Chương V Thông tư 31/2016/TT-BTNMT: Phương án bảo vệ môi trường

Chapter V

ENVIRONMENTAL PROTECTION PLAN

Article 21. Entities requiring, and time of, preparation of environmental protection plan

1. Entities requiring preparation of environmental protection plan include:

a) Active industrial clusters, concentrations of businesses and service providers or establishments of which form and size is equivalent to those that require preparation of environmental impact statement as defined in the Appendix II to the Decree No. 18/2015/ND-CP; 

b) Trade villages.

2. Entities referred to in Point a Clause 1 of this Article shall be obliged to set up the environmental protection plan for construction works or projects which have been completed and officially brought into operation according to the actual progress. In case the environmental management system into which contents of the environmental protection plan are integrated according to regulations laid down in this Circular has been made available for use and certified as stated in Article 25 of the Decree No. 19/2015/ND-CP, formulation of the environmental protection plan is not needed.

3. Any entity, referred to in Point a Clause 1 of this Article, obtaining certification of its detailed feasibility study on the environmental protection project, must prepare the environmental protection plan after a competent regulatory authority’s inspection of completion of all environmental protection works as stated in Point c Clause 1 Article 9 of the Circular No. 26/2015/TT-BTNMT of the Minister of Natural Resources and Environment dated May 28, 2015 allowing for the detailed and simplified environmental protection scheme.

4. The environmental protection scheme shall be considered as one of the bases for implementation of laws on environmental protection and environmental protection measures by entities specified in Clause 1 of this Article, and the basis for a competent regulatory authority’s inspection and examination of such implementation.

Article 22. Contents of environmental protection plan

1. Entities, referred to in Point a Clause 1 Article 21 of this Circular, shall prepare the environmental protection plan by using the sample given in the Appendix 7 hereto which must be then deposited at establishment’s offices. 

2. Trade villages shall prepare the environmental protection plan by using the sample given in the Appendix 2 hereto.

Article 23. Approval of the environmental protection plan for trade villages

1. The People’s Committee of the commune where trade villages are located shall prepare application for approval of the environmental protection plan for these trade villages for submission to the district-level People’s Committee for its consideration and approval thereof.

2. A set of documents submitted to apply for approval of the environmental protection plan for trade villages shall include the followings:

a) 01 written request for approval of the environmental protection plan for trade villages by using the sample given in the Appendix 8 hereto;

b) 04 copies of the environmental protection plan for trade villages by using the sample given in the Appendix 2 hereto;

c) 01 duplicate copy of the proposal to develop trade villages within its jurisdiction, approved by the provincial-level People’s Committee (where applicable).

3. Upon receipt of all required documents referred to in Clause 2 of this Article, the district-level People’s Committee shall consult with the Department of Natural Resources, and the Department of Agriculture and Rural Development during the process of considering and approving that plan.

4. Upon receipt of opinions from regulatory authorities, referred to in Clause 3 of this Article, the district-level People’s Committee shall be responsible for considering and approving that plan.

5. The time limit for consideration and approval of the plan shall not exceed 20 business days of receipt of all abovementioned documents. In case of rejection, the district-level People's Committee shall give a written notification in which reasons for such rejection must be clearly stated.

The decision to approve the environmental protection plan for trade villages shall be made by using the sample given in the Appendix 9 hereto.

6. Sign, stamp and send the environmental protection plan for trade villages:

a) after the plan has been approved, and the district-level People’s Committee has put its signature and stamp on the cover page of the plan;

b) The district-level People’s Committee shall send 01 copy of the approved decision to approve the environmental protection plan for trade villages to the communal-level People’s Committee, and 01 copy thereof to the Department of Natural Resources and Environment, as well as the Department of Agriculture and Rural Development.

Article 24. Responsibilities for implementation of the environmental protection plan

1. Investors in construction and business operation of infrastructure facilities of industrial clusters, management boards of concentrations of businesses and service providers, and owners of establishments, shall be responsible for ensuring that their environmental protection plan is updated with operational status and progress; keeping all necessary documents, invoices, operational logbooks, record books and other equivalents under the instructions given in the Appendix 7 hereto.

2. Preventing and responding to environmental incidents as specified in the environmental protection plan shall be provided for as follows: 

a) Investors in construction and business operation of infrastructure facilities of industrial clusters, management boards of concentrations of businesses and service providers, and owners of establishments, must establish and ensure sufficient capacity to carry out prevention of and response to environmental incidents during production, business and service activities;

b) In the event that any environmental incidents occur, these investors, management boards and owners shall be responsible for promptly notifying organizational entities concerned by using contents specified in the plan to prevent and respond to environmental emergencies or incidents; give alarm and muster workforce and equipment depending on the degree of environmental incidents or emergencies; implement pollution mitigation and environmental remediation measures upon the request of environmental protection authorities ;

c) Within a maximum period of 30 days after any environmental emergency or incident occurs, these investors, management boards and owners must send the People's Committee at all levels and the Department of Natural Resources and Environment the review report on environmental emergency or incident mitigation and response;

d) These investors, management boards and owners of those that cause environmental incidents or emergencies shall be liable for damages as specified in the Law on Environmental Protection and other relevant regulations.