6

Part I. LEGAL DOCUJ\iIENTS

THE GOVERNMENT

Decree No. 29!2011/ND-CPofApril18,2011, providing strategic environmen­tal assessment, environmental impactassessment and en vironmentalprotection commitment

THE GOVERNMENT

Pursuant to the December 25. 200] Law Oil

Organization or the Government;

Pursuant to the November 29. 2005 Law 011

Environmental Protection;

At the proposal of the Minister of NaturalResources anc! Euvironmcnr,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides strategicenvironmental assessment. environmentalimpact aS505SlD0nt and environmental protection

commitment.

Article 2. Subjects of application

Th is Decree applies to organ izat ions it ndindividuals engaged in act i vit ie s rc latcd to

strategic environmental assessment.environmental impact assessment andenvironmental protection commitment In the

territory of the Socialist Republic of Vietnam

Issue nos 07-0B/May 2011(Cong Bee nos 241-242JMay 4, 2011,!

Chapter II

STRATEGIC ENVIRONMENTALASSESSMENT

Article J. Subjects and forms of strategicenvironmental assessment

I. Detailed strategic environmentalassessment for strategies, master plans and plans

of five (5) years or more provided in Purl A ofAppendix I to this Decree shall be incorporated

in those strategies. muster plans and plans.

2. Detailed strategic environmentalassessment for strategies. master plans and plansof five (5) years or more provided in Part B ofAppendix I to this Decree shall be presented in

a separate report.

3. Brief strategic environmental assessmentfor strategies, master plans and plans of fivc (5)

years or more of national sectors and domainsouts.ide the list in Appendix I tothis Decree shall

be incorporated in those strategies. master plansand plans.

4. Strategic environmental assessment is not

compulsory for five-year plans formulated inconformity with master plans of sector" and

domains whose strategic environmentalassessment reports have been appraised.

5. Strategic environmental assessment is

encouraged for strategies. master plans and plansother than those provided in Clauses I, :2 and 3

of this Article.

Article ,1. Time for struteg ic environmental

assessment and requirements on use ofassess ment resu Its

I. Strategic environmental assessment shallbe conducted concurrentlv with the formulutionof a ~trdtc[;y. master plan or plan.

2. Strategic environmental assessment results

Issue nos07-08/May 2011(Cong Bao nos 241-242/May 4.2011)

shall be integrated into documents of a strategy.master Dian or plan.

Article 5. Contents of strategicenvironmental assessment report

I. A separate report on detailed strategicenviron mental assessment has the followi ngmajor contents:

al Brief description of the strategy. masterplan or plan;

hi The strategic environmental assessmentprocess; description of the scope of study of thestrategic environmental assessment and majorenvironmental issues related to the strategy.IllaS{t:1 plan UI plan;

c/ Description of past developments andprediction of major environmental trends in caseof failure to implement the strategy. master planor plan:

dl Assessment of conformity of viewpointsand objecti ves of the strategy. master plan or

plan with environmental protection viewpoints

and objectives; assessment and comparison of

development options of the strategy. master planor plan:

el Assessment of impacts on majorenvironmentul issues incase of implementation

of the strategy. master plan or plan:

fI Consultation of involved parties in theprocess of strategic environmental assessment:

gl Proposals on adjustment of the strategy.master plan or plan and measures to prevent andmitigate adverse environmental impacts:

h/ Indication of sources of statistics. data and

assessment methods;

il Conclusions and recommendations.

2, A strategic environmental assessment

report incorporated in a strategy. master plan or

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plan has the following major contents:

:1/ The strategic environmental assessment

process: description of the scope of study ofthe

strategic environmental assessment and majorenvironmental issues related to the strategy,

master plan or plan;

b/ Assessment or conformity of viewpoints

and objectives of the strategy. master plan or

plan with environmental protection viewpointsand objectives: assessment and comparison of

development options of the strategy, master planor plan;

cl Assessment of impacts on majorenvironmental issues in case of implementation

of the strategy. master plan or plan;

d/ Consultation of involved parties in theprocess of strategic environmental assessment;

el Proposals on adjustment of the strategy.master plan or plan and measures to prevent and

mitigate adverse environmental impacts;

fl COJlciusiOI1S aud recuuuueudutious.

3. A brief strategic environmental assessmentreport has the following major contents:

ai The strategic environmental assessment

process; scope of study or the strategicenvironmental assessment and major

en vironrnental issues related to the strategy,master plan or plan;

b/ Assessment of impacts on majorenvironmental issues in case of implementation

of the strategy. master plan or plan:

cl Proposa Is on ad iustmcnt of the strategy,master plan or plan and measures to prevent and

mitigate adverse environmental impacts:

dl Conclusions and recommendations.

4. The Ministry of Natural Resources and

8

Environment shall specify requirements on

contents of detui led and brief strategicenvironmental assessment reports: and elaborate

and promulgate technical guidelines for

specialized strategic cnvi ronmenta] assessment.

Article 6. Dossiers of request for appraisal

of strategic environmental assessment reports

I. A dossier of request for appraisal of a

separate detailed strategic cnvironmcnr a lassessment report comprises:

aJA written request for appraisal:

bl The detailed strategic environmental

assessment report;

c/The draft strategy, master p lun or p lun ,

2. A dossier of request for appraisal of a

detailed strategic environmental assessmentreport incorporated in a strategy. muster plan or

plan comprises:

a! A written request for appraisal;

bl The draft strategy, master plan or planincorporating the detailed strategic

environmental assessment report.

3. A dossier of request for appraisal of a briefstrategic environmental assessment report

comprises:

aI A written request for appraisal:

b/ The draft strategy, master plan or planincorporating t h-- hricf strategic e nv ir-onmc nta l

assessment report,

4. The Ministry of Natural Resources andEnvironment shall specify the number and

specifications of the dossiers provided inClauses 1,2 and 3 of this Article.

Article 7. Appraisal of strutcg icenvironmental assessment reran,

l . Responsibilities for appraisal of stratcg·tc

Issue nos07·OB/May 2011(CongBee nos 241-242/May 4 2011)

environmental assessment reports are provided

as follows:

al The Ministry of Natural Resources and

Environment shall appru ise strategiccnvi ronmental Qs~;essrnent reports of stn1tegie~;.

master pians and plans approved by the National

As semhl y. the Government or the PrimeMinister. except those of security and defense

secrets;

b/ The Ministry of Public Security or the

Ministry of National Defense shall assume the

prime rcsponsibil it)' for. and coordinate with theMinistry of Natural Resources and Environment

in. appraising strategic environmentalaSSt~ssr1lt~nl rt'pnl't<; of strarcg ics. master plans

and plans involving security or defense secrets

approved by the Nar ionul Assembly. theGovernment or the Prime Minister:

cl Ministries. ministerial-level agencies andgovernment-attached agencies shall appraise

strategic environmental assessment reports of

strategies. master plans and plans falling undertheir respective approving competence;

dl Provincial-level People's Committees shallappraise strategic environmental assessment

reports of strategies, master plan s or plans fall ing

under their approving competence and provincial­level People's Councils.

2- Agencies formulating strategies, masterplaus or plans (below referred to <.IS project

owners) shall submit dossiers of request for

appraisal of strategic environ mental assessmentreports to the agencies responsible for appraising

straieg ic en viron men tal as sessrne nt reports

prov ided in CIausc 1 of this Article,

3. Agencies appraising strategic environ­

mental assessment reports shall. within the timelimit provided in Article IS 01 this Ikerce.

appraise strategic environmental assessment

[ssue nos07-08/May 2011(Cong Beo nos 241-242/May 4, 2011)

reports and notify appraisal results tu project

owners. Within seven (7) working days after

receiving an invalid dossier, they shall send anut ice to the project owner for mod ificution andsupplcrncntat i 011.

4. Strategic environmental assessment reports

sh:d I ht-'. :!j1rn1i<;cd hy appr.iisa 1counci ls.

5. The head of an agency responsible for

appraising strategic environmental assessment

reports shall set up an appraisal council which

is composed of representatives of agencies

directly related lO cn vironruemul issues of a

strategy, master plan or plan. specialists and

other concerned organizations, including the

counc iI chairman. a vice chairman, if necessary;

one (1) secretary; two (2) counter-arguing

members and other members.

6. Brief strategic environmental assessment

reports may be appraised by collecting written

opinions and assessments of members of the

appraisal council.

7. When necessary. an agency responsible

for appraising a strategic environmentalassessment report shall:

al Survey the project area and its

neit,:hburhuoJ:

b/ Verify and evaluate information. data.

analysis results, assessments and predictions of

the strategic environmental assessment report:

cl Consult concerned socio-pol iti ca l

organizations, social or ganiz.ati ons, socio­

professional organizations and specialists;

d/ Hold theme-based assessment meetings or

special ists.

8. The J'din;~tt'Y of Natural Re.sourcc s and

Environment sha!l detail the appraisal ofstrategic environmental assessment reports.

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Article 8. Time limit for appraisal of strategic

en vironmcnt al assessment reports

1. The time limit for appraising a detailed

strategic environmental assessment report is

forty-rive (45) working days after receiving a

complete and valid dossier. For a strategic

environmental as~;e.';Sl1lent report to he appraised

by a provincial-level People's Committee, the

time limit is thirty (30) working days after

receiving a complete and valid dossier.

2. The time limit for appraising a brief

strategic environmental assessment report is

thirty (30) working days after receiving a

complete and valid dossier.

3. For a strategic environmental assessment

report to be re-apprai sed. the appraisa 1time limitcomplies with Clauses I and 2 of this Article,

Article 9. Responsibil ities or project ownersafter the appraisal of strategic environmental

assessment reports

I. W hen a strategic environmental

assessment report is approved or approved on

condition or modi fication and SLJ[1Plemcntation.

the project owner shall:

al Finalize the strategic environmentalassessment report on the basis or comments of

the appraisal agency:

III Finalize the strategy, master plan or plan

on the basis or comments of the appraisal

agency. Make specific explanations. if it has

different opinions;

cl Make written explanations about the

absorption of appraisal comments enclosed with

the revised strategy. master plan or plan and therevised and s u pp Ie me n t c d strategic

environrncnt ,11 assessment report and send them

to the appraisal agency.

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2. When a strategic environmental

assessment report is disapproved, the projectowner shall:

a/ Make anothc r strategic en vi ronrnenta I

usscs.srncnt report;

bl Submit a dossier of request for appraisal

of the strategic environmental assessment report

to the appraisal agency for appraisal.

Article 10. Reponing on uppra isa l results of

strategic environmental assessment reports

I An a p p rn isa l agency shall report on

apprai sal res ults of st rateg ic en vi ronmcnta I

assessment reports to an agency competent to

appraise and approve the strategy. master plan

or plan within fifteen (5) working days after

re c ei vi ng the rnod i fi e d ~\I1d supp le mc ntcd

dossier of a strategic envi ronmentul assess ment

report.

2. The report on appraisal results of a

strategic environ mental assessment report is one

uf the base-, (01 (he aP!JJaisal am] approval of

the strategy. rnasrcr plan or plan.

1. The Ministry of Natura l Resources and

Environment shall detail the contents and forms

of the appraisal report and minutes of theappraisal council meetings.

Article 11. Responsib il ities of agencies

appraising and approving strategies, master

plans and plans

An agency appraising and approving a

strategy. master plan or plan shall

comprchc ns i vc ly and o bject ive iy consider

proposal sand recomrncndati oris made in the

apprai sal report and strategic en viron mentalassessment report when appra i si ng and

approving such strategy. master plan or plan.

Issuenos OJ-DB/May 2011(Gong Beo nos 241-2421May4, 2011)

Chapter HI

ENVIRO;\fMENTAL I,\1PACTASSESSMENT

Article 12. Projects subject to en vironmentalimpact assessment rcponi Ilgand responsibil itiesof project owners for environmental impactclSSCS'Il1Cllt reporting

I. Projects subject to environmental impactassessment reporting are provided in ApJlt>ndix

II to this Decree.

2. A project GINner shall make. or hire aninstitution meeting the conditions provided inClause 1. Article 16 of this Decree to make. anen virnnmental impact aSS('.sslllcnt re-port for it,

investment project.

3. An environmental impact assessmentreport shall be made when:

aI The project location is changed',

bl The project is not implemented withinthirty-six (3C)) months after the issuance of a

decision approving the environmental impactassess ment report;

cI The size. capacity or technology of theproject is changed. resulting in increased adverseenvironmental impacts or scope of impacts.

Arttcle 13. Time of elaboration. submission

and approval of envi ronme ntn l impact

assessment reports

1. An environmental impact assessment

report shall he made concurrently with thefonnul anon of the mvest ment prolcet (I easibiIit)!study report).

:2 Tilt' time of submitting and approving an

environmental impact assessment report is

provided as follows:

a/ For a prospecting or mining project. the

project owner shall submit the environmental

Issuenos 07·08/May 2011(Gong Baa nos 241-242/May 4,2011)

impact assessment report before proposmg a

competent agency to grant or modify theprospecting or mining license. The decisron

approving an environmental impact assessment

report is a basis for a competent authority togrant or modify a prospecting or mining license;

b/ For an oil and gas exploration projectspecified in Section I or 2 of Appendix II to

this Decree. tile project owner shall submit thee-nvi rnnm--nt al impact assessment report heti)re

drilling for oil and gas. For an oilfield

exploitation project, the project owner shallsubmit the environmental impact assessment

report before the approval of the oilfield

development plan. The decision approving theenvironmental impact assessment report is a

basis for a competent authority to approve theoilfield development plan;

cl For a project with a work item subject to

construction liccnsi ng. the project owner shallsubmit the environmental impact assessment

report before proposing a competent agency togrunt or modify the construction lic cnsc, The

decision approving the environmental impactassessment report is a basis for a competentauthority to grant or modify a constructionlicense;

dl For u project other than those specified at

Points a, band c of this Clause, the project owner

shall submit the environmental impactassessment report before investment in the

project is decided. The decision approving theenvironmental impact assessment report is a

basis for making decision on investment in aproject.

Article 14. Consultation in the process ofenvironmental impact assessment reporting

I. When making an environmental impact

assessment report. the project owner {except the

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cases specified in Clause 1 of this Article) shall

consult:

aI The People's Committee of the commune.

ward or township (bel ow referred to ascommune level) in which the project is to he

implemented;

hi Representatives of communities andorganizations directly affected by the project

2.A project owner investing in a consolidatedproduction. business or service zone with ib

production, business or service line

unconformable with the sector and tradeplanning in the approved environmental impact

assessment report of such zone shall consult theagency having approved the environmental

impact assessment report in the phase of

bui Iding the zone's infrastructure facilities.

3. Consultation is not required in the

following cases:

aI An rnvestrnent project In a consolidated

production. business or service zone whose

environmental impact assessment report hasbeen approved by a competent authority in the

phase of bui Iding the zone's in fr astructurefacitiues. provided that this project conforms

with the sector and trade planning in the

approved environmental impact assessmentreport of such zone:

bl An investment project in a sea area forwhich the administration rcsponslbility has not

yet been assigned to any commune-level

People's Committee:

cl An investment project involving statesecrets.

Article 15. Consultation process andrequirements on inclusion ofconsultation resultsin environmental impact assessment reports

I. Consultation of the commune-level

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People's Com mince and represe ntatives of

communities and organizations directly affectedby d plOjL:C1 i~ conducted as fulluws:

a/ The project owner shall send to thecommune-level People's Committee andrcprescnt au vcs of communities and

organizations directly affected by the project awritten request for consultation together withbrief documents on the project's major

investment items. environmental issues andenvironmental protection solutions;

b/ When necessary, the commune-levelPeople's Committee may convenerepresentatives of orgu niz.at ion s and

communities directly affected by the project toa meeting. notify the project owner of the time,

place and participants of the meeting andtogether wirh the PlOjcCL owner chair suchmeeting within tell (I (I) working days after

receiving the project owner's written request forconsultation:

c/Results of the mecting between the projectowner, The consulted agency and involved

parties shall be recorded in writing. includingthe list of partie ipants and all discussed opinionsand opinions absorbed or not absorbed by the

project owner. The record must contain thesignatures of the prujl.:cl O\Vllel i cpre senuulvc

(with full name and title) and representatives ofinvolved parties participating in the meeting;

d/ Within fifteen (15) working days after

receiving a written request for consultation, thecommune-level People's Committee shall replythe project owner ill writing and make public

such reply. Pas! this time limit. if a consultedagency fails to send a written reply to the projectowner. it is regarded as agreeing with the projectowners investnu-ru plun ;

e/ Agreeing and disagreeing opinions of

Issue nos 07.DB/May 2011(CongBaa nos 241-24U.1ay 4. 2011)

con suitcd organ ization s and persons shall be

summarized and truthfully reflected in theen vironmental impacr assessmen t report.

2. Written opinions of consulted agencies andt lu: rncf'lill~ l"('cnrrl ,h:1I1 h,> cnpi,...rI and attached

JS an annex to the environmental impact

assessment report.

3. The Ministry of Natural Resources andEnvironment shall provide the form of requestfor r.onsultarion of involved parties.

Article 16. Conditions on environmentalimpact assessment report makers

1_ To mak e an environmental impact

assessment report, a project owner orconsultuncy service provider must fully meet thefollowing conditions:

J/ Having staff specialized in environmentwith five (5) years of experience. for university

degree holders, three (3) years. for master degreeholders. and one (I) year, for doctoral degreeholders;

b! HJving staff hold IIlg uruversny or higher

degrees in majors relevant to the project:

cl Having phyxic ai-tcchnic al foundations andspecial-usc devices for measuring, taking.processing and analyzing environmentalsamples. which meet technical requirements. In

case of unavailability of qualified special-uscdevices. having a contract to hire a capable

institution.

~. A consuliancy service provider that makesan cnvi ronmental impac t asscssrnent report shal Itake responsibility before the project owner andlaw for its informat ion and statistics <;:iven inthe environmental impact assessment report.

3. The Ministrv of l'\alural Resources andEnvironment slJail octad cond u ions OJl and

operation orgunizarion of consultancy service

Issuenos 07-0B/May 2011(CongBaa nos 241-2421lv1ay4. 2011)

providers ma k i nu environmental impact

assessment reports.

Article ]7. Contents of environmcnta l

impact assessment reports: dossiers of requestfor appraisal and approval of environmental

impact assessment reports

r. An environmental impact assessment

report contains the following major contents:

al Tndiratinrr nf the projec-t origin. project

owner. agency competent to approve thc project:

sources of information and data and use

methods: org a ruz at ron and process 01

environmental impact assessment reporting:

consultation of the community in the process ofenvironmental impact assessment reporting;

hi Listing and detailed description of the

project's activities and work items which likely

have adverse environmental impacts. indicating

the size in terms of space and time, r on-.truct ion

volume. operating technology ofeach work item

and the ent ire project;

cl General assessment of the current status

of the environment of the project site and its

n[~i[':hh(lrhn(1c1: lc ve l nf e n vi r o n rnc n t a l

sensitivity:

dl Assessment and prediction of the project'simpacts on natural conditions, natural

environmental components, the community andre luted soc io-economic e lcrnent s ; res ults of

consultation of the community;

el Proposal of measures to mitigate adverseimpacts on natural conditions. natural

environmental components, community healthand reia tcd soc in-economic clements:

f/ Listing of works and programs for

rnanagi ng and controll ing envi ron mental issues

in the course of' project implementation:

';!.I Estimation of' costs for construction of

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environmental protection works in the project's

total cost estimate:

ill The project owner's commitment to taking

en vironrnen tal protection measures in the courseof project c onstruc [ion and opel at iU11 proposed

in the environmental impact assessment report

and to obscr v mg other regulations onenvironmental protection related to the project.

2. A dossier of request for appraisal andapproval ofan cuv it Uill ucntal impact assessment

report comprises:

al ;\ written request for appra isal and

approval of the environmental impact

assessment report

hi The en viron mental impact assessment

report:

cl The investment project (feasibility study

report).

3. The Ministry of Natural Resources andEnvironmcnt shall detail contents of the

environmental impact assessment report; formof the written request fOJ apl-'laisal amI the

number of environmental impact assessment

reports of a project in the dossier of request fora p p ra is a l of the cnvironrnc ntal impact

assessment report: and elaborate and promulgatetechnical guidelines for making specialized

en vi ronrnental impact assessment reports.

Ar ticle 18_ Appraisal of environmental

impact assessment reports

I. Environmental impact assessment reportssha ll be appraised hy appraisal councils or

appraisal service providers.

") Responsibilities for a ppr.usal aten vi ronrncnta I impact assessment rer0rts arc

provided as follows:

aJ The Ministry (11' Natural Resources andEnviron rnent shall appraise environmental

14

impact assessment reports of the projects

provided in Appendix III to this Decree, exceptt hos.c involving ~CL"Uljt.Y· and defense secrets:

bJMinistries, ministerial-level agencies and

government-attached agencies shall appraiseenvironmental impact assessment reports or

projects under their re spccti vc deciding andapproving competence, except the projects

provided in Appendix III to this Decree:

cJ The Ministry of National J)efc>ll~e or tl1.:

Ministry of Public Security shall appraise

environmental impact assessment reports ofprojects under Its deciding and approving

competence and security- or defense-related

projects as assigned by competent authorities;

dJ Provincial-level People's Committees

shall appraise environmental impact assessmentreports of investment projects in ihci r Iocalitics.

except those provided at Points a. band c of

this Clause.

3.A council for appraisal of an environmental

impact assessment report is composed ofrepresentatives of management agencies directly

related to environmental issues of the projectand specialists. including the chairman, a vice

chair man, if necessary; one ( I) secretary; lWO

(2) coun tcr-argu i ng members and othermembers. Over 50Ck of the appraisal council

members must be specialized in environment

and other fields related to the project. For the

environmental impact assessment report of aprojects to be appraised by a ministry,ministerial-Ievet agency or govcrnmcnt-auachcd

agency, the appraisal council must be composed

of representatives of the provi ncial-ievel NaturalResources and Environment Department of the

locality ill which the project is to beimplcrncntctl.

4. When necessary, an appraisai agency may

Issue nos D7-Q8fMay2D11(GongBso nos 241-242!May4 2011)

carry out the following activities:

al Investigating and verifying informationand statisucs on the status of the environment

of the project site and its neighborhood;

bl Taking samples for u n a l y s i s and

verification;

cl Consulting the community of the projectsite:

dl Hiring specialists, social organizations orsocio-protessionat organ izat ions to give counter­

arguments to reported contents;

('I Hnldine thplllf"-hascrl a s s e s s me n t

meetings.

5. The Ministry of Natural Resources andEnvironment shall detail the organization andoperation of environmental impact assessmentreport appraisal councils :lIln service providers.

Article 19. Process ofappraisal and approvalof environ menta I impncr as se ssrnent reports

1, A project owner shall submit a dossier of

request for appraisal ofan environmental impactasscs srneut report to a competent agency

provided in Clause 2, Article I8 of this Decree.

2. A [tel I cn;i v jng such a dossier, an appraisal

agency shall check it. If tile dossier is incompleteor invalid, within five (5) working days, it shallnotify in writing the project owner to completethe dossi cr.

J. After receiving d complete and va l id

dossier. within the time limit provided in Clause

1.Article 20 of this Decree, the appraisal agencyshall set up an appraisal councilor select an

appraisal service provider, notify the projectowner to p:ly the fee for the :Jppraisal and noti fy

in writing appraisal results to tile project owner.

4. Oil the basis of the appraisal agency'snotice of appraisal results of the environmental

impact assessment report. the project OWllcr

Issuenos07-0e/May 2011(CongBaD nos 241-242/May 4.2011)

shall carry out one of the following activities:

al Making another environmental impactassessment report and submitting it to t he

appraisal agency for a pp ra i sa l , if itscnvironmeutul impuct assessmcnl report is no:

approved. The appraisa l time limit and

procedures are the same as for the first report;

hi Modifying and supplementing the

environmental impact assessment report andsub miu ing it to (Ill' appraisal agency for

consideration and submission to a competent

authority for issuance of an approval decision.if the environmental impact assessment report

is approved on condition of modification andsupplementation. The lime limit for

modification and supplementation of the report

is not counted in the time limit for appraisal andapproval of the environmental impact

assessment report;

c l Sending the environmental i m pac t

assessment report to a competent agency for

issuance of an approval decision underregulations, it the report is approved without

modification and supplementation.

5. Co m po t c n r agcncief; shall approve

environmental impact assessment reports within

the time Iimit provided in CI ausc 2, Article 20of this Uccree alter receiving complete and valid

dossiers.

Article 20.lnTIe h nnt lor appraisal and

approval of en vironmenrul impact assessment

reports

I. The t i me li mit for a ppruisi ng

environmental impact assessment reports isprovided as follows:

al Forty-five (45) working days afterrcc c i vinp complete und va lid d oss iers . for

cnvironnu.rual impact assessment reports III beappraised hy the Ministry ofNatural Resources

15

and Environment. and sixty (()(J) working days.

for projects with complicated environmentalimpacts:

bl Thirty (30) working days after receivingcomplete and valid dossiers. Cor environmental

impact assessment reports not to be appraised

bv the Min istrv of Natural Resources and. .Environment. and forty-f ve (45) working days,

for projects with complicated environmentalimpacts,

2. The ri me limit for approving an

en v iron men tal irnpuct assessment report isfifteen (IS) working days after receiving a

complete and valid dossier.

3. Tile lime ltmit (or appraisal and approval

of an environmental impact assessment report

does not include the time for the project ownerto fi nal izc the envi ronmental impact assessment

report dossier

Article 21. Certification and sending of

approved environmental impact assessmentreports

1. After issuing the decision approving an

environmental impact assessment report. theapproval agency shall certify such approval on

the bac k or the cover page or supp lemont coverpage of the environ mc nta l impact assessment

report and send the report to concerned agencies

under Clause 2 or this Article.

2. Certified en vir o n mcnt al impact

assessment reports and decisions approvingthese reports shul] he sc nt according to the

following provisions:

aJ The Ministry of Natural Resources andEn vironmcnt shall send one (I) copy of the

a Ppr 0 val dec is i011 tog e the r \\' it h thec nvi ronrncntu l impact asscssrncnt report to the

project owner and the provincial-level NaturalResources and Environment Department of the

16

locality in which the project IS to be

implemented: and the approval decision to theline ministry;

bl Ministries. ministerial-level agencies and2ovf'mmClll-;lllach,yj :1E'~nci~s ,hall send (11k' ())

copy of the approval dec ision together \\' ith the

environmental impact assessment report to the

project owner. the Ministry olNatural Resources

and Environment and the p ro vinciui-Ic vc l

Natural Resources and En vironme.nt

Department of the locality in which the project

is to be implemented. Fur projects involving

security and defense secrets, approval decisions

and environmental impact assessment reports

shall be sent under separate regulations:

cI Provincial-level People's Committees

shall send (J) copy uf the approval decision

together with the environmental i rnpact

assessment report to the project owner and thePl~ofllc's Commiltc~ of t he- district- town or

provincial city (below referred to as district

level) in which the project is to be implemented:

the approval decision to the line ministry and

the commune-level People's Committee of the

locality in wb i ch the project i~ to hi:

j mptemented: and one (1) copy of the approval

decision toget her with the en viron mental impactassessment report to the Ministry of Natural

Resources and Environment when so requested.

3. Pro vi nc ialf e vc l People's Comrnittces

shall copy from the originals of decisions

approving environmental impact assessmentreports sent trorn rmnixtrics. ministerial-level

agencies and govcrnment-auachcd agencies and

send these copies to di strict- Lind communc-lcvei

Peoples Cornrniuccs of the localities in which

project s are to he implemented.

4. The Ministry of Natural Resources und

Environment shall provide the forms of lhl'

Issue nos07-081May 2011(Cong Baanos 241·242/May4 2011)

approval decision and certification of

environmental impact assessment reports.

Article 22. Publicity or information on

projects with approved environmental impact

assessment reports

J" After an en vironmentul impact assessment

report i~ approved. the project owner sha l l

formulate. approve and publicly display its

environmental control plan at the office of thecornmunc-Ie ve l People's Committee of the

locality in which consultation ofthc communityis made for people',; information. cxumi n ut ion

and oversight.

2. The en vironmental control plan. \vhich isformulated based on the environmental control

program proposed in the environmental impactu,,;sess mcnt rc port , Lovers the follow j ng.

al Organization and operation of the project's

environmental protection section;

bl The project's plan on environmental

protection education and awareness raising;

d The rcspons: hil ities of the project owner

and constructors (ifany) for taking solutions and

rnca s urcs to mitigate adverse impacts and

prevent and respond to environmental incidents

in the project construction phase;

dl Pian Oil construction and installation of

environmental protection works:

cl Plan on control of ansmg waste sources ~

control of the surrounding environment and

other environ mental cont 1"01 issues d uri ng theconstruction and official operation of the

project.

A rt icle 23. Re sponsihilit ie s of project

owners prior to official project operation

I. T() take en vironll1enta! protect ion measures

during investment preparation and project

Issue nos07-08/May.2011(CongBaonos 241-242/May4. 2011)

construction: to conduct environmental

observation required by the decision aprrovingthe environmental impact assessment report.

2.To design. build and install environmentalprotection 1\ orl\.., , operate the project's Waste

treatment works on a trial basis: to take over

environmental protection works under law: toelaborate, approve and implcrncnt a plan to clean

the reservoir before retaming water. for a projectwith construction of u n irrigution or hydropower

reservoir,

3. To make a dossier of rcq ucst for inspectionand certification of appl ication of en vironrnental

protection works and measures for projectopcrut ion under Artic lc 25 of this Decree and

send it to the agency provided in Clause 1.Article 24 of this Decree for inspection and

certification before officially operating the

project.

4. To cooperate with and create favorable

conditions for the environmental protection

management agency to inspect theimplementation ofthe environmental control plan

and works and measures for environ mentalprotection and environmental incident prevention

and response; to fully provide project-related

information and statistics upon request.

5, During project implementation, if occurs

an incident udversc ly affecting environmentquality and conuuu nity health, to stop :.illproject

activities «tusing such incident; to respond to

and remedy the incident and urgently report itto the provrucial-lcvel en vironmcnt management

agency and concerned agencies of the locality

of the project site for direction and coordinatedsettlement.

Article 24. lnspection and certification ofenvironmental protection works and measures

prior to official project operation

17

l . The agency approving an environmental

impact assessment report shall carry out thefollowing acti vities for the project of whichit

has approved the en viroume.nt al impactusse.ssmcnt report:

a/ Inspecting and cCl1ifying the application

of envi ronrncnral protection works and measuresfor project operation under Articles 25, 26, 27and 2S of this Decree:

bl Inspccnng tile upphcat ion of environmental

protection measures in the investment preparation

and project construction phases when necessary.

2. The agency approving an environmental

impact assessment report may assign itsp['ofessional environmental protection agency

to carry out the activities provided at Points a;In<1 h. Cluu-,e 1 of this Article (below referred

to as the inspection and certification agency).

3. For a project with multiple investmentphases whose owner wishes to officially operate

some work items before the project constructionis completed, the i nspe.ction a nd certification

agency may inspect and certify the application

of environmental protection works and measuresfor the opcrat ion of those work items at the

requcst of the project owner.

4. The Minisuy of Nut ural Resouices and

Environment shall detail the inspection and

certification of application of environmentalprotection works and measures for project

operation; and f ormul ate and promulgatespecialized technical guidelines for such

inspection and certification,

Article 25. Dossier of req ucst for i nspection

and certification ofapplication ofenvironrnental

protection works and measures for projectoperation

l , Wrirt cn request for inspect ion and

18

certification of application of environmental

protection works and measures for projectopcrauon.

2. Copy of the approval decision togetherwith the environmental impact assessment

report.

3. Report on application of environmentalprotection works and measures for project

operation provided in Article 26 of this Decree,which clcariy describes the size, process and

technology of waste treatment: changes from theplan stated in the approved environmentalimpact assessment report.

4. Annexes to the report on application ofenvironmental Plotcction works and measures

for project operation, including a drawing on

complete construction and results of trialoperation of waste treatment works; certificates

and recognition of imported or commercial izeduniform waste treatment equipment; notices of

sample measuring and analysis; take-over test

records and other documents related toenvironmental protection works and measures.

Article 26. Environmental protection worksand measures for project operation

L Wastewater collection and treatmentworks. equipment and measures proposed in theenvironmental impact assessment report.

2. Works. equipment and measures for storage.

collection. transport and treatment of hazardous

waste and ordinary solid waste proposed in theenvironmental Impact assessment report.

3. Works. equipment and measures forcollection and treatment of dust and emitted gas

proposed in the environmental impactassessment report.

4. Works. equipment and measures to

mitigate adverse environmental impacts not

Issuenos 07·0B/May 2011(Gong Bao nos 241·242iMay 4.2011)

related to waste: works. equipment and plansfor prevention of and response to environmentalmcrderus and other cnvi ronmcntal protection

works. measures and technical solutions.

Article 27. Process and time limit for

inspection and certification of application ofenvironmental protection works and measuresfor project operation

1. An inspccrion and certi fieation agencyshall examine a dossier of request for inspectionand certification ofapplication ofellvironmental

protection works a nd mea" ures for proj ect

operation sent by the project owner: and makea written notice within five (5) working daysafter reccrving the dOSSIer it the dossier isinvalid.

2. An in speer ion and certi Iicuti on agency

shall inspect environmental protection works

and measures for project operation applied bythe project owner under Article 28 of this Decreewithin twenty (20) working days after receiving

a complete and valid dossier. If the project fai Is

to meet conditions for certification ofapplication of environmental protection worksanti measures for project operation. theinspection and certification agency shall send anotice to the project owner within five (5)working days after having inspection results.

3. The project owner shall redress paper andpracticul problems as requested by the inspectionand certification agency in its notice: finalize thedossier of request for inspection and certificationof application of environmental protection works

and measures for project operation and send it tothe inspection and certification agency forinspection and ccrtificaiion.

4. Whe n necessary. the inspection andcertification agency may re-inspect

environmental protection works and measures

Issue nos07-DB/May 2011(Cong Baonos 241-242/May 4. 2011)

a ltcr the project owner redresses problems.

5. The inspection and certification agencyshall issue a certificate of the project owner's

appl icati on of en viron mental protection worksand measures for project operation or a writte n

refusal clearly stating the reason within five (5)

working days after receiving the dossier ofrequest for inspection and certification ofapplication of environmental protection worksand measures for project operation re-submittedby the project owner

Article 28. Process of inspection andcertification of application of environmental

protection works and measures for projectoperation

I. An inspection and certification agencyshall examine a dossier of request for inspectionand certification of application ofenviron mental

protect ion work s and measures for proj ectoperat ion sent by t lu: project owuet allJ conduct

physical inspection of those works and measures

through an inspection team set up by theinspection and certification agency.

2. Dcpendi ng on the type. size and nature ofthe project and prar ucal conditions, act ivit ie»of an inspection team include:

al Mcetinj; to evaluate and discuss aboutenvironmental protection works and measuresfor project operation applied by the projectowner;

bl Inspecting the actual status of environ­mental p rotect io n works and measures for

project operation applied by the project ownerand related technical solutions and equipment:

cl Each [earn member studying The dossierand writing comments and evaluations ofenvironmental protection works and measuresfor project operation applied by the project

owner:

19

d/ Making a general evaluation report onphysical inspection of environmental protectionWOI"ks and measures for project operation

applred by the project owner.

~. When ncc e s su ry, I he i n spect i 011 and

certification agency may carry out the following

activities:

al Consulting or hiring specialists orinstitutions to evaluate environmental protectionworks and measures for project operation

applied by the project owner;

bl Verifying the project's environmentalanalysis results provided by the project owner

through licensed environmental measuring,samp ling and COI1SUltdl1CY institutions.

4. Results of dossier and physical inspection

of environmental protection works and measuresfor project operation applied by the project

owner shall he written in an inspection recordwith the siguatures, full names and titles of the

inspection team head and the authorized

represcntati ve of the project owner.

5. The inspection and certification agency

shall issue a certificate of application ofcu vir oumemul pi ot ectiuu works arul measures

for project operation on the basis of the

inspection record 311d results of the activitiesprovided in Clause 3 of this Article, if any.

6. The certificate of application ofenviru nrucntal protection wen ks utili measures

for project operation serves as a basis for a

project owner to officially operate the projector a number of completed work ite rns, if theproject is invested in multiple phases. ThisCCI1i ficatc is a basis for competent stute agencies

to license huza rd ou s waste treatment and

destruction and wastewater discharge i1110 watersources.

7. The Ministry of Natural Resources and

20

Environment shall provide the forms of

documents related to the inspection andcertification of project owners' app lication of

environmental protection works and measures

for project operation.

Chapter IV

ENVIRONMENTAL PROTECTION

COMMITMENT

Article 29. Suhjects of environmental

protection commitment making and registration

1. Investment projects with nature, size andcapacity outside the list or below the level set

in the Jist provided in Appendix II to this Decree.

2. Production, business and service activities

not subject to investment project formulation

but with'arising production waste.

Arti<:,lc 30. Contents and registration dossier

of a written environmental protectioncommitment

1. A written environmental protectioncommitment for an investment project covers:

a/Brief introducti Oil of the project. includingname and.address of the project owner; project

name and location; production size, capacity and

technology: quantity and type of materials andfuel used during project implementation. The

project owner shall take responsibility for the

accurac y and completeness of declaredinformauen and statistics;

hi Arising waste: Maximum volume andconcentrat ion of each type of waste. if any;

c/Cornrnitrnent to taking measures to reduceand trc a t waste and to observing the

environmental protection law.

2 A wrirt e n e nvironrnc ntul protectioncommitment for production. business or service

activities not subject to investment project

Issuenos 07·08/May 2011(CongBso nos 241-242/May 4.2011)

formulation covers:

al Brief introduction of tile production.business or service plan. including name and

address or the establishment owner; place ofimplementation: production size or type ofbusiness or service: quantity and type of

materials and fuel used during operation. Theestabiishmcnt owner shall take responsibility for

tile accuracy and completeness or declared

information and stat istics;

hi Arising waste: Maximum volume and

concentration of each type of waste. if any:

c/ Commitment to taking measures to reduce

and treat waste and to observing theenviron me nra l prnlpctinn law

3. Tile registration dossier of a written

environmental protection commitmentcomprises:

al The written environmental protectioncommitment:

bl The investment project (feasibility study

report) or the production or business plan.

4. The Ministry of Natural Resources and

Environment shall provide the form of thewrrtten environmental protection commitment.

Article 31. Time for written environmentalprotecnon commitment registration

J. For a prospecting or mining project theproject o w n c r :;hull regi:itcr the written

environmental protection commitment before

proposing a competent agency to grant ormodify a prospecting or mining license.

2. For an oil and gas prospecting project. theproject owner shu ll register the written

environmental protection commitment beforedrilling for oil and gas.

3. Foran investment project with work items

subject ((1 construction licensing. the project

Issue nos 07-08/May 2011(Cong Baa nos 241-242/May 4.2011)

owner shall register the written environmental

protection commitment before proposing acompetent agency to grant or mod ify a

construction license.

4. For u project or production. business or

service activities other than those provided in

Clauses I. 2 and 3 of this Article. the projectowner or establ ish rncnt owner shall register the

written environmental protection commitmentbefore carrying out investment. production or

business activities.

Article 32. Written environmonta l protection

commitment registration

I. District-level People's Committees shallconduct the registration of written

environmental protection commitments.

2. In the following cases. a district-level

People's Committee may authorize a commune­

level People's Committee to conduct theregistration of written environmental protection

commitments:

al PrOOUClJon. business 01' service activities

are to be carried CHit within one (1) commune

and arc not subject to investment projectformulation (feasibility study report);

bl The investment project is to beimplemented within one (1) COIl1lll11nC without

waste arising during its implementation.

3. For '-111 investment project or production.

business or service activities to be carried out

in two (2) (JI' more districts, the project owneror establi shmcnt owner may register the written

environmental protection commitment at themost r o nvr-n irn t rl i ct r ic t-Tr-v rl P,'olJlr',

Committee.

4. For an investment project to beimplemented ill a sea area for which the

administration responsibility has not yet been

21

assigned to any di s tri ot-Ic vel People's

Committee. the project owner shall register thewri ttcn cnvironrncnta I protection commi tment

at the district-level Peoplcs Committee or thelocality at whir-h the projcrt's wastt' treatment

and discharge arc registered. If such project does

not have waste to be brought to the inland forrecycling. re-use, treatment or discharge, the

project owner is not required to register the

written envi ron menta I protection commitment.

Article 33. Process of written environmental

protection commitment registration

1. A written environmental protection

commitment shall be registered as follows:

aJThe project owner or establ ishment owner

shall submit the registration dossier of a writtencn vi ronrncnta l protection commitment to a

competent agency provided in Article 32 of this

Decree:

bl Within five (5) working days after

rec ci ving a dossier. a competent agencyprovided in Art iele 32 of th i.s Decree shall notify

in writing the project owner of its acceptance

or refusal of the dossier. In case of refusal. itshall clearly state the reason.

2. The Ministry of Natural Resources andEnvironment shall pr ov idc the form of notice

of acceptance or refusal of a registration dossier

of a written environmental protectioncommitment.

Article 34. Sending of registered writtenenvironmental protection commitments

I. For a written cnvironmerual protection

cummiuneut regisrer-ed at a d: strict-level

People's Committee: Within tWO (2) working

days. the district-level People's Committee shallsend one (I) copy of the registered written

en vironrnental protection comm iuncnt to the

22

project owner. district-level cn vironrnc ntal

protection management agency and commune­

level Pcoplcs Committee of the locality III

which the investment project or production.

business or service activ'lties is/are to be carriedout. and to concerned district-level People's

Committees. if such project or activities is/areto be carried out in two (2) ur IIIOIC Ji~triLl~.

2. For a written environmental protection

commitment registered at a comrnunc-lcvcl

People's Committee: Within two (2) workingdays, the commune-level People's Committeeshall send one 0) copy of the rCgi~tell:d wr iuenenvironmental protection commitment to theproject owner and the district-levelenvironmental protection management agency.

Article 35. Responsihilities of projectowners after written environmental protection

commitment registration

1. To take measures 10 mrugate adverse

environmental impacts stated in the registered

written environrnental protection commitment.

2. To Slop operations and promptly report tothe commune-level People's Committee anddistrict-level People's Commiuee of the locality

in which the project is to be '1 mplcmented ford irection and coordi naied settle rncnt whenoccurs an incident exerting adverse impacts on

the environment quality and community healthduring project irnplernentat ion or production andbusiness operations.

3. To cooperate with and create favorableconditions and provide relevant necessary

information for the environmental protectionstate rna n a g c me n t agency 10 conduct

supervision. examination and inspection Juringinvestment project imp lernontat io n orproduction and bus mess operat ions.

4. To make another written environmental

Issue nos07.0B/May 2011(Cong Baa nos 241-242/May 4,2011)

protection commitment for the investment

project or production, business or serviceactivities in tile following cases:

al Change of location of the project orprod Ilclion, business or service acti vi lies;

hi Failure to carry out the project orproduction, business Orservice activities withintwenty -four (24) months after register: ng the

written environmental protection cornrnitment;

el Change of size, capacity or technology.

res ulti ng in increased adverse envi ronmcntal

impacts or scope of impacts.

5. When an investment project or production,business or service act ivit ies change its/theirnature or size to an extent that requires

environmental impact assessment reponing as

provided in Appendix II to this Decree. theproject owner or establishment owner shall

make an environmental impact assessmentreport and submit it to a competent authorityprovided in Article 18 of this Decree forappraisal and approval under regulations.

Article 36. Responsibilities of state agencies

in charge of written environmental protectionc.orurninncut Icgi~tli!tiull

J, To inspect the app] ic at ion ofenvironmental protection rllt~:ISlln'S ,1:JIt'r/ in

registered written environmental protection

commitments and the observance of current laws011 environmental protection during investmentproject implementation or production. business

or service operations.

2. To receive and process proposals andrecommendations of project owners.c xt a hl i sh rncnt o wne rs or concernedorganizations and individuals related to theapplication of environmental protection iscues

and measures during i nvc st ment project

implementation or production, business or

Issue nos07-0S/May 2011(GongBaG nos 241-2421May 4,2011)

service operations,

3. To coordinate with project owners andproduction and business establishment ownersin promptly remedying incidents occurringJuring invcstrncnt project irnp lernentut ion und

production and business operations,

Chapter Y

IMPLEMENTATION PROVISIONS

Article 37. Financial regimes applicable tostrategic environmental assessment,c n v i ro n m c n ra l impact a s sc s s rnc nt un d

environmental protection commitment

I. The financial regime app lic ab lc tost rategic envi ron mental assess rne nt is asfollows:

al Funds for making strategic environ mentalassessment reports shall be included in the fundsfor formulation of strategies. master plans and

plans allocated from the state budget foreconomic non-business activities and othersources. if any:

bl Funds for appraisal of strategicenvironmental a ssc ssrnent report, .,hall he>

allocated from the environmental non-businessfunds.

2. The financial n:gime applicable toenvironmental impact assessment is as follows:

[lJ Funds for Ilwking cnvi roruncntul impact

assessment reports shall be allocated fromproject owners' investment funds;

b/ Funds for appraisal of environmentalimpact assess mcnt reports shall be allocatedfro rn collected fcc:; for up pr a i su l of

environmental impact assessment reports:

cl Funds fur inspection and certification ofproject owners' appl icat:on of env ironmental

protection works and measures shall be allocated

23

from tilt: environmental non-business funds.

3. The financial regime applicable toenvironmental protection commitment is asfollows:

al Funds for making written environmentalprotection commitments shall be allocated fromproject owners' investment funds;

bl funds for inspection of application of

environmental protection measures stated inwritten environmental protection commitmentsshall he allocated from the environmental non­business funds.

4. Responsibilities for guidance:

a/ The Ministry of Finance shall assume theprime responsibility for. and coordinate with theMinistry of Natural Resources and Environmentin. guiding Points a and h, Clause I, Points h

and c. Clause 2, and Point b. Clause 3, of thisArticle;

bl The Ministry of Natural Resources andEnvironment shall assume the primeresponsibility for, and c oo rd i nute with the

Ministry of Planning and Investment in. guidingPoint a. Clause 2. and Point a. Clause 3, of thisArticle for state budget-funded investmentprojects.

Article 38. Reporting reg imc

I. District-level People's Committees shallhian nually submit to provincial-level People's

Committees reports on registration and inspectionof realization of written environmental protectioncommitments: registration of simpleenvironmental protection plans in localities undertheir management. The dc ad l ine for report

submission is provided as follows:

al Before July J() of the year ofimplementation. for the first rcpurt:

hi Before January j () of the subsequent year,

24

for the second report.

2. Before January 15every year. provincial­level People's Committees shall submit to theMinistry of Natural Resources and Environmentreports on appraisal of strategic environmental

assessment reports', appraisal and approval ofenvironmental impact assessment reports;registration at wntten environmental protectioncommitments; inspection and certification ofen vironmental protection works and measures;appraisal.approval, inspection and certificationof implementation of detailed envir-onmentalprotection p)all~; and reg i~tl at lou and inspecuon

of the implementation of simple environmentalprotection plans of the previous ye;lr in localitiesunder their management.

3. Before January 15 every year, ministries(except the Ministry uf National Defense andthe Ministry of Public Security). ministerial­

level agencies and government-attachedagencies shall submit to the Ministry of NaturalResources and Environment reports on appraisalof strategic environmental assessment rcports ;

appraisal and approval of environmcntal impactassessment reports; and inspection andcertification of cnv ironrnenta I protection worksand measures of the previous year ill the sectorsunder their management.

4. The Ministry of Natural Resources andEnvironment shall detail the contents and formsof the reports provided in Clauses L 2 and -' (ifthis Article,

Article 39. Transitional provisions

I, Dossicrs of request for appraisal ofstr atcg i« cn vu un ruern a l a ssessutcn: reports:

appraisal and approval of cnvironmerual impactassess rnent reports; appraisal and approval ofsupplemented environmental impact asscssmcm

reports; inspection and certification of the

Issue nos 07-08/MaY1Q11(Gong Baa nos 241-242!May 4,2011)

implementation of reported contents andrequirements stated in decisions approvingenvironmental Impact assessment reports;registration and cenification of wr ii tenenvironmental protection commitments: andcertification of supplemented wr rtre nenvironmental protection commitments receivedby competent agencies before the effective dateof this Decree shall be considered and handledunder the Government's Decree No, 80/2006/ND-CP of August 9, 2006, detailing and guidi nga number of articles of the EnvironmentalProtection Law. and the Government's Decree

No, 21/2008/ND-CP of February 28, 201l8,amending and supplementing a number ofarticle s of Decree No. 80/2006/ND-CP ofAugust 9, 20()() , detailing and guiding a numberofarticles of the Environmental Protection Law,

2. Consolidated production, business or

service zones or production. business or serviceestablishments whose environmental protectionplans have been approved shall report to theagencies approving those plans for consideration

and certification of the implementation ofenvironmental protection issues stated in theenvironmental protect: on plans under theapplicable law at the time such plans wereapproved,

3, By the effective date of this Decree,consolidated production, business or servicezones or production, husine ss or service

cstahl ishrnents that fail to obtain decisionsapproving e nvironme nta) impuct aSSCSSl1lCllt

reports. decisions approving supplementedenvironmental impact assessment reports,registration ccrt ir icatc of cnvuonmeut a I

standard conformity, written en vironmcrn alprotection commitments. or decisions approvingOf written certification or environmentalprotection plans shall, in addition to being

[ssue nos07-08/Mll-Y.lQll(Cong Bso nos 241-242iMay4. 2011)

handled for their violations under law. take

either of tile following remedies within two (2)

years after tllC effective date of this Decree

al Making a detailed environmentalprotection plan, fur establishments with size and

nature similar to the subjects of environmental

impact assessment reponing under this Decree.and submit it to a competent agency provided

in Clause 2, Article 18 of this Decree forapprui sa l and approval;

hi Making a simple environmental protection

plan. for establishments with size and naturesimilar to the subjects of written environmental

protection commitment registration under thisDecree. and submit il to a competent agency

provided in Article 32 of this Decree for

reg istration.

4. Consol idatcd production. business or

service zones or production. business or serviceestablishments with approved environmental

impact assessment reports. which have officiallyoperated but fail to obtain written certrficution

of the implementation of reported contents and

requirements of decisions approvingenvironmental impact assessment reports, shall.

in addition to heing handled for their violationsunder current l.iw, suhmi: :t dossif'.r of rr-qur-s t

for certification of applied environmental

protection works and measures to a competent

agency provided inArtie Ie 26 of this Decree for

inspection and certification. within two (2) years

after the effective date of this Decree. Contentsof the dossier of request for inspection and

certification ofenvironmental protection works

and u rcus urcx. PIUCl:~~. lillie limit and method

of inspection and certi fication of en vironruentalprotection works and measures comply with

Articles 24.25,27 and 28 of this Decree.

'i. Deru ilcd and simple environmental

25

protection plans serve as a basis for

imple men tat ion by con sol idatcd production,bus incss or service zones or prod uct ion ,

business or service establishments and forf'X;llllin:llio!1 incpert ion :Ind violation handling

by concerned state management agencies.

(J. The Ministry of Natural Resources andEnvironment shall detail the formulation,appraisal. approval. inspection and certificationof the implementation ofdetailed cnvirnnrnontnl

protection plans; and the lormrn.ation andregistration of simple environmental protectionplans.

Article 40, Effect

This Decree takes effect on June 5, 201Land replaces Articles 6 t hru 17 of theGovcrnments Decree No. 8011006JND-CP of

August 9, 2006. detai ling and guiding a numberofarticles of the Environrnenta IProtection Law;and Clauses 3 thru 10. Article 1 of the

Government's Decree No. 2l/2(J08/ND-CP of

February 28. 2008. amending andsupplementing a number of articles of DecreeNo. 80/2006/ND-CP of August 9. 2006.detui ling and guiding a number of art iclcs of

tile Environmental Protection Law.

Ar-ticle 41. Implementation rcsponsibifities

1. The Ministry of Natural Resources andEnvironment shall guide and organize theimplementation of this Decree.

2. Ministers. heads of ministerial-levelagencies, heads of government-attachedagencies and chairpersons of provincial-levelPeople's Committees shall impl ement thisDecree.

On be/wlfor/lic (;O\'cnllllCIl!

Prime MunsterNGUYEN TAN DUNG

26 Issue nos 07-0B/May 2011(Cong Baa nos 241-242/May 4. 2011)

Appendix I

List of strategic projects and master plans subject to detailed strategicenvironmental assessment

(To tI,C COl'CrnlllclIl's Decree No, 2<J1201 IINfJ-CI' ojApril 18. 201 I)

A Strategic environmental assessment reports incorporated in strategies, masterplans and plans

I Socio-economic development strategies and master plans

I National socio-economic development strategies

II Development strategies and master plans of national-level sectors and domains

1 Development strategies on industry. agriculture and rural development. transport,construction. touns m and hea lth (tncludinu also sub-sectors of these sectors and domains)

2 Development master plans on industry. agriculture and rural development. transport.construction. tourism and health other thun those provided in PUr( B of Appendix TI

III Master plans on inter-provincial river basins

B Separate strategic CIlVil'UIlJllcn[al assessment renorts

I Socio-economic developmcn t strategies and master plans

j Socio-economic development master plans of socio-economic regions. key econorruc

regions. economic regions, economic corridors and economic belts

2 Socio-economic dcvcloprnont mas.tcr plans of provinces and ccntruliv run cities

II Development master plans of national-level sectors and domains

1 Development master plans Oil clcct ric itv. hydropower, thcnuopuwcr , atunric cnergyand nuclear power; oil and gas exploitation, petrochemistry paper; basic chemicals,fertilizer. plant protection drugs; rubber: textiles and garments; cement: steel; miningand pJ(JCc~~iJlt' of coa], irun orcs. tin. aluminum. wolfram, antimony. titanium, gold.rare earth and other radioactive minerals

2 Develornnent master pIans on ;J;'rjculllln~, forcstn fixherics and irrigation

3 Development master plans 011 road. railway, seaway. waterway, port and aviationinfrastructure faci iitics

4 Development master plans on urban centers. construction materials. solid wastemanaucrncnt and hazardous waste !Tlanagelllcnt

5 Dcvcl oprncnt rnastc r I'll ans on (Juri Sill and Qolf courses

(l Development master plans 011 !J\):,pital networks

7 Development master plans on economic zones. industrial parks, export-processingZOnes and hi-teeh zones

~SJd!Lnos OJ-08/May 2011(GongBao nos 241-242/May 4,2011)

27

I~--' ,------- --'----------------

III Master plans on land lise, forest protection and development and exploitation andU<;I' of Iltlwr l1:-1tur:-ll l'I'<;llllI'('(-'<; 011 i ntc r-p ruvincral (),- .regionul seal e

1 National and regional master plans on land use

:2 1\1a,;I<:I' plans on forest protection and development in :2 or more provinces

3 Master plans on exploir.uion and use of surface water. ground water and minerals in 2or more provinces

C Other strategies, master plans and plans as directed by the National Assembly,the Covcrnment and the Prime Minister

Appendix II

List of projects subject to environmental impart assessment reporting

(to tli« Gnvr-rnmcnt'« Decree No. '}. 91201JlND-Cl' o/Apri/ 18, '}.()11)

Size

All

-

All'VC~:

.--~---~- - - -

and V/ith all area of') haor IJl'!.!er

han With a length of 5km or longer

With a clredgillg areaof I ha or Ialger

k s . All

mcs.led

--

With CI husilless areaof 'iOO Ill' or larucr

- -- -,-~~-,~---

le-:? All

( L1r

ten;

r--

;-"'0. Projects

I Projects in which investrnc nt is decided by the NatiorAsscmbl v or llie Prime Minister

2 Projects using land of nature reserves; national parks:hixt ()]'ic ;11~C 111111 r, II n·fin' world hcrit:lgc~', hios phe re r,

and ranked landscapes and scenic places

-._- -~-~ Coust ruction projects_

J Projects 10 build technical infrastructure of urban ccnresidential JI'eJS

4 Projects to build or upgrade water drainage systems 0

and residential areas:

)'( oj lTl.s tu ellt.:ugc l:iJl)cll.s. i i vel s uud rexcrvoi rs

.'i Projects to build l<'cilnical infr:rstrlH'llln' of iIHhl',lri:r1hi-tech zones. industrial complexes. cxport-proccs sintrade zones. traditional craft villagcs and other consulprod Lie! ion and husiness zone,-- ~-

() Projects to build supcrmarkctx and trade centers

-~-_.- 'I-----~--------- -

7 rn~jcC[s (() hui Id whoksak murl«:ls c\l1d grade' I ,1I1(J (

l markers i11 ci(ie,;, town sand tU\\llsllips----

28 Issue.nos 07-08/May 2Q1!(Gong Beonos 241·242/May4 2011)

- ------~

8 Projects to build hospitals All

9 Proj ects to DU iIJ luborutories with hazurdou» waste ari s: ng Allfrom test i 11 I! act ivities

10 Projects to build dormitories and condominiums For S(X f tenants or 100households or more

II Projects to build tourist service, spUrlS and recreational centers With all area (If 5 haand l';olf course.. or l.irccr

12 Projects to build tourist lodgings With 50 roo.us ormore

- - - -

13 Projects to build other tourist service centers (comprising With <I dailyinfrastructure facilities and physical foundations) wastewater volume

of 500 Ill' 0 r more

14 Proj cct s to huiId cemeteries (for burial. inci ncration and other Allfornix)

..-. ---,,- -

15 Projects 10 build works with basements With ad eplll of 1() 111

~~-

_~Ir deeper

t6 Projects (() build fighting works, military training centers. Allshooting ranges and defense ports: military depots; anddefense-economic zones _.

Construction material projects

17 Projects to build cement plants All

Projects to build clinker plants With an annualcapacity or 5(XJ.(XX)toux of clinker or more.- _.

18 Projects to build clinker grinding and cement production With all annualestahl dlllll'nt,<, capacity of !(X)J)()()

tons of cement or more

19 Pl'qjccts ((J build brick. roofing tile and fibre-cement sheet With annual capacityr h n t s of 10 mil/ion standard

brirks or roofing tilesor more or 5(X},(XXJ Ill'

(>f roofiw' fibre-00>

cement sheets or more

2(J I'rojc'lls to build establishments producing flooring and With all annualwalling tiles of <III types cap<Jcity or S(X).()()(J

m- or more--21 Projects to build c.(Jahli,hlllcnl.'; prodllcin,l! other cunsr ruct ion \Vith <Ill annual

SLillplil'S and materials capacity of SD.(X)() lOIl.s

----- nC'prllducts or more

Issue nos 07-08/May 2011(Gong Beonos 241-242/May 4. 2011)

29

Transport projects

77 Projects to build underground transport works All--(metros and tunnels):

With a length of .')O() III orProjects to~l~ cahl~ cars longer ---._---

23 Projects to build automobile highways and Allautomobile roads from grade 110 III: overheadrailwavs: and airports _.

24 Projects 10 renovutc :llld upgrade auto mohile Allhighways, automohile roads from grade I to Ill, andrailwa vs

25 Projects to build grade-Iv and -Y automobile roads With a length (If IO() krn orlonucr

~~.__...

26 PI lljcLls III build mild .uul ra il bridgc;, With a lellgtll uf 2()() III 01

-longer (exclLld~n~~ feeder roads)

27 Projects [0 build river- and sea port s For receiving shills of 1,(Jon

.-DWT or larger

28 Projects to build fishing ports and wharves Receiving daily 50 tons of fishor more

29 Projects to build car terminals Wit h an area of 5 ha or larger

30 Projects to produce hot asphalt concrete With a daily capacity of 100tons of produt.:ts or more

Power and radloactlvlty projects-

31 Projects tn build nuclear reactors; nuclear power Allplants a!.lcl thermopower plants

co') Projects In build production, business and service All.,-c,!ahll,hrlll.'llts lI~lllg rud iouct ivc suhs tanccv or Ilith

arisi ng.radioJCli ve waste -

13 Projects tn build wind power and photo-electric Using J()() hu of land or waterpower pl.ants surface or 1110r'(:

34 Projects (tl build hydro-power plants With reservoir cap"L,"ty ofroo.()()() ru

,oj" \1 <lICI or II lure ur

with a capacity of I t\1Wormore

>.----_.- ---_ .._- ..,----~

35 Projects IU build clcctricit ; transmission line« and or 110 kV (\1' hi~hl'r

pll\\t'r ,lal ions.~---_._~------------.'._--

30 Issue nos 07·0B/May 2011(CongBaD nos 241-242/May 4,2011)

36 Projects to manufacture electric wires and cables With an annual capacity of

~--

10,000 tons of products or more

Electronics and telecommunications projects

37 Projects 10 build radio transcelvcr stations a rul wu. J. capacity uf 2"Will

telccomrnunicati ons transcei ver stat ions 1110re

38 Projects to manufacture electric and electronic With an annual capacitv (Ifdevices 10,000 units or more

39 Projects to manufacture electric and electronic With an annual capacity of 500components tons of electric compuneills and

100.000 electronic componentsor more

40 Projects to hui ld relecornmun ications routes With a length of JOO kill orlonger

Projects on irrigation and forest and agricultural land usc

41 Projects to build reservoirs With a capacity of I00.000 1l1~

uf water 01 more

42 Projects to build irrigation and water supply and Irrigation and water supply anddrainage works for agricultural. forestry and fishery drainage for an area of 100 haproduction or larger

43 Construction projects encroaching sea area,'; With a coastal beltway of 1.000[11 01 kJlJgu or eucruach iru a

'"sea area of .5 ha or larger

44 Projects to build dykes and sea and river With a length of I.()()O In orembankments longer

45 Projects which change use purposes of forest areas With an area of.5 ha Dr larger. foror areas under I wo rice crops pCI' year watershed protection forests.

wave-sheltering protection forestsand special-use forests; 10 ha orlarger. fur natural forests: 50 haor larger. for other forests; and 3ha or larger, for areas under tworice crops per veal'

46 Projects to grow and exploit forests With a forestation area of 1.o(K)ha or larger; cxploilalinn of;1

forest area of ~O() ha or larger. forplanted forests. V) ha Dr larger.for natural production forests.and lO ha or IClrg~r. for natura]protection forests

Issue nos07·08JMay 2011(CongBee nos 241-242/May 4, 2011)

31

47 Projects to build industrial crop zones and With an area of 50 ha or largerconsolidated zones for vegetable and flowerplantation (including abo re-cultivaiion projects)

Mineral prospecting, exploitation and processing projects

48 Projects to exploit materials for ground leveling With an annual capacity of100,000 m) ofprirnary

materials or more

49 Projects to exploit sand or dredge river beds to With an annual capacity ofacquire materials for ground leveling and 50.000 m

1of primary materials

construction or more

50 Projccr s to expl uit sul id minerals (without using With an annual mining volumehazardous substances. chemicals or industrial (including minerals and earthexplosive materials) and rock waste) 50.000 m~ of

primary matenals or more

51 Projects to explore rare earth and radioactive Allminerals: projects to exploit and process solidminerals using: hazardous substances. chemicals orindustrial explosive materials; projects to processand refine ferrous metals. radioactive metals andrare earth

52 Projects to process solid minerals without using With an annual capacity ofhazardous substances or chemicals 50,000 rn' of products or more

With an annual discharge of500.()OU m' of earth and rocksor more, for coal sorting

5:1 Projects to exploit water for supply to production. With a daily capacity of 5,000business, service and daily-life activities rrr' of ground water and 50,000

ITIl of surface water or more

54 Projects to exploit (ground or surface) mineral With a daily capacity of 120 m\water and thermal mineral water of water or more, for bottling;

and 500 m' of water or more,for other purposes

55 Projects to sort and enrich rare earth and With an annual capacity ofradioactive minerals 1.000 tons of products or more

Oil and gas projects

5() Oil and gas exploitation projects All

32 Issue nos a7·D8/May 2011(Cong Beonos 241-242/May 4. 2011)

57 Projects to build oil refineries (except those on LPG Allfilling and lubricant preparation); petrochemistryplants; oil and gas pipelines and oil and gas transitcenters

S8 projects to build petroleum depots and SllOPS With depot or tank capacity of200 m

1or more

\Vastc treatment nroiects

59 Projects to build central ized waste recycling, Alltreatment, burial or destruction establishments

-------- - - -

60 Projects to build central izcd wastewater treatment All, for industrial wastewater:systems With a daily designed capacity

of 500 rrr'or more, for daily-lifewastewater

61 Projects La preliminarily process scraps (including WHh an annual capacity ofimported scraps) 3.000 tons or more

(12 Proj-cts 10 hui lrl f'sl;ilJlishmenIS dismantling and Allcleaning ships

Engineering and metallurgy projects

63 Projects to buiId metallurgy plants AlL for projects using materialsbeing scraps;

With an annual capacity of1,000 tons of products or more,for projects using othermaterials

64 Projects to build steel rolling mills All. for projects using materialsbeing scraps;

With an annual capacity of2,000 tons of products or more,for projects using othermaterials

65 Projects to build shipyards and ship repair Designed for ships of 1,000establ ishrnents DWT or larger

66 Projects to build plants manufacturing and repairing With an annual capacity of 500containers and trailers containers and trai lers or more,

for manufacture;

With an annual capacity of

2,500 containers and trailers ormore, for repair

Issuenos 07·0a/May 2011(Cong Beo nos 241-242/May 4, 2011)

33

67 Projects to build plants building, repairing and With an annual capacity of 100assemhlinz locomotives and compartments vehicles or more

68 Projects to build motorbike and automobile With an annual capacity ofmanufacturing and assembling plants 10,000 motorbi kes and 500

autornobi les or more

69 Projects to build machinery and tool machinery With an annual capacity ofplants I,oon tons of products or more

70 Projects to build metal plating, coating and With an annual capacity of 500nolishina plants tons of products or more

7l Projects to build plants of formed aluminum With an annual capacity of2,OO() tons of products Or more

72 Projects to build weapon, military supplies and Alltechnical equipment manufacturing and repairplants

Projects on timber processing and glass, ceramic and china production

73 Projects to build timber processing mills With an annual capacity of3,000 Ill' of timber or more

74 PIOjccb lLJ build chip plunts With an annual capacity of50,000 tons of products or more

75 Projects to build plywood plants With an annll;lI (,;Jflar:ity ofIOO/Jon mC or more

76 Projects to build plants of domestic, construction or W'Jth an annual capacity ofindustrial wood products 10,000 products or more

77 Projects to build art craft plants With an annual capacity of 1million products or more

78 Projects to build glass, ceramics or china plants With an annual capacity of[,000 tons of products or more

79 Projects to build plants of ceramic bathroom With an annual capacity offixtures 10,000 products or more

80 Projects to build bulb and thermos plants With an annual capacity of 1million products or more

Food processing projects

81 Projects to build food processing establishments With an annual capacity of 500tons of products or more

34 Issue nos 07·08/May 2011(CongBeo nos 241-2421May 4,2011)

82 Projects to build COil sol ida ted slaughterhouses With a daily capacity of SOOcattle or S,O()() poultry or more

83 Projects to build aquatic processing establishments With an annual capacity of 100tons of products or more

84 Projects to build sugar mills With all annual capacity of10.000 tons of sugar or more

85 Projects to build alcohol and spirit breweries With an annual capacity of50,UOO litters of products ormore

--- -- - - - - - - - - _.- _.-

86 Projects to build beer and beverage breweries With an annual capacity of200.000 litters of products ormore

87 Projects to bu ild food season ing plants With an annual capacity of5.000 tons of products or more

88 Projects to build milk production and processing With an annual capacity ofestabi jshrnents IU,OOO tons of products or morc_

89 Projects to build edible oil production and With an annual capacity ofprocessing establishments 10.000 tons of products or more

9U Projects to bui Id confectionery makers With all annual capacity of5,000 tons of products or more

91 Projects to build ice plants With a dally capacity 01 J(JU

tons of ice or more

92 Projects 10 build plants of refined water and bottled With an annual capacity ofrefined water 2,000 m' of water or more

Farm product processing projects

93 Projects to build cigarette plants With an annual capacity uf

- _._--_. 600,000 ciearettcs or more-- - -

94 Projects to bui id tobacco processing establ ishrnents With an annual capacity ofl.OO() tons of products or more

95 Projects to build cereal product processing With an annual capacity ofestab] ishrnents IO,OO(J tons of products or more

1)6 Projects to build rice mills With an annual capacity of20.000 tons of products or more

97 Projects to build starch production and processing With an annual capacity of SOC)

establishments tons of products or more

Issue nos07-0B/May2011(GongBeo nos 241-2421May 4. 2011)

35

98 Projects to build cashew nut processing With an annual capacity ofestablishments 1.000 tom of products or more

99 Projects to build tea or cocoa processing With an annual capacity ofestablishments 1000 tons of prnollch or mOTP;

JOO Projects to build coffee processing establishments With a monthly capacity of 500tons of products or more. forthose using the wet method; anann ual capacity of 10.000 tonsof products or more, for thoseusing the dry method; and l,OO(j

tons of products or more, forprocessing powder and instantcoffee

Projects on animal husbandry and animal and aquatic f('('d processing

101 Projects to build establishments processing animal With an annual capacity ofand aquatic feed and aquatic by-products 1.000 tons of products or more

102 Projects to bui Id fish powder processing rni lis With an annual capacity of SOOtons of rrndll(·ts or mon"

103 Projects to build intensive or semi-intensive With a water surface area of 10aquaculture establishments ha or larger

104 Projects to build extensive aquaculture With a water surface area of 50establ ishments ha or larger

105 Projects to build on-sand aquaculture With a rearing area of 10 ha orestablishments larger

f------- - ..- --

106 Projects to build consolidated cattle raising With a herd of 500 or more, forcstabl ishrnents buffalos and cows: and 1,000or

more, for other cattle

107 Projects to build consolidated poultry raising With a flock of 20.0()Opoultry;cstuhlis hmcnts 200 O:'>LIic he:,; ur roo.ooo

quails. or more

108 Projects to build cstahlishrncnts raising and caring Allwild animals

109 Projects to build rcpt ilr- hrecrlinc "<J:lhlidlnl,'nls With I ,OO() alligators. vuruns or

pythons; and 5.000 snakes orother rcpti les. or more

36 Issue nos 07·08/May 2011(Gong Beo nos 241-242/May 4. 2011)

Projects on fertilizer and plant protection drug production

110 Projects to build fertilizer plants With an annual capacity of1.000 tons of products or more

J 11 Projects to build chemical or plant protection drug WJtI1 a storage capacrty of j

warehouses tons or more

112 Projects to build fertilizer warehouses \Vith a storage capacity of 100tons or more

113 Projects to bujIdpl alit 12ro!fctiot.!...9l:!:!,g factori cs All._. -

114 Projects to buil d establishments bottl ing or packi ng With an annual capacity of 300plant protection drucs tons of products or more

115 Projects to build organic or micro-bic fertilizer With an annual capacity ofplants I ,(lOO tons of products or more

Chemicals, pharmaceuticals and cosmetics projects

116 Projects to build pharmaceutical product or All. for vaccine production;veterinary drug plants

With an annual capacity of 50tons of products or more, forother ph<tllllilccutical prouucband veterinary drugs

117 Projects to build chemicals-cosmetics plants With an annual capacity of 50tons of products or more

118 Projects to build plants of plastics. plastic-based With an annual capacity of 100products, paint and baSIC chemicals ton s of products or more

119 Projects to build plastic product plants With an annual capacity ofI.O()() tons of products or more

120 Projects to build plants of detergent and additives With an annual capacity of

- - - - - - - -- J.(XlO tons of products or morer--

121 Projects to build plants of discharge substances, Allexplosives and fire devices

122 Projects to build industrial explosive plants and Allwarehouses

123 Projects to build zones making salt from seawater With an area of lO() hOI or larger

Projects on paper and stationery production

124 Projects to huild pulp and paper plants With an annual capacity of 300tons of prod ucts or more

Issue nos07·0B/May 2011(Cong Beia nos 241-2421May 4.2011)

37

125 Projects to build paper plants With an annual capacity ofS.OOO tons of products or more,for production of paper from

pulp

All. for production of paperfrom waste

126 Projects to build stationery plants With an annual capacity of1,000 tons of products or

more

127 Projects to build carton packaging plants With an annual capacity of.'i.UOO tons of products or more

._--'------..--_.

Textiles, dyeing and garmcnt projects

128 Projects to build weaving or dye-weaving Allestablishments

121) Projects to build non-dye weaving cst abl i shmcnts \Vith an annual capacity of I()million meters of fabrics ormore

130 Projects on production and sub-production of \Vith an annual capacity ofgarments 50.()OO products or more. for

those in vul vinj; t lrc washiug

and bleaching process

With an annual capacity of 2mi Ilion products or more. forthose not involving thewashing and blenching process

13I Projects on industrial washing and laundering. With an annual capacity of50.000 prod uct s or more

132 Projects on silk and synthetic fiber making With an annual capacity of1,(JOO tons or prod uc ts ormore

Other projects

133 Projects to build research and de.velopmcrn Ailinstitutions or production establishments in hi-techzones

38 Issue nos07-0B/May 2011(Cong Baanos 241·2421May 4.2011)

134 Projects on rubber and latex processing With an annual capacity of4.000 tons of products ormore

135 Projects to build plants of medical products and With an annual capacity ofequipment from medical plastics and rubber lOO,()OO tons of products Dr

more

136 Projects to huild footwear plants With an annual capacity of 1million products or more

137 Projects to build plants of rubber fires and tubes of With an annual capacity ofdifferent types 50.000 products or more. for

autos and tractors: and J()O.OOOproducts or more. for bikes andmotorbikes

138 Projects to build plants of printing ink and other With an annual capacity of SOOprinting materials tons of printing ink and 1,000

other products or more

139 Projects to build battery and cell factories With an annual capacity of50.000 kWh or !OO Inns ofproducts or more

140 Projects to build tanning establishments All

141 Projects to build estab! ishrnent« manufacturing COc With an annual capacity ofgas and filling and liquefying: industrial gas 3,000 tons of products or more

142 Projects to build plants of extinguishers and other All[Ire fighting products

143 Projects involving relocation and resettlement For 300 households or more

[44 Projects on renovation. expansion. upgrading and With size and capacity to thecapacity increase level of projects Iisted from

:-\05. 1 thru 143

145 Projects with one item or more among: projectslisted from Nos. I thru 143 in this Appendix

146 Projects at risk of environmental pollution anddl'gradatioll outside this Appendix shall heconsidered and decided by the Minister 01 NaturalResources and Environment

Issue nosOJ-DS/May 2011(Gong Beonos 241·2421May 4,2011)

Appendix III

List of' projects with environmental impactassessment reports to he appraised and

approved by the Ministry of NaturalRf'~nllr{'p.. and En"jronn1Pnt

(To the Government's Decree No. 29/20lJ/ND·

CP ofApril 18.2011)

I. Projects in which investment is decidedby the National Assembly or the Prime Minister.

2. Projects using land of national parks,nature reserves. world heritages. historical andcultural relics. ranked national landscapes andscenic places and areas of biosphere reserves(except projects using land of transitional areasof biosphere reserves of under 20 ha).

3. Projects to build atomic power plants,thermonuclear power plants. nuclear reactors;

thermopower plants with a capacity of 300 MW

or more and located less than :2 km from an urbancenter or concentrated residenual area: otherthermopower plants with a capacity of600 MWor more: hydro power plants und irrigution

works with a reservoir capacity of 100 millionm ' or more,

4. Projects encroaching the sea on 20 ha orlarger: proj ects reg ue sti ng change of usepurpose" ofwatershed protection forests. wave­

. wind- and sand-sheltering protection forests.spec ial use forests of 20 ha or larger or othernatural forests of 100 ha or larger; projects using20 ha of Iand under two rice crops per year orlarger; projects to build on-sand aquacultureestablishments with an area of 100 ha or larger.

5. Projects to build oil refineries andpetrochemistry plants; projects to build plantsof basic chemicals, plant protection drugs,detergents, additi ves and chemical terti lizer withan annual capacity of 10.000 tons of products

or more; projects to build battery plants with an

39

annual capacity of 300.000 kWh or WO tons of

products or more; cement plant projects withan annual capacity of 1.2 million tons or more;projects 011 plants storing radioactive substancesor wit h radioactive waste: projects to hui ld pulpmills with an annual capacity of 25J)OO tons of

products or more: projects to build alcohol orspirit breweries with all annual capacity of500.000 liters of products or more; projects tobuild beer or beverage plants with an annualcapacity of 2 million Iitcrs of products or more:

projects to build aquatic product processingplants with an annual capacity of 5.000 tons of

products or more.

6. Oil exploitation projects; solid mineralexploitation projects with an annual capacity of

500,000 rn' of primary materials (includingtailings and minerals) or more, projects to

exploit rare earth and radioactive minerals',projects to sort and enrich rare earth andradioactive minerals with an annual capacity of

50,000 tons of products or more; projects toprocess and refine rare earth. ferrous meta", and

radioactive minerals using annually 100,000tons of refined ores or more', projects to exploitwater tor supply to production. business, service

and daily-life activities with a daily capacity of

250.000 m'.

7. Projects to build infrastructure of

industrial parks. export-processing zones. hi­tech zones, industrial complexes, tourist serviceand recreational centers and urban centers withan area of 200 hu or larger: projects to huild

hospitals with 500 patient beds or more: projectsto build pons for ships of 50.()OO DWT or larger:projects to build steel refineries with an annualcapacity of 2()()J)()() tons of products,

X. Pr().iccl~ tn hu i lrl znlle~ fnr recycling,

treating. burying and destroying hazardous

waste collected from production. business and

40

service establishments; projects to build zones

for recycling. treating. burying and destroyingordin.uy solid waste with a daily cap:Lcity of 250

tons or more; projects to budd consolidatedindustrial wastewater treatment systems with adaily capacity of 5.000 111~ or more.

9. Projects on renovation, expansion.upgrading and c;Lpacity increase with nature,

size and capacity up the level of projects listedfrom Nos. 1 thru 8 of this Appendix.

10. Projects with one or marc items amongprojects listed from Nos. 1 thru 9 of thisAppennix.

1l. Other projects specified in Appendix Illocated in2 or more provinces and centrally runcities or in a sea area for which the

administration responsibility has not beenassignf~d to any provincial-level People's

Committee, or projects located in :2 or morecountries.-

Issuenos 07,OBIM::lY 2011(Gong Baanos 241-242/May 4.2011)