and size corresponding to those required to make environmental protection commitments has the following principal details:

a/ Statistics on and assessments of major waste sources;

b/ Solutions, environmental protection facilities and an implementation plan.

5. The Ministry of Natural Resources and Environment shall guide the elaboration and approval or certification of environmental protection schemes of those mentioned in Clause 1 of this Article.

10. To add the following Article 17c:

Article 17c.

- Management of dossiers, examination and inspection of environmental protection work of consolidated production, business and service zones and production, business service establishments which were granted certificates of registration of satisfaction of environmental standards before July 1, 2006.

1. Provincial-level environmental protection agencies shall manage dossiers of certification of registration of satisfaction of environmental standards and examine and inspect environmental protection work of consolidated production, business and service zones and production, business and service establishments of a nature and size corresponding to those required to make environmental impact assessment reports in their localities.

2. District-level People’s Committees shall manage dossiers of certification of registration of satisfaction of environmental standards and examine and inspect environmental protection work of consolidated production, business and service zones and production, business and service establishments other than those mentioned in clause 1 of this Article.

3. State management agencies in charge of environmental protection at all levels shall transfer dossiers of certification of registration of satisfaction of environmental standards of consolidated production, business and service zones and production, business and service establishments which they are keeping to agencies assigned to manage these dossiers under Clauses l and 2 of this Article before June 30, 2008.

11. To add the following Article 17d:

Article 17d.

- Provisions on environmental protection applicable to investment projects and consolidated production, business and service zones and

production, business and service establishments in the security and defense domain

1. Investment projects and consolidated production, business and service zones and production, business and service establishments in the security and defense domain must comply with environmental protection requirements and procedures in accordance with the law on environmental protection.

2. The Ministry of Public Security and the Ministry of Defense shall appraise and approve environmental impact assessment reports and certify written environmental protection commitments of investment projects and examine and inspect environmental protection work of consolidated production, business and service zones and production, business and service establishments in the security and defense domain.

12. To add the following Article 21a:

Article 21a.

- Provisions on discharge of waste in the sea

1. It is strictly prohibited to discharge hazardous wastes in the sea of the Socialist Republic of Vietnam.

2. It is prohibited to discharge wastes in the sea areas of nature conservation zones, natural heritage areas, areas with new natural eco-systems, and regular or seasonal reproduction grounds of marine and aquatic species.

3. Ordinary wastes of means of transport and offshore oil rigs which have been treated in accordance with technical regulations on wastes may be discharged in the sea, except sea areas specified in Clause 2 of this Article.

4. The discharge of wastes from the mainland which have been treated in accordance with law and wastes dredged from canals and fairways in the sea is subject to consent of provincial-level environmental protection agencies.

13. To amend and supplement Clause 3 of Article 22 as follows:

'' 3. The Ministry of Natural Resources and Environment shall guide the examination, evaluation and verification of waste treatment equipment and facilities before they are put into operation.''

14. To add the following Article 23a:

"The Ministry of Natural Resources and Environment shall guide the elaboration of environmental planning integrated into land use planning, socio-economic development planning and branch or domain development planning."

Article 2. - Implementation provisions

1. This Decree takes effect 15 days after its publication in ''CONG BAO.''

2. Dossiers received before the effective date of this Decree shall be processed under the provisions of Decree No. 80/2006/ND-CP.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People’s Committee shall have to implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung

 

APPENDIX

LIST OF PROJECTS SUBJECT TO MAKING OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
(Attached to the Government’s Decree No. 21/2008/ND-CP dated February 28, 2008)

Projects to build defense economic zones

 

Projects to build prisons and detention camps

 

Group of projects to manufacture construction materialsGroup of projects to manufacture construction materialsGroup of projects to manufacture construction materials

Cement production projects

 

Projects on grinding of clinker for cement production

 

Projects to produce bricks and roofing tiles

 

Projects to produce other construction materials

 

Group of traffic projectsGroup of traffic projectsGroup of traffic projects

500 m or more in length

All

50 km or more in length

100 km or more in length

50 km or more in length

All

500 m or more in length

200 m or more in length (excluding the length of access roads)

Requiring resettlement of 1,000 or more people

Accommodating vessels of 1,000 DWT or more

Accommodating fishing vessels with 100 arrivals or more per day

All

Covering 0.5 ha or more

Design capacity of 30,000 tons or more of products per year

Group of energy and radiation projectsGroup of energy and radiation projectsGroup of energy and radiation projects

Projects to build nuclear reactors

 

Projects to build production, business and service establishments using radioactive substances or discharging radioactive wastes

 

Atomic power or thermal nuclear projects

 

Thermo power projects

 

Wind power projects

 

Solar power projects

 

Hydropower projects

 

Projects to build high-voltage power lines

 

Projects to manufacture electric wires and cables

 

Group of electronic and telecommunications projectsGroup of electronic and telecommunications projectsGroup of electronic and telecommunications projects

Projects to build radio transmission and radio transmission-receipt stations

 

Projects to manufacture electric and electronic appliances

 

Projects to manufacture electric and electronic components

 

Projects to build telecommunications lines

 

Projects to manufacture telecommunications cables

 

Group of projects on irrigation, forest exploitation and forestationGroup of projects on irrigation, forest exploitation and forestationGroup of projects on irrigation, forest exploitation and forestation

Projects on reservoirs and irrigation lakes

 

Projects on irrigation works

 

Seaward expansion projects

 

River and sea embankment projects

 

Projects involving exploitation or conversion of use purposes of headwater protection forests, breakwater forests or special-purpose forests

 

Projects involving exploitation or conversion of use purposes of natural forests

 

Forestation and forest exploitation projects

 

Projects to build consolidated rubber, cassava, sugarcane, coffee, cocoa, tea and pepper growing areas

 

Projects to build consolidated vegetable and flower growing areas

 

Group of mineral exploitation projectsGroup of mineral exploitation projectsGroup of mineral exploitation projects

Projects to exploit minerals on the mainland for use as construction materials

 

Projects to exploit minerals for use and ground fill-up materials

 

Projects to exploit, dredge and salvage- exploit minerals in river beds for use as construction materials

 

Projects to exploit solid minerals (without using chemicals)

 

Projects to exploit and process solid minerals containing hazardous substances or involving use of chemicals

 

Projects to process solid minerals

- A volume of 500,000 tons or more of discharged earth and rock per year, for coal sorting

 

Projects to exploit groundwater

 

Projects to exploit natural mineral water (underground or on surface) for bottling

 

Projects to exploit natural mineral water (underground or on surface) for service purposes (bathing, medical treatment and other purposes)

 

Projects to exploit surface water

 

Group of oil and gas projectsGroup of oil and gas projectsGroup of oil and gas projects

Projects to exploit oil and gas

 

Projects on petrochemical refineries (except projects on LPG extraction and lubricant preparation)

 

Projects to produce petrochemical products (surfactants, plasticizers, methanol)

 

Projects to build oil and gas pipelines

 

Projects to build oil and gas entrepots

 

Projects to build oil and gas depot areas

 

Group of waste treatment projectsGroup of waste treatment projectsGroup of waste treatment projects

Projects on re-processing and treating ordinary solid wastes

 

Projects to build dumping sites for industrial and hazardous wastes

 

Projects to build dumping sites for garbage

 

Projects to build concentrated industrial wastewater treatment systems outside industrial parks, export-processing zones and hi-tech parks

 

Projects to build concentrated daily-life wastewater treatment systems

 

Projects on purchase and preliminary processing of scraps (including imported scraps)

 

Projects on vessel clean-up (all types of vessels)

 

Projects to dismantle old vessels (of all kinds)

 

Group of mechanical engineering and metallurgical projectsGroup of mechanical engineering and metallurgical projectsGroup of mechanical engineering and metallurgical projects

Ferrous and non-ferrous metallurgy projects

 

Steel rolling projects

 

Vessel building and repair projects

 

Projects to manufacture, repair and assemble locomotives and cars

 

Projects to manufacture, assemble and repair motorcycles

 

Projects on mechanical engineering and manufacture of machines and equipment

 

Projects on metal plating, coating and polishing

 

Projects to manufacture shaped aluminum

 

Projects to manufacture and repair weapons and military materials and technical equipment

 

Group of timber processing and glass, ceramic porcelain production projectsGroup of timber processing and glass, ceramic porcelain production projectsGroup of timber processing and glass, ceramic porcelain production projects

Timber processing projects

 

Plywood processing projects

 

Household woodwork manufacture projects

 

Projects to produce fine art articles

 

Projects to produce glass, ceramic and porcelain

 

Projects to produce sanitary porcelain

 

Projects to produce enameled tiles

 

Projects to produce bulbs and thermos flasks

 

Group of food processing and beverage projectsGroup of food processing and beverage projectsGroup of food processing and beverage projects

Food processing projects

 

Cattle and poultry slaughter projects

 

Frozen aquatic product processing projects

 

Sugar production projects

 

Alcohol and spirit production projects

 

Beer and beverage production projects

 

Monosodium glutamate production projects

 

Milk processing projects

 

Edible oil processing projects

 

Confectionery production projects

 

Ice production projects

 

Group of agricultural product processing projectsGroup of agricultural product processing projectsGroup of agricultural product processing projects

Cigarette production projects

 

Cigarette materials processing projects

 

Cereals processing projects

 

Rice grinding and processing projects

 

Manioc starch processing projects

 

Cashew nut processing projects

 

Tea processing projects

 

Coffee processing projects

 

Group of feed processing and cattle, poultry rearing and aquaculture projectsGroup of feed processing and cattle, poultry rearing and aquaculture projectsGroup of feed processing and cattle, poultry rearing and aquaculture projects

Cattle, poultry and aquatic animal feed processing projects

 

Projects to process aquatic by-products

 

Projects to process fish meal

 

Aquaculture projects (intensive/semi-intensive farming)

 

Extensive aquaculture projects

 

Projects on aquaculture on sand

 

Large-scale cattle raising projects

 

Large-scale poultry raising projects

 

Group of chemical fertilizer and plant protection drug projectsGroup of chemical fertilizer and plant protection drug projectsGroup of chemical fertilizer and plant protection drug projects

Projects to produce chemical fertilizers

 

Projects on warehouses of chemicals and plant protection drugs

 

Projects to produce plant protection drugs

 

Projects to bottle and pack plant protection drugs

 

Projects to produce organic fertilizers and micro-fertilizers

 

Group of chemical, pharmaceutical and cosmetic projectsGroup of chemical, pharmaceutical and cosmetic projectsGroup of chemical, pharmaceutical and cosmetic projects

Projects to produce pharmaceuticals

 

Projects to produce vaccines

 

Projects to produce veterinary medicines

 

Projects to produce cosmetics

 

Projects to produce plastics and plastic products

 

Projects to produce plastic packages

 

Projects to produce paints and base chemicals

 

Projects to produce detergents and additives

 

Projects to produce projectile power, explosives and fire equipment

 

Projects to produce industrial explosives

 

Salt production projects

 

Group of paper and stationery production projectsGroup of paper and stationery production projectsGroup of paper and stationery production projects

Projects to produce pulp and paper (from raw materials)

 

Projects to produce paper from pulp and recycling

 

Projects to produce stationery

 

Group of dyeing textile and garment projects

 

Projects on dyeing textiles

 

Projects on non-dyeing textiles

 

Projects to produce and process garment products involving laundering and bleaching

 

Projects on production and processing of garment products without laundering and bleaching

 

Industrial laundering projects

 

Projects to produce silk and artificial yarn

 

Group of other projects

 

Projects on rubber latex processing plants

 

Projects on rubber processing plants

 

Projects to manufacture footwear

 

Projects on to manufacture car and tractor tires and tubes

 

Projects to manufacture accumulators and batteries

 

Projects on leather tanning plants

 

Projects to produce and extract liquefied CO₂ gas

 

Projects to manufacture fire-fighting equipment and products

 

Other projects on renovation, upgrade and expansion

 

Ordinal number				Projects				Size
1				Important national projects and works in which investment guidelines are submitted to the National Assembly for decision under the National Assembly’s Resolution No. 66/2006/NQ11 dated June 29, 2006				All
2				Projects using part or the whole of land areas of nature conservation zones, national parks, historical-cultural relic areas, world heritages, biosphere reserves, and famous scenic places, ranked or not yet ranked, which are protected under decisions of provincial/municipal People’s Committees				All
3				Projects involving risks of directly and badly affecting water sources in river basins, coastal areas and areas having protected eco-systems				All
Group of construction projects
4				Projects to build infrastructures in urban centers or residential areas				Covering 50 ha or more
5				Projects to build infrastructures in industrial parks, hi-tech parks, industrial clusters, export-processing zones or trade village clusters				All
6				Projects to build supermarkets of markets				With 200 business places or more
7				Projects to build sports centers				Covering 10 ha or more
8				Projects to build hospitals				With 50 hospital beds or more
9				Projects to build hotels and rest homes				With 100 rooms or more
10				Projects to build tourist and entertainment resorts				Covering 10 ha or more
11				Projects to build tourist service establishments (infrastructure and physical foundations) in coastal areas and on islands				With a wastewater volume of 1,000 m3 or more per day and night
12				Projects to build golf courses				With 18 holes or more
13				Projects to build cemeteries (burial, incineration or other forms)				All
14				Projects to build underground works				All
15				Projects to build houses with basements				Basement of 10m or more deep
16				Projects to build combat works, military training centers, shooting grounds and defense ports				All
17				Projects to build military warehouses				All
18				Projects to build defense economic zones				All
19				Projects to build prisons and detention camps				All
Group of projects to manufacture construction materials
20
Cement production projects				Design capacity of 300,000 tons or more of cement per year
21				Projects on grinding of clinker for cement production				Design capacity of 1 million tons or more of cement per year
22				Projects to produce bricks and roofing tiles				Design capacity of 10 million ore more standard tiles and bricks per year
23				Projects to produce other construction materials				Design capacity of 10,000 tons ore more of products per year
Group of traffic projects
24
Projects to build underground traffic works (subways and tunnels)		500 m or more in length
25
Projects to build motorways, and roads of grades I to III		All
26
Projects to build, renovate and upgrade motorways, and roads of grades I to III		50 km or more in length
27
Projects to build grade-IV roads		100 km or more in length
28
Projects to build railways		50 km or more in length
29
Projects to build overhead railways		All
30
Projects to build telpher lines		500 m or more in length
31
Projects to build permanent road and railway bridges		200 m or more in length (excluding the length of access roads)
32
Projects to build traffic works		Requiring resettlement of 1,000 or more people
33
Projects to build river ports and seaports		Accommodating vessels of 1,000 DWT or more
34
Projects to build fishing wharves		Accommodating fishing vessels with 100 arrivals or more per day
35
Projects to build airports and airfields		All
36
Projects to build passenger car terminals		Covering 0.5 ha or more
37
Projects to produce hot asphalt concrete		Design capacity of 30,000 tons or more of products per year
Group of energy and radiation projects
38
Projects to build nuclear reactors				All
39				Projects to build production, business and service establishments using radioactive substances or discharging radioactive wastes				All
40				Atomic power or thermal nuclear projects				All
41				Thermo power projects				Design capacity of 30 MW or more
42				Wind power projects				Covering an area of 100 ha or more
43				Solar power projects				Covering an area of 100 ha or more
44				Hydropower projects				With a reservoir of a capacity of 300,000 m3 or more of water
45				Projects to build high-voltage power lines				100 km or more in length
46				Projects to manufacture electric wires and cables				Capacity of 2,000 tons or more of aluminum per year (or equivalent)
Group of electronic and telecommunications projects
47
Projects to build radio transmission and radio transmission-receipt stations				Design capacity of 2 kW or more
48				Projects to manufacture electric and electronic appliances				Design capacity of 10,000 or more appliances per year
49				Projects to manufacture electric and electronic components				Design capacity of 500 tons or more of products per year
50				Projects to build telecommunications lines				100 km or more in length
51				Projects to manufacture telecommunications cables				All
Group of projects on irrigation, forest exploitation and forestation
52
Projects on reservoirs and irrigation lakes				With a reservoir of a capacity of 300,000 m3 or more of water
53				Projects on irrigation works				Covering 200 ha or more
54				Seaward expansion projects				All
55				River and sea embankment projects				1,000 m or more in length
56				Projects involving exploitation or conversion of use purposes of headwater protection forests, breakwater forests or special-purpose forests				Covering 5 ha or more
57				Projects involving exploitation or conversion of use purposes of natural forests				Covering 20 ha or more
58				Forestation and forest exploitation projects				Forestation of 1,000 ha or more; exploitation of forests of 200 ha or more
59				Projects to build consolidated rubber, cassava, sugarcane, coffee, cocoa, tea and pepper growing areas				Covering 100 ha or more
60				Projects to build consolidated vegetable and flower growing areas				Covering 100 ha or more
Group of mineral exploitation projects
61
Projects to exploit minerals on the mainland for use as construction materials				Exploitation capacity of 50,000 m3 or more of materials per year
62				Projects to exploit minerals for use and ground fill-up materials				Exploitation capacity of 100,000 m3 of more of materials per year
63				Projects to exploit, dredge and salvage- exploit minerals in river beds for use as construction materials				Capacity of 50,000 m3 or more of materials per year
64				Projects to exploit solid minerals (without using chemicals)				A mined volume (including minerals and discharged earth and rock) of 100,000 m3 or more per year
65				Projects to exploit and process solid minerals containing hazardous substances or involving use of chemicals				All
66				Projects to process solid minerals				- Design capacity of 50,000 tons or more of products per year
67				Projects to exploit groundwater				Exploitation capacity of 10,000 m3 or more of water per day and night
68				Projects to exploit natural mineral water (underground or on surface) for bottling				Exploitation capacity of 120 m3 or more of water per day and night
69				Projects to exploit natural mineral water (underground or on surface) for service purposes (bathing, medical treatment and other purposes)				Exploitation capacity of 500 m3 or more of water per day and night
70				Projects to exploit surface water				Exploitation capacity of 50,000 m3 or more of water per day and night
Group of oil and gas projects
71
Projects to exploit oil and gas				All
72				Projects on petrochemical refineries (except projects on LPG extraction and lubricant preparation)				All
73				Projects to produce petrochemical products (surfactants, plasticizers, methanol)				All
74				Projects to build oil and gas pipelines				All
75				Projects to build oil and gas entrepots				Storage capacity of 1,000 m3 or more
76				Projects to build oil and gas depot areas				All
Group of waste treatment projects
77
Projects on re-processing and treating ordinary solid wastes				All
78				Projects to build dumping sites for industrial and hazardous wastes				All
79				Projects to build dumping sites for garbage				For 500 households or for use by people of a district or more
80				Projects to build concentrated industrial wastewater treatment systems outside industrial parks, export-processing zones and hi-tech parks				All
81				Projects to build concentrated daily-life wastewater treatment systems				Design capacity of 1,000 m3 or more of wastewater per day and night
82				Projects on purchase and preliminary processing of scraps (including imported scraps)				Design capacity of 3,000 tons/year`
83				Projects on vessel clean-up (all types of vessels)				All
84				Projects to dismantle old vessels (of all kinds)				All
Group of mechanical engineering and metallurgical projects
85
Ferrous and non-ferrous metallurgy projects				Design capacity of 3,000 tons or more of products per year
86				Steel rolling projects				Design capacity of 5,000 tons or more of products per year
87				Vessel building and repair projects				Vessels of 1,000 DWT or more
88				Projects to manufacture, repair and assemble locomotives and cars				Design capacity of 500 units or more per year
89				Projects to manufacture, assemble and repair motorcycles				Design capacity of 10,000 units or more per year
90				Projects on mechanical engineering and manufacture of machines and equipment				Design capacity of 1,000 tons or more of products per year
91				Projects on metal plating, coating and polishing				Design capacity of 1,000 tons or more of products per year
92				Projects to manufacture shaped aluminum				Design capacity of 2,000 tons or more of products per year
93				Projects to manufacture and repair weapons and military materials and technical equipment				All
Group of timber processing and glass, ceramic porcelain production projects
94
Timber processing projects				Design capacity of 5,000 m3 or more per year
95				Plywood processing projects				Design capacity of 100,000 m2 or more per year
96				Household woodwork manufacture projects				Design capacity of 10,000 or more products per year
97				Projects to produce fine art articles				Design capacity of 1 million or more products per year
98				Projects to produce glass, ceramic and porcelain				Design capacity of 1 million products or more per year
99				Projects to produce sanitary porcelain				Design capacity of 10,000 tons products or more per year
100				Projects to produce enameled tiles				Design capacity of 1 million m2 or more per year
101				Projects to produce bulbs and thermos flasks				Design capacity of 1 million or more products per year
Group of food processing and beverage projects
102
Food processing projects				Design capacity of 5,000 tons or more of products per year
103				Cattle and poultry slaughter projects				Design capacity of 1,000 cattle or 10,000 poultry or more per day
104				Frozen aquatic product processing projects				Design capacity of 1,000 tons or more of products per year
105				Sugar production projects				Design capacity of 20,000 tons or more of sugar per year
106				Alcohol and spirit production projects				Design capacity of 100,000 liters or more of products per year
107				Beer and beverage production projects				Design capacity of 500,000 liters or more of products per year
108				Monosodium glutamate production projects				Design capacity of 5,000 tons or more of products per year
109				Milk processing projects				Design capacity of 10,000 tons or more of products per year
110				Edible oil processing projects				Design capacity of 10,000 tons or more of products per year
111				Confectionery production projects				Design capacity of 5,000 tons or more of products per year
112				Ice production projects				Design capacity of 3,000 ice bars or more per day and night (for 50 kg bars) or 150,000 kg or more of ice water per day and night
Group of agricultural product processing projects
113
Cigarette production projects				Design capacity of 30,000 packs or more per year
114				Cigarette materials processing projects				Design capacity of 1,000 tons or more of products per year
115				Cereals processing projects				Design capacity of 10,000 tons or more of products per year
116				Rice grinding and processing projects				Design capacity of 20,000 tons or more of products per year
117				Manioc starch processing projects				Design capacity of 1,000 tons or more of products per year
118				Cashew nut processing projects				Design capacity of 10,000 tons or more of products per year
119				Tea processing projects				Design capacity of 10,000 tons or more of products per year
120				Coffee processing projects				Design capacity of 5,000 tons or more of products per year, for the wet processing method; 10,000 tons or more of products per year, for the dry processing method; 1,000 tons or more of products per year, for processing coffee powder and instant coffee
Group of feed processing and cattle, poultry rearing and aquaculture projects
121
Cattle, poultry and aquatic animal feed processing projects				Design capacity of 5,000 tons or more of products per year
122				Projects to process aquatic by-products				Design capacity of 1,000 tons or more of products per year
123				Projects to process fish meal				Design capacity of 1,000 tons or more of products per year
124				Aquaculture projects (intensive/semi-intensive farming)				Water surface area of 10 ha or more
125				Extensive aquaculture projects				Water surface area of 50 ha or more
126				Projects on aquaculture on sand				All
127				Large-scale cattle raising projects				1,000 cattle heads or more
128				Large-scale poultry raising projects				20,000 poultry heads or more; 200 or more for ostriches; 100,000 or more for quails
Group of chemical fertilizer and plant protection drug projects
129
Projects to produce chemical fertilizers				Design capacity of 2,000 tons or more of products per year
130				Projects on warehouses of chemicals and plant protection drugs				Storage capacity of 2 tons or more
131				Projects to produce plant protection drugs				All
132				Projects to bottle and pack plant protection drugs				Design capacity of 1,000 tons or more of products per year
133				Projects to produce organic fertilizers and micro-fertilizers				Design capacity of 1,000 tons or more of products per year
Group of chemical, pharmaceutical and cosmetic projects
134
Projects to produce pharmaceuticals				Design capacity of 50 tons or more of products per year
135				Projects to produce vaccines				All
136				Projects to produce veterinary medicines				Design capacity of 50 tons or more of products per year
137				Projects to produce cosmetics				Design capacity of 50 tons or more of products per year
138				Projects to produce plastics and plastic products				Design capacity of 500 tons or more of products per year
139				Projects to produce plastic packages				Design capacity of 2 million or more products per year
140				Projects to produce paints and base chemicals				Design capacity of 500 tons or more of products per year
141				Projects to produce detergents and additives				Design capacity of 1,000 tons or more of products per year
142				Projects to produce projectile power, explosives and fire equipment				All
143				Projects to produce industrial explosives				All
144				Salt production projects				Covering 100 ha or more
Group of paper and stationery production projects
145
Projects to produce pulp and paper (from raw materials)				Design capacity of 1,000 tons or more of products per year
146				Projects to produce paper from pulp and recycling				Design capacity of 5,000 tons or more of products per year
147				Projects to produce stationery				Design capacity of 1,000 tons or more of products per year
				Group of dyeing textile and garment projects
148				Projects on dyeing textiles				All
149				Projects on non-dyeing textiles				Capacity of 10 million m or more of fabric per year
150				Projects to produce and process garment products involving laundering and bleaching				Design capacity of 50,000 or more products per year
151				Projects on production and processing of garment products without laundering and bleaching				Design capacity of 2 million or more products per year
152				Industrial laundering projects				Design capacity of 50,000 or more products per year
153				Projects to produce silk and artificial yarn				Design capacity of 1,000 tons or more of products per year
				Group of other projects
154				Projects on rubber latex processing plants				Design capacity of 5,000 tons or more of products per year
155				Projects on rubber processing plants				Design capacity of 1,000 tons or more of products per year
156				Projects to manufacture footwear				Design capacity of 1 million or more of products per year
157				Projects on to manufacture car and tractor tires and tubes				Design capacity of 50,000 or more of products per year for cars and tractors; 100,000 or more products per year, for bicycles and motorcycles
158				Projects to manufacture accumulators and batteries				Design capacity of 50,000 kWh per year or 100 tons or more of products per year
159				Projects on leather tanning plants				All
160				Projects to produce and extract liquefied CO2 gas				Design capacity of 3,000 tons or more of products per year
161				Projects to manufacture fire-fighting equipment and products				All
162				Other projects on renovation, upgrade and expansion				Of a nature, size and capacity equivalent to projects numbered 1 to 161, except for projects numbered 25 and 26 of this Appendix