Chương II Thông tư 38/2015/TT-BTNMT: Trình tự, thủ tục, nội dung thẩm định, phê duyệt phương án và phương án bổ sung

Chapter II

ORDER, PROCEDURES, CONTENTS OF APPRAISAL AND APPROVAL OF PLAN AND ADDITIONAL PLAN

Section 1. Order and procedures for appraisal and approval of plan and additional plan

Article 3. Dossier to request the appraisal and approval of plan and additional plan

1. The organizations and individuals specified under Point a, Clause 1, Article 5 and Point a, Clause 2, Article 5 of Decree No. 19/2015/ND-CP having plan or additional plan and report on environmental impact assessment of the same organ having authority to approve it shall make a plan or additional plan under the form specified in Annex 02 or 04 issued with this Circular and submit it with dossier for appraisal and approval for report on environmental impact assessment. The written request for appraisal and approval is under the form specified in Annex 1B issued with this Circular.

2. In case the dossier for appraisal and approval for the plan is not subject to the provisions in Clause 1 of this Article:

a) A written request under the form specified in Annex 1A issued with this Circular;

b) 07 (seven) plans under the form specified in Annex 02 issued with this Circular;

c) 01 (one) copy of report on environmental impact assessment or registration of satisfaction of environmental standard or the simple environmental protection scheme or the detailed environmental protection scheme approved or certified.

3. In case the dossier for appraisal and approval for the additional plan is not subject to the provisions in Clause 1 of this Article:

a) A written request under the form specified in Annex 1A issued with this Circular;

b) 07 (seven) additional plans under the form specified in Annex 04 issued with this Circular;

c) 01 (one) copy of report on environmental impact assessment or environmental protection plan or commitment to environmental protection or registration of satisfaction of environmental standard or simple environmental protection scheme or detailed environmental protection scheme approved or certified.

d) 01 (one) copy of plan attached to the approved decision.

Article 4. Receipt of dossier and time limit for appraisal

1. The dossier for appraisal and approval for plan or additional plan shall be submitted directly or by post to the organs specified in Clause 1, Article 7 of Decree No. 19/2015/ND-CP.

2. The time limit for appraisal and approval for plan or additional plan is no more than 35 (thirty five) working days after receiving valid dossier. In cases specified in Clause 1, Article 3 of this Circular, the time limit shall comply with the one for appraisal of report on environmental impact assessment.

3. The result of appraisal and approval for the plan or additional plan shall be returned directly at the appraising or approving organ or by post.

Article 5. Appraisal for the plan or additional plan

1. In cases specified in Clause 1, Article 3 of this Circular, the order and procedures for appraisal shall comply with the order and procedures for appraisal of report on environmental impact assessment. The standing organ appraising the report on environmental impact assessment shall coordinate with the standing organ appraising the plan or additional plan (hereafter referred to as the standing organ appraising the report) shall carry out the following contents:

a) Reviews the validity of dossier: The dossier is deemed valid when it has the consent of the standing organ appraising the plan;

b) Establishes the appraisal board: The composition of such board shall include the composition of plan appraisal board specified in Clause 2, Article 7 of Decree No. 19/2015/ND-CP. The decision on establishment of appraisal board of report on environmental impact assessment and plan or additional plan is made under the form specified in Annex 5B issued with this Circular.

c) Organizes inspection at site, verification of information and data; takes sample for analysis and verification; consults the relevant organizations and individuals; hire experts and occupational-social organizations for counter-argument in case of requirement of the standing organ appraising the plan.

d) Organizes meeting of appraisal board: The minutes of appraisal board is made under the form specified in Annex 6B issued with this Circular.

2. In cases not subject to the provisions in Clause 1 of this Article, the appraisal of plan or additional plan shall comply with the provisions in Clause 2, Article 7 of Decree No. 19/2015/ND-CP. The activities of the appraisal board of plan or additional plan (hereafter referred to as appraisal board) are specified in Section 2 of this Chapter. The appraisal order is as follows:

a) Within 10 (ten) working days after receiving dossier, the standing organ appraising the plan shall establish the appraisal board. The decision on establishment of appraisal board is made under the form specified in Annex No.5A issued with this Circular. In case the dossier is incomplete or invalid, within 5 (five) working days, the standing organ appraising the plan shall notify in writing the organizations or individuals for completion of their dossiers.

b) In case of necessity, within 12 (twelve) working days after the establishment of appraisal board, the standing organ appraising plan shall carry out its inspection at the site and verify information and data; take sample for analysis and verification at location of plan or additional plan implementation and adjacent area; consult the relevant organizations and individuals; hire experts and occupational-social organizations for counter-argument in case of requirement of the standing organ appraising the plan or additional plan.

c) Within 07 (seven) working days after the completion of contents specified under Point a or b, Clause 2 of this Article, the standing organ appraising plan shall hold a meeting of appraisal board. The minutes of meeting, comment of plan or additional plan, plan or additional plan assessment form is made under the form specified in Annex 6A, 7 and 8 issued with this Circular;

d) Within 06 (six) working days after the meeting of appraisal board, the standing organ appraising plan shall give a written notice of the appraisal result to the organizations or individuals.

dd) After receiving the written notice of the appraisal result, the organizations or individuals shall

- Modify and complete the contents of plan or additional plan in case specified under Point b, Clause 4, Article 8 of this Circular. The time limit for modification or addition does not exceed 06 (six) months after the issuance of written notice of appraisal result. The time of modification and completion shall not be included in the time of appraisal and approval specified in Clause 2, Article 4 of this Circular. In case the time of modification or addition of dossier is over, the organizations or individuals have to prepare the plan or additional plan again;

- Prepare the plan or additional plan again and re-submit it in cases specified under Point C, Clause 4, Article 8 of this Circular. The order of appraisal is done like the case of first submission of dossier.

Article 6. Approval for plan or additional plan

1. In cases specified under Clause 1, Article 5 of this Circular, the order and procedures for approving plan or additional plan shall comply with the order and procedures for approving the report on environmental impact assessment. The standing organ appraising the report on environmental impact assessment shall coordinate with the standing organ appraising plan to implement the following contents:

a) Verifying and reviewing the consistency and completion of dossier and contents after the organizations or individuals have modified and completed it according to the conclusion of the appraisal board;

b) Jointly submitting the report on environmental impact assessment and the plan or additional plan to the competent authorities for approval. The decision on approving the report on environmental impact assessment and the plan or additional plan is prepared under the form specified in Annex No. 9B issued with this Circular.

2. In cases not subject to the provisions in Clause 1 of this Article:

a) If the plan or additional plan is adopted without modification or addition, the organizations or individuals shall affix seal on adjoining edges of pages the plan or additional plan and return it to the organ in charge of appraisal and approval for review and decision on approval with the number prescribed as follows:

- In cases under the appraisal and approval authority of the Ministry of Natural Resources and Environment, the number of dossier must be sufficient to be sent to the addresses: the Ministry of Natural Resources and Environment: 01 (one) copy with 01 (one) CD recording all data; the Department of Natural Resources and Environment of the area where the plan or additional plan is done: 01 (one) copy; organizations or individuals: 01 (one) copy;

- In cases under the approval authority of the People’s Committee of provinces and centrally-run cities (hereafter referred to as provincial-level People’s Committee), the number of dossier must be sufficient to be sent to the addresses: provincial-level People’s Committee: 01 (one) copy with 01 (one) CD recording all data; organizations or individuals: 01 (one) copy;

b) If the plan or additional plan is adopted provided that it must be modified or added. After modification or additions, organizations or individuals shall affix seal on adjoining edges of pages of the plan or additional plan and send it with a written explanation to the organ in charge of appraisal and approval with the number specified under Point a, Clause 2 of this Article;

c) Within 15 (fifteen) working days after receiving dossiers for approval, the approving organ shall issue the approval decision and certify on the back side of cover of the plan or additional plan. Where the dossier does not meet the conditions for approval, the competent authorities shall state the reason in writing. The decision on plan or additional plan approval and the form of certification on the back side of cover is under the form specified in Annex 9A, 9C and 10 issued with this Circular.

3. The approving organ shall send the approval decision attached to the plan or additional plan approved to the organizations, individuals and organs specified in Clause 2 of this Article and send 01 (one) approval decision to the environmental protection fund which receives the deposit for environmental remediation and restoration.

Section 2. Contents of appraisal and activities of appraisal board

Article 7. Contents of appraisal of plan or additional plan

1. The legal grounds and consistency with the structure and contents of the plan or additional plan.

2. The consistency of contents of plan or additional plan with the requirements for environmental protection, mineral mining planning, land use planning and environmental planning (if any) of the locality

3. The grounds for calculating volume of items and expenditure of environmental remediation and restoration; correct and complete calculation of volume and estimation of expenditure and consistency of method of deposit.

Article 8. Principles for operation and conclusion of appraisal board

1. The appraisal board is established to appraise each plan or additional plan.

2. The appraisal board shall give advice to the appraising organs, approve the plan or additional plan and take responsibility before law and appraising organ and approve the result of appraisal.

3. The appraisal board works on the principles of public discussion and comes to the conclusion unanimously.

4. The appraisal conclusion is shown accordinig to 01 (one) in 03 (three) cases as follows:

a) Adoption: when all members of appraisal board participating in the meeting have unanimous approval evaluation form without any modification or addition;

b) Adoption provided that there must be modification or addition: when there are at least 2/3 (two thirds) of number of board members attending the meeting have their approval evaluation form or adoption with required modification or addition including the Chairman or authorized Vice Chairman having his/her consent evaluation form to adopt or adopt with required modification or addition;

c) No adoption: when there is more than 1/3 (one third) of of number of board members attending the meeting have their disapproval evaluation form.

Article 9. Responsibility and powers of members of appraisal board

1. Responsibility of board members:

a) Study the plan or additional plan and relevant dossiers and documents provided by the appraisal organizing organ;

b) Participate in the meetings of the appraisal board, investigation and survey organized during the implementation (if any);

c) Write comments and send them to the appraising organs before the official meeting of the appraisal board at least 01 (one) working day in advance; present their opinions at the official meeting of the appraisal board;

d) Record the evaluation form;

dd) Manage documents provided as prescribed by law and return such documents upon the requirements of the appraisal organizing organ after completion of duties;

e) Take responsibility before the appraising or approving organs and before law for their comments or evaluation and assigned work contents during the appraisal;

2. Powers of board members:

a) Request the appraising organs to provide documents related to the dossier for appraisal for study and evaluation;

b) Recommend the appraising organ for organizing specialized meetings and conferences and other activities for direct service of appraisal;

c) Attend the meetings of the appraisal board and other activities for the purpose of appraisal;

d) Directly discuss with organizations or individuals at the meetings of the appraisal board; reserve their opinions in case they are different from the conclusion of the appraisal board;

dd) Receive remuneration under the current regulations upon implementation of duties; receive their traveling expenses, accommodation and other expenses as prescribed by law upon participation in activities of the appraisal board.

3. In addition to responsibilities and powers specified in Clause 1 and 2 of this Article, the Chairman of appraisal board has additional responsibilities and powers as follows:

a) Directs the meetings of the appraisal board;

b) Deals with opinions presented in the meetings of the appraisal board and give conclusions thereof.

c) Signs minutes of meetings and takes responsibility before the appraising or approving the conclusions given in the meetings under his/her assigned responsibilities and powers.

4. The Vice Chairman of the appraisal board has his/here responsibilities and powers like the members of the appraisal board as specified in Clause 1 and 2 of this Article and like the Chairman of the appraisal board in case authorized by the Chairman.

Article 10. Responsibilities of the standing organ appraising plan

1. Reviews the valiadity of dossier for appraising the plan or additional plan.

2. Drafts the decision on establishment of appraisal board and submits to the competent level for review and decision.

3. Contacts and requires organizations or individuals to additionally provide relevant documents in case of necessity and distribute them to the other members of the appraisal board.

4. Organizes the meetings of appraisal board and other its activities.

5. Notifies in writing the project owner of the appraisal result and the requirements related to the completion of appraisal dossier.

6. Reviews the contents of plan or additional plan after it is modified or added; distributes documents to request some members of the board to give their comments about the plan or additional plan in case of necessity.

7. Drafts the decision on approving the plan or additional plan and submits it to the competent level for consideration and decision.

Article 11. Conditions of official meeting of the appraisal board

1. There is an attendance (presence at the meeting or online attendance) of at least from 2/3 (two thirds) or more of a number of members of appraisal board under the establishment decision. The appraisal board shall not hold a meeting upon the absence of the Chairman or the Vice Chairman (in case authorized by the Chairman upon his/her absence).

2. There is an attendace of legal representative of organizations, individuals or authorized person.

3. Organizations or individuals have paid the appraisal fees of plan or additional plan as prescribed by law.