Chương 2 Nghị định 80/2006/NĐ-CP: Những quy định cụ thể

Chapter II

SPECIFIC PROVISIONS

Section 1. ENVIRONMENTAL STANDARDS

Article 3.- Principles of application of national waste standards according to roadmap, by region, geographical area and branch

1. Region-, geographical area- or branch-based coefficient means a figure by which the permitted value of each pollution parameter in the national waste standards shall be multiplied in order to determine the value to be compulsorily applied to each particular region, geographical area or branch to suit environmental protection requirements.

2. Roadmap for application of national waste standards shall be set in the direction of greater strictness to meet environmental protection requirements in each period and specified in decisions announcing the compulsory application of such standards.

3. Waste standard coefficients shall be determined on the following principles:

a/ Region- and geographical area-based coefficients of waste standards shall be  stricter for areas zoned off for nature conservation, areas with sensitive eco-system, urban centers, residential areas and polluted areas;

b/ Branch-based coefficients of waste standards shall be determined based on the environmental characteristics of each particular production branch.

Article 4.- Responsibility to formulate and competence to promulgate and announce national environmental standards for compulsory application

1. The formulation of national environmental standards shall be organized according to the following provisions:

a/ The Ministry of Natural Resources and Environment shall guide formulation methods, assume the prime responsibility for, and coordinate with concerned ministries and branches in, identifying national environmental standards which need to be promulgated and assigning the tasks of formulating national environmental standards;

b/ Ministries, ministerial-level agencies and government-attached agencies shall organize the formulation of national environmental standards within the branches and domains under their respective management or assigned to them, then send them to the Ministry of Natural Resources and Environment for evaluation and promulgation.

2. The Ministry of Natural Resources and Environment shall promulgate and announce national environmental standards for compulsory application to each particular region, geographical area or branch.

Article 5.- Order and procedures for formulation, evaluation, promulgation and declaration of national environmental standards for compulsory application

1. The formulation of national environmental standards shall involve the following steps:

a/ Referring to relevant international standards and standards applied by countries with conditions comparable with Vietnam’s;

b/ Assessing basic requirements on national environmental standards and forecasting impacts of the compulsory application thereof;

c/ Identifying the scope of regulation, subjects of application, parameters of national environmental standards and limit value of each parameter enclosed with standard methods of measurement, sampling and analysis used for determining such parameters;

d/ Organizing the compilation of environmental standards;

e/ Organizing the collection of opinions of interested parties on and finalizing draft national environmental standards;

f/ Requesting the Ministry of Natural Resources and Environment to expertise  draft national environmental standards before promulgating them.

2. A dossier of request for expertise of a draft national environmental standard consists of:  

a/ An official letter requesting expertise of the environmental standard;

b/ A rationale document on the necessity, objective and process of formulation, divergent opinions and the opinion of the environmental standard-formulating agency;

c/ The draft environmental standard.

3. Expertise and promulgation of national environmental standards shall be as follows:

a/ After receiving the valid dossier of request for expertise, the Ministry of Natural Resources and Environment shall set up a technical board for national environmental standard, comprising experts who have professional competence and experience relevant to the standard concerned and authorized  representatives of concerned ministries, ministerial-level agencies and/or government-attached agencies;

b/ Within no more than 30 (thirty) working days after receiving the complete and valid dossier of request for expertise, the technical board for national environmental standard shall have to expertise the draft national environmental standard and submit the expertise result to the Ministry of Natural Resources and Environment.

Within 15 (fifteen) working days after receiving the expertise result report, the Ministry of Natural Resources and Environment shall decide to promulgate the national environmental standard; if disagreeing with the expertise result or refusing to promulgate the national environmental standard, it shall request the technical board for national environmental standard to re-expertise the draft standard or request the standard-formulating agency to further improve the draft environmental standard.

4. Announcement of national environmental standards for compulsory application shall be as follows:

a/ Depending on each national environmental standard, the Ministry of Natural Resources and Environment shall set a roadmap for application thereof and coefficients for each particular region, geographical area or branch on the basis of the principles laid down in Article 3 of this Decree and announce the compulsory application thereof;

b/ Organizations and individuals shall have to comply with national environmental standards from the effective date of the decisions announcing the compulsory application thereof.

5. The technical board for national environmental standard, in the capacity as a technical advisory body, shall be set up upon request and operate to assist the Ministry of Natural Resources and Environment in expertising draft national environmental standards and shall dissolve after finishing its duties.

The Ministry of Natural Resources and Environment shall stipulate in detail the operation of the technical board for national environmental standard.

Section 2. STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION COMMITMENTS

Article 6.- List of projects subject to making of environmental impact assessment report and guidance on the financial regime applicable to activities of making, appraising and monitoring environmental impact assessment reports

1. Projects subject to making of environmental impact assessment report are listed in Appendix I to this Decree.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, providing guidance on the financial regime applicable to activities of making, appraising, and monitoring the implementation of, strategic environmental assessment reports, environmental impact assessment reports and written environmental protection commitments.

Article 7.- Inter-branch and inter-provincial projects with environmental impact assessment reports to be appraised and approved by the Ministry of Natural Resources and Environment

Inter-branch and inter-provincial projects with environmental impact assessment reports to be appraised and approved by the Ministry of Natural Resources and Environment are listed in Appendix II to this Decree.

Article 8.- Conditions and scope of operation of organizations providing the consultancy service on making environmental impact assessment reports

1. Organizations providing the consultancy service on making environmental impact assessment reports shall have to meet all the following conditions:

a/ Having technical, technological and environmental personnel with expertise appropriate to the project’s domain;

b/ Having facilities, machinery and equipment up to standard and quality according to regulations on measurement and taking of environmental samples and other related samples suitable to the characteristics and execution sites of projects;

c/ Having material and technical foundations and laboratories ensuring the processing and analysis of environmental samples and other samples related to projects. In case of having no qualified laboratories, consultancy service-providing organizations must hire on a contractual basis other laboratories that are qualified.

2. All domestic and foreign organizations that have registered to operate in Vietnam and meet all conditions specified in Clause 1 of this Article shall be allowed to provide the consultancy service on making environmental impact assessment reports, except those of projects in the security and defense domain and projects involving state secrets.

3. Agencies and units shall have to check the conditions specified in Clause 1 of this Article before hiring organizations to provide the consultancy service on making environmental impact assessment reports.

Article 9.- Dossiers of request for appraisal of strategic environmental assessment reports, environmental impact assessment reports and dossiers of registration of written environmental protection commitments

1. A dossier of request for appraisal of a strategic environmental assessment report shall comprise:

a/ The project owner’s written request for appraisal;

b/ The strategic environmental assessment report;

c/ The draft document on the strategy, planning or plan.

2. A dossier of request for appraisal of an environmental impact assessment report shall comprise:

a/ The project owner’s written request for appraisal;

b/ The environmental impact assessment report;

c/ The project’s feasibility study or investment report.

3. A dossier of registration of written environmental protection commitments shall comprise:

a/ Written environmental protection commitments;

c/ The project’s feasibility study or investment explanation report.

4. Dossiers of request for appraisal of strategic environmental assessment reports, dossiers of request for appraisal of environmental impact assessment reports and dossiers of registration of written environmental protection commitments shall be addressed to competent agencies specified in Articles 17, 21 and 26 of the Law on Environmental Protection.

5. The Ministry of Natural Resources and Environment shall provide guidance on dossier forms and number of dossier sets for dossiers of request for appraisal of strategic environmental assessment reports, dossiers of request for appraisal of environmental impact assessment reports and dossiers of registration of written environmental protection commitments.

6. If receiving improper dossiers, dossier-receiving agencies shall, within five working days, have to notify the project owners thereof for addition and completion.

Article 10.- Appraisal of strategic environmental assessment reports

1. Heads of agencies specified in Clause 7, Article 17 of the Law on Environmental Protection shall issue decisions to set up appraisal councils for strategic environmental assessment reports of projects.

2. Results of appraisal of strategic environmental assessment reports shall be expressed in the form of minutes of meetings of the appraisal council, which shall fully contain the meeting proceedings, conclusions and signatures of the council’s chairman and secretary.

3. The Minister of Natural Resources and Environment shall report to the Prime Minister, the Government and the National Assembly on results of appraisal of strategic environmental assessment reports of projects, enclosed with the appraisal council’s minutes serving as the basis for project approval.

4. Specialized environmental protection agencies of ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People’s Committees shall report to the ministers or agency heads who are competent to approve projects on results of appraisal of strategic environmental assessment reports of projects, enclosed with the appraisal council’s minutes serving as the basis for project approval.

5. Appraisal councils for strategic environmental assessment reports shall operate according to regulations issued by the Minister of Natural Resources and Environment.

Article 11.- Appraisal of environmental impact assessment reports

1. Heads of agencies specified in Clause 7, Article 21 of the Law on Environmental Protection shall issue decisions to set up appraisal councils for environmental impact assessment reports of projects.

2. Heads of agencies specified in Clause 7, Article 21 of the Law on Environmental Protection shall base themselves on the technical, technological and environment complexity of projects to decide on the form of appraisal either by an appraisal council or appraisal service organization. For projects in the security and defense domain and projects involving national secrets, only service organizations within the security or defense branch shall be selected.

3. Appraisal councils or appraisal service organizations shall 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. In case of necessity, before the opening of official meetings of appraisal councils, agencies responsible for conducting the appraisal may conduct auxiliary appraisal in the following forms:

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

b/ Taking samples for analysis and verification;

c/ Gathering opinions of the population 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, socio and professional organizations, and non-governmental organizations;

e/ Holding appraisal seminars.

5. Appraisal councils and appraisal service organizations appraising environmental impact assessment reports shall operate according to regulations issued by the Minister of Natural Resources and Environment.

Article 12.- Time limit for appraisal of strategic environmental assessment reports and environmental impact assessment reports

1. For projects falling under the deciding and approving competence of the Prime Minister, the Government or the National Assembly, and inter-branch and inter-province projects, the time limit for appraisal shall be 45 (forty five) working days counting from the date of receipt of complete and valid dossiers.

2. For projects other than those mentioned in Clause 1 of this Article, the time limit for appraisal shall be 30 (thirty) working days counting from the date of receipt of complete and valid dossiers.

3. In case a strategic environmental assessment report or environmental impact assessment report is not approved and therefore  needs to be re-appraised, the time limit for re-appraisal shall be as provided for in Clause 1 and Clause 2 of this Article.

Article 13.- Making of additional environmental impact assessment reports

1. Additional environmental impact assessment reports shall be made in the following cases:

a/ There is a change in the project’s location, size, design capacity or technology;

b/ The project fails to be executed within 24 months following the date of approval of its environmental impact assessment report.

2. An additional environmental impact assessment report shall cover the following particulars:

a/ Changes in the project’s content;

b/ Changes in the natural environmental conditions and economic and social factors up to the time the additional environmental impact assessment report is made;

c/ Changes in environmental impacts and measures to minimize negative impacts;

d/ Changes in the project’s environmental management and monitoring program;

e/ Other changes.

3. Within 30 (thirty) working days after the date of receipt of complete and valid dossiers, state agencies competent to approve environmental impact assessment reports shall have to examine and approve additional environmental impact assessment reports.

Article 14.- Responsibilities of project owners after environmental impact assessment reports are approved

1. To send a report to the district-level People’s Committee of the place where the project shall be executed on the contents of the decision approving the environmental impact assessment report enclosed with a copy of the decision.

2. To publicly post up at the project execution site a summary of the approved environmental impact assessment report, clearly stating the categories and volume of waste; waste treatment technology and equipment; degree of treatment according to typical parameters of waste against set standards; other environmental protection measures.

3. Designing, building and installation of environmental treatment facilities:

a/ On the basis of the fundamental plan of environmental treatment facilities included in the approved environmental impact assessment report, to design,  build and install these facilities according to current investment and construction regulations;

b/ After the detailed designs of projects’ environmental treatment facilities are approved, to send a report on the building and installation plan enclosed with the detailed design dossier of environmental treatment facilities to the state agency which has approved the environmental impact assessment reports for monitoring and supervision.

4. Environmental protection in the course of project execution:

a/ In the course of project execution, to take measures to protect the environment and minimize negative environmental impacts caused by the projects and carry out environmental observation according to requirements set in the approved environmental impact assessment reports as well as other requirements stated in the decisions approving the environmental impact assessment reports;

b/ During the project execution, to propose adjustments to or changes in the approved or certified contents and related environmental protection measures, to send a report thereon to the approving or certifying agency and to effect these adjustments or changes only after obtaining written approval of this agency;

c/ If environmental pollution occurs in the course of project execution and trial operation, to immediately stop the execution or trial operation and send a report thereon to the district-level Natural Resources and Environment Section of the place where the project is executed and the agency having approved the environmental impact assessment report;

d/ To cooperate with and create favorable conditions for the state management agency in charge of environmental protection to monitor and supervise the implementation of environmental protection contents and measures of the projects; to supply sufficient relevant information and data upon request.  

5. Trial operation of environmental treatment facilities:

a/ After the completion and take-over of construction and installation of environmental treatment facilities, these facilities shall be operated on a trial basis to check technical and environmental parameters against their designs;

b/ To draw up a trial operation plan and notify it to the agency which has approved the environmental impact assessment reports, the provincial/municipal Natural Resources and Environment Service and the district-level Natural Resources and Environment Section as well as the population community in the place where the project is executed for preparing monitoring and supervision plans;

c/ If unable to measure and analyze by themselves technical and environmental parameters, to sign contracts with professionally and technically capable organizations to conduct such measurement and analysis;

d/ After completing the trial operation, to send a report requesting certification of the result of trial operation of environmental treatment facilities to the agency which has approved the environmental impact assessment reports for certification.

Article 15.- Responsibilities of state agencies after having approved environmental impact assessment reports

1. Ministries, ministerial-level agencies and government-attached agencies shall send their respective original decisions approving environmental impact assessment reports to the provincial-level People’s Committees of the places where projects shall be executed.

2. Provincial-level People’s Committees shall send copies of their decisions approving environmental impact assessment reports and those of ministries, ministerial-level agencies or government-attached agencies to the district-level People’s Committees of the places where the projects shall be executed.

3. After having approved environmental impact assessment reports, competent state agencies shall have the following responsibilities:

a/ To examine and compare dossiers on design, construction and installation of environmental treatment facilities against the approved environmental impact assessment reports; if detecting any inconsistencies with the environmental impact assessment reports, within 7 (seven) working days after receiving the dossiers and reports, to inform in writing the project owners concerned thereof for adjustment and/or supplementation;

b/ To receive and process proposals and recommendations of project owners, interested organizations and individuals concerning the implementation of environmental protection contents and measures in the course of execution and construction of projects;

c/ To plan and conduct monitoring and supervision of the implementation of environmental protection contents and measures; to handle violations according to their competence or propose the handling thereof;

d/ To supervise and control the project owners’ trial operation of environmental treatment facilities after receiving project owners’ trial operation plans;

e/ To examine and certify the results of trial operation of environmental treatment facilities;

f/ To preserve and manage all dossiers and documents on post-appraisal activities sent by project owners and concerned agencies and individuals.

Article 16.- Dossiers, order and procedures for examining and certifying compliance with requirements set in decisions approving environmental impact assessment reports

1. A dossier of request for examination and certification shall consist of:

a/ Written request for examination and certification;

b/ Written description of environmental protection facilities and measures stated in the environmental impact assessment report, enclosed with the design dossier and technical parameters of environmental protection facilities and equipment.

Environmental protection and treatment facilities must be technically surveyed before requests for examination and certification are filed.

c/ Relevant recognition and survey certificates.

2. Within 15 (fifteen) working days after receiving valid dossiers of project owners, agencies having issued decisions approving environmental impact assessment reports shall have to examine and certify in writing the project owners’ compliance with the contents of the approved environmental impact assessment reports. For projects involving complicated matters which need more time for examination, this time limit may be extended for no more than 10 (ten) working days. If, through examination, detecting that the project owner fails to fully and properly comply with the contents of the environmental impact assessment report, to request the project owner to do so and report its compliance to the agency having issued the decision approving the environmental impact assessment report for further examination and certification.

3. For each particular project, the contents to be examined and certified shall depend on the contents of its approved environmental impact assessment report, with the following contents to be taken into special consideration:

a/ The waste water collection and treatment system;

b/ Equipment for collecting and detaining hazardous waste and measures for treating them;

c/ Measures for managing ordinary solid waste; 

d/ Measures and equipment for treating and collecting discharged gas and dust;

e/ Measures and equipment for reducing noise and vibration;

f/ Plan, measures and necessary conditions for preventing and responding to environmental incidents.

4. The forms and specific contents of reports and certification documents shall comply with the guidance of the Ministry of Natural Resources and Environment.

Article 17.- Registration of written environmental protection commitments

1. After receiving complete and valid dossiers and within the time limit specified in Clause 2, Article 26 of the Law on Environmental Protection, district-level People’s Committees or authorized commune-level People’s Committees shall have to grant certificates to entities required to register written environmental protection commitments.

2. The form and contents of certificates of registration of written environmental protection commitments shall comply with the guidance of the Ministry of Natural Resources and Environment.

Section 3. ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS AND SERVICE ACTIVITIES

Article 18.- Environment-friendly production and service establishments and products     

1. Environment-friendly production and service establishments are those meeting the following requirements:

a/ Strictly observing the law on environmental protection and acquiring a certificate of satisfaction of environmental standards;

b/ Having policies on managing products throughout their life and managing waste according to the provisions of law, with over 70% of total quantity of waste to be re-processed and/or re-used;

c/ Successfully performing environmental management and acquiring an ISO 14001 certificate therefor;

d/ Saving over 10% of material, energy, fuel and water compared to the common consumption level;

e/ Actively participating in and contributing to programs on enhancing public awareness and protecting the public environment;

f/ The recognition of the title of environment-friendly establishment is not opposed by the population community in the production or service provision area.

2. Environment-friendly products are those meeting one of the following requirements:

a/ Being re-processed from waste which are up to environmental standard;

b/ Being easy to disintegrate in the nature after use;

c/ Being non-polluting products produced to substitute natural material;

d/ Being organic farm produce;

e/ Being granted with eco-marks by a state-accredited organization.

3. Environment-friendly production and service establishments shall enjoy priority and preferential treatment policies and supports of the State in accordance with the provisions of law.

4. The Ministry of Natural Resources and Environment shall guide the evaluation and consideration and procedures for recognition of environment-friendly production and service establishments and products.

Article 19.- Environmental protection in the import, temporary import, border gate-to-border gate transport and transit of scraps

1. If organizations and individuals importing scraps fail to comply with the provisions of Clause 1 and Clause 2, Article 43 of the Law on Environmental Protection, they shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability. If causing damage, they shall have to compensate therefor according to the provisions of law.

2. Temporary import and border gate-to-border gate transport of scraps shall have to strictly meet the following requirements:

a/ Scraps must not be unpacked, used and dispersed in the course of transportation and storage in Vietnam;

b/ Scraps must not be altered in nature and weight;

c/ Scraps must all be re-exported or transported out of Vietnam;

3. Transit of scraps through the Vietnamese territory shall have to meet similar environmental protection requirements prescribed in Article 42 of the Law on Environmental Protection for transit of goods.

Section 4. WASTE MANAGEMENT     

Article 20.- State agencies’ responsibilities for hazardous waste management

1. The Ministry of Natural Resources and Environment shall have the following responsibilities:

a/ To guide the process of minimizing, making statistics on, declaring and managing hazardous waste;

b/ To issue the list of hazardous wastes;

c/ To grant permits and codes of management of hazardous wastes to organizations engaged in waste management in two or more provinces and centrally run cities;

d/ To guide the transport of hazardous wastes to abroad for treatment under international conventions to which Vietnam is a contracting party in cases where there is no appropriate treatment technology or equipment in the country.

2. Provincial/municipal People’s Committees shall have the following responsibilities:

a/ To make statistics on and assess hazardous wastes arising in their localities and take appropriate management measures;

b/ To arrange ground areas and conditions necessary for management of hazardous wastes in the localities in line with the approved plannings on collection, treatment and burial of hazardous wastes;

c/ To grant permits and codes of management of hazardous wastes to organizations engaged in waste management in the localities, except for cases specified at Point c, Clause 1 of this Article.

Article 21.- Retrieval and disposal of used or discarded products

1. Products specified in Clause 1, Article 67 of the Law on Environmental Protection must bear codes of their hazard level and re-processing capability in order to define responsibilities and measures to retrieve and dispose of expired products or products discarded by consumers.

In case of import, importing organizations and individuals shall have to register quantities and necessary information of products with the central state management agency in charge of environmental protection in order to define  responsibilities and measures to retrieve or dispose of products discarded by consumers.

2. Depending on the practical situation and environmental protection requirements in each period, the Ministry of Natural Resources and Environment shall submit to the Prime Minister regulations on retrieval and disposal of expired or used products.

Section 5. OTHER PROVISIONS

Article 22.- Appraisal and assessment of environmental technologies and management of bio-products used in environmental protection

1. Environmental technologies to be appraised and assessed include:

a/ Newly invented environmental technologies;

b/ Imported environmental technologies of unknown origin;

c/ Other environmental technologies upon request of suppliers, users or competent state management agencies.

2. Publicization, certification and transfer of appraised and assessed environmental technologies shall comply with the provisions of law on science and technology.

3. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, providing specific guidance on the assessment of environmental technologies in accordance with the provisions of law on science and technology and environmental protection.

4. The Ministry of Natural Resources and Environment shall issue the list of bio-products to be used for waste prevention, minimization and treatment and the list of polluting bio-products banned from import.

Article 23.- Publicization of environmental information and data

1. The responsibility to publicize environmental information and data defined in Clause 1, Article 104 of the Law on Environmental Protection is prescribed as follows:

a/ The Ministry of Natural Resources and Environment shall have to publicize information and data on the national environment;

b/ Ministries, ministerial-level agencies and government-attached agencies shall have to publicize environmental information and data in the branches or domains under their respective management;      

c/ Specialized environmental protection agencies of the People’s Committees at all levels shall to publicize environmental information and data in the localities under their respective management;

d/ The Management Boards of economic zones, industrial parks and export processing zones and owners of production and service establishments shall to publicize environmental information and data under their respective management.

2. Forms of publicization of environmental information and data are prescribed as follows:

a/ Wide dissemination in the forms of books and news reports in the press and   websites of the units, for cases specified at Point a and  Point b, Clause 1 of this Article;

b/ Wide dissemination in the forms of books, news reports in the press and websites of the units (if any), reports at People’s Council meetings, announcements at population quarter meetings, posting at head offices of units and People’s Committees of communes, wards and townships where units operate, for cases specified at Points c and d, Clause 1 of this Article.