Chương III Thông tư 02/2022/TT-BTNMT: Nội dung bảo vệ môi trường trong quy hoạch tỉnh, đánh giá môi trường chiến lược, đánh giá tác động môi trường, giấy phép môi trường và đăng ký môi trường

Chapter III

CONTENTS OF ENVIRONMENTAL PROTECTION IN PROVINCIAL PLANNING, STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT (EIA), ENVIRONMENTAL LICENSE AND ENVIRONMENTAL REGISTRATION

Section 1. CONTENTS OF ENVIRONMENTAL PROTECTION IN PROVINCIAL PLANNING AND STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 10. Contents of environmental protection in provincial planning

The contents of environmental protection in the provincial planning shall comply with regulations of Law on Planning and Law on Environmental Protection, including the following main contents:

1. Local environment analysis and assessment:

a) Environmental zoning, including: strictly protected zone, low-emission zone and other zones;

b) Nature conservation and biodiversity, including: high biodiversity area, important wetland, important ecological landscape area, important natural landscape, biodiversity corridor, nature reserve and biodiversity conservation establishment;

c) Concentrated waste treatment area;

d) Network of monitoring and warning about soil, water and air environment.

2. Viewpoints, goals, tasks and measures for environmental protection in association with the organization and arrangement of the development space of the province in the planning time.

3. The plan for environmental zoning (including strictly protected zone, low-emission zone and other zones) according to regulations of Point b, Clause 9, Article 28 of the Government’s Decree No. 37/2019/ND-CP dated May 7, 2019 on elaboration of the Law on Planning (hereinafter referred to as “Decree No. 37/2019/ND-CP”) and Clauses 2, 3 and 4, Article 22 of Decree No. 08/ 2022/ND-CP.

4. The plan for nature conservation and biodiversity (including high biodiversity area, important wetland, important ecological landscape area, important natural landscape, biodiversity corridor, nature reserve and biodiversity conservation establishment) according to regulations of point b, Clause 3, Article 25 and Point c, Clause 9, Article 29 of Decree No. 37/2019/ND-CP;

5. The plan for development of concentrated waste treatment zones according to regulations of Point d Clause 9 Article 28 of Decree No. 37/2019/ND-CP.

6. The plan for development of the network of environmental monitoring and warning according to the regulations of Point dd Clause 9 Article 28 of Decree No. 37/2019/ND-CP.

Section 11. Contents of strategic environmental assessment

1. The contents of strategic environmental assessment of the strategy shall be comply with regulations of Clause 1, Article 27 of the Law on Environmental Protection. The contents shall be detailed in Form No. 01a, Appendix II attached to this Circular.

2. The contents of strategic environmental assessment report of the planning shall comply with regulations of Clause 2, Article 27 of the Law on Environmental Protection. The result of the strategic environmental assessment of the planning shall be made into a report according to the regulations of Form No. 01b, Appendix II issued together with this Circular.

Section 2. ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

Article 12. Contents of an environmental impact assessment report (EIAR) and the minutes of survey meeting about EIA

1. The contents of an EIAR shall comply with regulations of Form No. 04, Appendix II issued with this Circular.

2. The minutes of the survey meeting with the subjects specified at Point a, Clause 1, Article 26 of Decree No. 08/2022/ND-CP shall comply with regulations of Form No. 04a, Appendix II issued together with this Circular.

Article 13. Organization and operation of the EIAR appraisal council and council for appraisal of measures for environmental improvement and remediation in mineral mining

1. The EIAR appraisal council of and council for appraisal of measures for environmental improvement and remediation in mineral mining (in this Article hereinafter referred to as “the appraisal council”) shall be responsible for advising the head of the appraisal agency; responsible to the appraisal agency and the law for appraisal results.

2. The appraisal council shall work on the principle of public discussion with the council members, the owner of the project or establishment in the form of official meeting or thematic meeting according to the Chair's decision, if necessary.

3. The official meeting of the appraisal council shall only be held if the following conditions are fully satisfied:

a) There must be at least 2/3 (two thirds) of total council members attending the meeting (online or offline). In particular, there must be an chairperson or authorized vice-chairperson (s) (hereinafter referred to as “the chair”), a secretary and at least 01 reviewer;

b) There must be the competent representative of the owner of the project or establishment;

c) The fee for appraisal of the EIAR and measures for environmental improvement and remediation has been paid in accordance with law.

4. The council members attending the official meeting of the appraisal council shall be responsible for writing the appraisal sheets. A council member who is absent in offcial meeting may send written comments before the meeting of the council. His/her comment shall be considered as the comment of a member who attends the meeting but he/she does not write an appraisal sheet.

5. The delegates who attends the meeting of the appraisal council shall be appointed, if necessary, by the appraisal agency The delegates shall be entitled to express their opinions in the meeting under the direction of the chair of the meeting and receive remuneration in accordance with law.

6. The chairperson, vice-chairperson (s) (if any) and the secretary of the appraisal council shall be officials of the appraisal agency, except for the cases specified in Clause 8, Article 34 of the Law on Environmental Protection. The chairperson (or the vice-chairperson who is authorized by the chairperson in his/her absence) and the secretary shall be responsible for signing the minutes of the council meeting.

7. The council members shall be responsible to the appraisal agency and law for their comments and assessments of the EIAR, measures for environmental improvement and remediation and tasks that are assigned by the chair in the appraisal process. The council members shall be entitled to receive meeting documents at least 03 days before the meeting and remuneration according to the regulations of the law.

8. The appraisal result of the appraisal council shall be prescribed as follows:

a) Approval without revisions: All appraisal sheets of council members shall be approved without revisions

b) No approval: At least 1/3 (one third) of appraisal sheets of council members shall not be approved

c) Approval with revisions: other cases that are not specified in Points a, b of this Clause.

Article 14. Disclosure of the list of members of the EIAR appraisal council

The EIAR appraisal agency shall be responsible for disclosing the list of council members and the decision on approval for the EIAR appraisal result of investment project on its Web Portal, except for investment projects that are state secrets.

Article 15. Forms, documents and dossiers on EIAR appraisal; decisions on approval for EIAR appraisal result

1. Written request for EIAR appraisal according to regulations of Form No. 02, Appendix II issued with this Circular.

2. Decision on the establishment of the EIAR appraisal council according to the regulations of Form No. 03, Appendix II issued with this Circular.

3. Site survey record of the area where the project is located (if any) according to regulations of in Form No. 05, Appendix II issued with this Circular.

4. Written comments on EIAR of council members according to regulations of Form No. 06, Appendix II issued with this Circular.

5. Appraisal sheets of the EIAR of council members according to the regulations of Form No. 07 of Appendix II issued together with this Circular.

6. The minutes of meeting of the EIAR appraisal council according to regulations of Form No. 08, Appendix II issued with this Circular.

7. Written notification of the EIAR appraisal result according to regulations of Form No. 09, Appendix II issued with this Circular.

8. Decision on approval for the EIAR appraisal result according to regulations of Form No. 10, Appendix II issued with this Circular.

Article 16. Time limit for commenting serving approval for report on the EIAR appraisal result applied to investment project discharging wastewater into irrigation project

Within 5 working days from the date of receipt of the written opinion from the appraisal agency of report on environmental impact assessment, the supervisory authority of the irrigation project shall be responsible for making written opinion on approval for appraisal result. If the time of opinion collection is over without a written reply, it is considered as consensus The questionnaires and written responses shall comply with regulations of Forms No. 04b and 04c, Appendix II issued together with this Circular.

Article 17. Forms, documents and dossiers on appraisal, decisions on approval for the appraisal results of measures and technical guidelines for on environmental improvement and remediation

1. The forms, documents on appraisal and approval for the appraisal results of measures for environmental improvement and remediation applied to subjects specified in Points b, c, Clause 2, Article 67 of Law on Environmental Protection shall contain:

a) Contents of measures for environmental improvement and remediation according to regulations of Form No. 11 of Appendix II issued together with this Circular;

b) Written request for appraisal of measures for environmental improvement and remediation according to regulations of Form No. 12, Appendix II issued with this Circular;

c) Decision on the establishment of appraisal council for measures for environmental improvement and remediation according to regulations of Form No. 13, Appendix II issued with this Circular.

d) The minutes of meeting the appraisal council, written comments and appraisal sheets of measures for environmental improvement and remediation according to regulations of Forms No. 14, No. 15 and Form No. 16, Appendix II issued together with this Circular ;

dd) Written notification of the appraisal results of measures for environmental improvement and remediation according to regulations of Form No. 17, Appendix II issued with this Circular;

e) Decision on approval for the appraisal results of measures for environmental improvement and remediation according to regulations of Form No. 18, Appendix II issued with this Circular

g) Certificate of deposit on environmental improvement and remediation according to regulations of Form No. 19, Appendix II issued with this Circular.

2. The environmental improvement and remediation shall be carried out according to the following technical guidelines:

a) The guidelines for contents of environmental improvement and remediation in mineral mining according to regulations of Form No. 20, Appendix II issued together with this Circular;

b) The measures for cost calculation and estimate for environmental improvement and remediation in mineral mining according to regulations of Form No. 21, Appendix II issued together with this Circular.

Section 3. ENVIRONMENTAL LICENSE AND ENVIRONMENTAL REGISTRATION

Article 18. Working principles and responsibilities of the appraisal council and inspectorate for granting environmental license

1. The appraisal council granting environmental license shall be responsible for advising the licensing agency in the process of granting or re-granting an environmental license to an investment project; responsible to the environmental licensing agency and the law for appraisal results.

2. The inspectorate granting environmental license shall be responsible for carrying out an actual survey at the place where the investment project or establishment is located; comparing the actual survey with application for granting, adjusting and re-granting environmental license of the owner of the project or establishment; ensuring compliance with regulations of the Law on Environmental Protection. The inspectorate granting environmental license shall be responsible to the environmental licensing agency and the law for the survey results.

3. The appraisal council and inspectorate shall work on the principle of public discussion.

4. An official meeting of the appraisal council or the deployment of an inspectorate shall only be conducted if the following conditions are fully satisfied:

a) There must be at least 2/3 (two thirds) of total council members attending the meeting (online or offline). In particular, there must be an authorized chairperson or vice-chairperson (s), an authorized leader or deputy leader (s) (hereinafter referred to as “the chair”) and a secretary;

b) There must be at least 2/3 (two thirds) of total members of inspectorate attending the meeting (offline). In particular, there must be an chief or authorized deputy chief (s), an leader or authorized deputy leader (s) and a secretary;

c) There must be the competent or authorized representative of the owner of the project or establishment;

5. A council member who is absent in official meeting may send written comments before the meeting of the council. His/her comments shall be considered as the comment of a member who attends the meeting but does not write an appraisal sheet.

6. The delegates who attends the meeting of the appraisal council shall be appointed, if necessary, by the environmental licensing agency The delegates shall be entitled to express their opinions in the meeting under the direction of the chair and receive remuneration in accordance with law.

7. The chairperson or vice-chairperson of the appraisal council, the leader or deputy leader of the appraisal team, the chief or deputy chief of the inspectorate, the leader or deputy leader of the inspectorate, the secretary of the appraisal council and inspectorate shall be officials of the environmental licensing agency.

8. The chairperson (or the vice-chairperson who is authorized by the chairperson in his absence), the chief (or deputy chief who is authorized by the chief in his absence), the leader (or deputy leader who is authorized by the leader in his absence) shall be responsible to the environmental licensing agency and the law for the appraisal contents and results; signing the minutes of meeting of the appraisal council and inspection records in accordance with law.

9. The members of appraisal council and inspectorate shall be responsible to the environmental licensing agency and law for their comments and assessments of report on the proposal for granting or re-granting an environmental license and its contents; tasks that are assigned by the chair in the appraisal and inspection process. The members shall be entitled to receive remuneration in accordance with regulations of the law.

10. The results of granting the environmental license of the appraisal council shall be prescribed as follows:

a) Approval without revisions: All appraisal sheets of members attending the offline meeting shall be approved without revisions;

b) No approval: At least 1/3 (one third) of appraisal sheets of members shall be not approved

c) Approval with revisions: other cases that are not specified in Points a, b of this Clause.

Article 19. Forms, documents on granting environmental license, revoking environmental license and actually inspecting the process of trial operation of waste treatment works

1. Decision on the establishment of appraisal council for the purpose of granting an environmental license to an investment project according to regulations of Form No. 22, Appendix II issued together with this Circular that shall be applied to the cases subject to the establishment of appraisal council according to regulations of point c, clause 4, Article 29 of Decree No. 08/2022/ND-CP.

2. Decision on the establishment of appraisal team for granting an environmental license to an investment project according to regulations of Form No. 23, Appendix II issued together with this Circular that shall be applied to the cases subject to the establishment of appraisal team according to regulations of point c, clauses 4 and 9, Article 29 of Decree No. 08/2022/ND-CP.

3. Decision on the establishment of inspectorate for granting, adjusting and re-grating environmental licenses to investment project or establishment according to the regulations of Form No. 24, Appendix II issued together with this Circular that shall be applied to the following cases:

a) The cases subject to the establishment of an inspectorate for granting environmental license according to regulations of Point c, Clause 4, Article 29 of Decree No. 08/2022/ND-CP;

b) The cases subject to the establishment of an inspectorate for re-granting environmental license according to regulations of Points a and b, Clause 5, Article 30 of Decree No. 08/2022/ND-CP;

c) The cases subject to the establishment of an inspectorate according to regulations of Clause 3, Article 30 of Decree No. 08/2022/ND-CP;

4. Decision on the establishment of inspection team for granting and re-grating an environmental license of a establishment operating under the licensing competence of People's Committee of District according to regulations of Form No. 25, Appendix issued together with this Circular.

5. Written notification of site survey plan for granting an environmental license to an investment project that is not subject to environmental impact assessment according to Form No. 26, Appendix II issued together with this Circular.

6. Site survey record of the area where the project is located that is not subject to environmental impact assessment (if any) according to regulations of Form No. 27, Appendix II issued with this Circular.

7. The minutes of meeting of the appraisal council for the purpose of granting an environmental license to an investment project according to regulations of Form No. 28, Appendix II issued with this Circular.

8. Inspection records of granting and re-granting environmental licenses to the investment project or establishment according to regulations of Form No. 29, Appendix II issued with this Circular.

9. Written comments of members of the appraisal council and the appraisal team on granting environmental license to the investment project according to regulations of Form No. 30, Appendix II issued with this Circular.

10. Appraisal sheets of members of the appraisal council or the appraisal team for granting environmental license to the investment project according to the regulations of Form No. 31, Appendix II issued together with this Circular.

11. Written comments of members of inspectorate, inspection team on granting and re-granting environmental licenses to the investment project or establishment according to regulations of Form No. 32, Appendix II issued with this Circular.

12. Written announcement about completion and return of an application for granting environmental license to an investment project according to regulations of Form No. 33, Appendix II issued with this Circular.

13. Report of inspectorate on inspection result of granting and adjusting environmental license to investment project specified in Clause 3, Article 30 of Decree No. 08/2022/ND-CP according to regulations of Form No. 34, Appendix II issued together with this Circular.

14. Written notification of the environmental licensing agency on the adjustment of type and weight of hazardous waste subject to treatment or weight of scrap subject to import to make production materials specified in Clause 3, Article 30 of Decree No. Decision No. 08/2022/ND-CP according to regulations of Form No. 35, Appendix II issued together with this Circular.

15. Written opinion survey of the supervisory authority irrigation project in the process of granting or re-granting environmental licenses to investment project or establishment according to the regulations of Form No. 36, Appendix II issued together with this Circular.

16. Written opinion survey of an agency, organization or expert in the process of granting, adjusting and re-granting environmental licenses according to the regulations of Form No. 37, Appendix II issued together with this Circular.

17. Written reply of the supervisory authority irrigation project according to the regulations of Form No. 38, Appendix II issued together with this Circular.

18. Written reply of an agency, organization or expert subject to survey in the process of granting, adjusting and re-granting environmental licenses according to the regulations of Form No. 39, Appendix II issued together with this Circular.

19. g) Environmental license according to regulations of Form No. 40, Appendix II issued with this Circular.

20. Environmental license subject to adjustment according to regulations of Form No. 41, Appendix II issued with this Circular.

21. Decision on revoking environmental license subject to adjustment according to regulations of Form No. 42, Appendix II issued with this Circular.

22. Written notification about the plan for trial operation of waste treatment work of the investment project according to regulations of Form No. 43, Appendix II issued with this Circular.

23. Decision on appointment for officials to actually inspect the waste treatment work of the investment project or establishment in the process of trial operation applied to cases that are not specified in Clause 4, Article 46 of the Law on Environmental Protection according to regulations of Form No. 44, Appendix II issued together with this Circular.

24. Record of inspection and supervision of trial operation of waste treatment work of an official according to regulations of Form No. 45, Appendix II issued together with this Circular.

25. Record of inspection trial operation of waste treatment work of the investment project or establishment that use scrap as production materials or hazardous waste treatment services according to regulations of Form No. 46, Appendix II issued together with this Circular.

Article 20. Additional waste monitoring applied to operating establishment in case of request for granting an environmental license

1. The additional waste monitoring specified at Point e, Clause 3, Article 28 of Decree No. 08/2022/ND-CP shall be carried out as follows: Take a single sample (wastewater) in 5 consecutive days and cluster sample (exhaust gas) in 2 consecutive days for the purpose of assessment of the treatment efficiency of the exhaust gas, wastewater treatment work and equipment (if any).

2. The additional waste monitoring specified at Point dd, Clause 5, Article 28 of Decree No. 08/2022/ND-CP shall be carried out as follows: Take a single sample (wastewater) and cluster sample (exhaust gas) for the purpose of assessment of the treatment efficiency of the exhaust gas, wastewater treatment work and equipment (if any)

Article 21. Waste monitoring in the process of trial operation of waste treatment work of project or establishment

1. Monitoring for wastewater treatment work: The collection of wastewater sample for the purpose of measurement, analysis and assessment of the suitability of wastewater treatment work shall be suitable for TCVN 5999:1995 (ISO 5667-10: 1992) on water quality - sampling and guidelines for wastewater sampling. The cluster sample and frequency shall be specified as follows:

a) Cluster sample shall include 03 single samples that are taken at 03 different times of the day (morning, noon - afternoon, afternoon - evening) or at 03 different times (beginning, middle, end) of the shift and mixed together;

b) The assessment time of the efficiency adjustment duration of the wastewater treatment work shall be at least 75 days from the date of the beginning of the trial operation. The monitoring frequency shall be at least every 15 days (measurement, taking and analysis of input and output cluster sample of the wastewater treatment work). The monitoring indices shall be subject to environmental license.

If necessary, the project owner shall measure, take and analyze some more samples of the wastewater after treatment of the waste treatment work in this duration for the purpose of assessment according to the technical regulations on waste and have better measures for adjustment, improvement and amendment to wastewater treatment work;

c) The efficiency assessment time in the stable operation duration of the wastewater treatment work shall be at least 07 consecutive days after the adjustment duration specified at Point b of this Clause. In force majeure case that the measurement, collection and analysis of samples cannot be carried out consecutively, they shall be carried out on the next day. The waterwaste monitoring frequency shall be at least once per day (measurement, taking and analysis of single samples for 01 input wastewater sample and at least 07 output wastewater samples in 07 consecutive days of waterwaste treatment work). The monitoring indices shall be subject to environmental license.

2. Monitoring for dust and exhaust gas treatment work and equipment: Measurement and taking sample of dust and exhaust gas for the purpose of analysis and assessment of the efficiency of each waste treatment work and equipment in the waste monitoring plan shall be specified as follows:

a) The cluster sample shall be identified in one of the following two cases:

A cluster sample shall be taken according to the continuous sampling method (isokinetic and other methods according to regulations on environmental monitoring technology) to measure and analyze indices according to regulations or an average value of 03 measurement results of the field rapid measuring equipment (digital measuring equipment) in accordance with law at different 03 times in a day (morning, noon - afternoon, afternoon - evening) or at 03 different times (beginning, middle, end) of the production shift;

b) The assessment time of the efficiency adjustment duration of each dust, exhaust gas treatment work and equipment shall be at least 75 days from the date of the beginning of the trial operation. The dust and exhaust gas monitoring frequency shall be at least once every two weeks (measurement, taking and analysis of input (if any) and output cluster sample. The monitoring indices shall be subject to environmental license.

c) The efficiency assessment time in the stable operation duration of the dust, exhaust gas treatment work and equipment shall be at least 07 consecutive days after the adjustment duration specified at Point b of this Clause. In force majeure case that the measurement, collection and analysis of samples cannot be carried out consecutively, they shall be carried out on the next day. The dust and exhaust gas monitoring frequency shall be at least once per day (measurement, taking and analysis of single samples or samples taken by continuous sampling equipment before discharging into the environment of dust, exhaust gas treatment work and equipment). The monitoring indices shall be subject to environmental license.

3. The monitoring, identification and classification of solid waste (including sludge) that are hazardous waste or ordinary industrial solid waste shall comply with regulations of the Law on hazardous waste management.

4. The investment project or establishment specified in Column 3, Appendix 2 issued together with Decree No. 08/2022/ND-CP shall have waste monitoring according to regulations of Clauses 1, 2 and 3 of this Article.

5. The owner of the project or establishment specified in Clause 4 of this Article shall decide waste monitoring and ensure monitoring at least 03 single samples in 03 consecutive days of the stage of stable operation of waste treatment work.

6. The wastewater or exhaust gas monitoring in case of re-operation of the wastewater and exhaust gas treatment work specified at Point c, Clause 7, Article 97 or Point c, Clause 8, Article 98 of Decree No. 08/2022/ND-CP shall be carried out as follows:

a) The establishment specified Column 3, Appendix 2 issued together with Decree No. 08/2022/ND-CP shall carry out waste monitoring according to regulations of Point c, Clause 1 or Point c, Clause 2 of this Article;

b) The establishment that is not specified in Column 3, Appendix 2 issued together with Decree No. 08/2022/ND-CP shall carry out waste monitoring according to regulations of Clause 5 of this Article;

Section 22. Application and procedures for environmental registration

1. Application for environmental registration shall contain:

a) Environmental registration document of the owner of the investment project or establishment according to regulations of Form No. 47, Appendix II issued with this Circular;

b) A copy of the decision on approval for the EIAR appraisal result of the investment project or establishment (if any).

2. The owner of the investment project or establishment shall send the application for environmental registration electronically, by post or in person to the People's Committee of the Commune where the investment project or establishment is located according to regulations of Clause 3, Article 49 of the Law on Environmental Protection.

Article 23. Receipt of environmental registration

1. The People's Committee of the commune shall receive environmental registration application that is sent by the owner of the investment project or establishment electronically, by post or in person.

2. The People's Committee of the commune shall update data on environmental registration on the national environmental information and database system.