Chương III Nghị định 54/2021/NĐ-CP: Điều khoản thi hành

Chapter III

IMPLEMENTATION CLAUSE

Article 5. Transitional clauses

1. Regarding an investment project for which the competent authority has carried out appraisal of the EIA report before the effective date of this Decree with the result showing that the report was passed without any correction or addition and an investment project for which the competent authority approved the EIA report, they are not subject to PEIA.

2. Regarding an investment project for which the PEIA has been carried out and whose investment guidelines have been approved by the competent authority, it is not subject to PEIA when applying for the investment registration certificate.

3. In the case where a PPP project for which the application for investment guideline decision has been received by the competent authority before January 01, 2021 has had an EIA report as prescribed by the law on environmental protection, it shall continue to be executed in compliance with regulations of law at the time of receipt of the application. In the case where a PPP project for which the application for investment guideline decision has been received by the competent authority before January 01, 2021 is yet to have an EIA report, it shall be executed in compliance with regulations of law on PPP investment and law on public investment.

Article 6. Effect

1. This Decree comes into force from the date on which it is signed.

2. Article 12 of the Government's Decree No. 40/2020/ND-CP dated April 06, 2020 providing detailed regulations on the implementation of several Articles of the Law on Public Investment is annulled.

Article 7. Responsibility for implementation

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