Circular No. 01/2012/TT-BTNMT provides detailed regulations on the preparation, review, approval, inspection, and confirmation of the implementation of detailed environmental protection plans; and the preparation and registration of simple environmental protection plans.

CIRCULAR

Provisions on the establishment, review, approval, and inspection, confirmation

of detailed environmental protection plans; establishment and registration of simple environmental protection plans

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment, which has been amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 and Decree No. 89/2010/NĐ-CP dated August 16, 2010;

_________________

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment;

At the proposal of the General Director of the Environmental Administration and the Director of the Legal Department,

This Circular provides detailed regulations on the establishment, review, and approval of detailed environmental protection plans; inspection and confirmation of the implementation of detailed environmental protection plans; establishment and registration of simple environmental protection plans pursuant to Clause 6, Article 39 of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment (hereinafter referred to as Decree No. 29/2011/NĐ-CP).

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to state agencies, organizations, and individuals both within and outside Vietnam (hereinafter referred to as organizations and individuals) related to the establishment, review, and approval of detailed environmental protection plans; inspection and confirmation of the implementation of detailed environmental protection plans; establishment and registration of simple environmental protection plans.

Article 2. Applicability

ESTABLISHMENT, REVIEW, AND APPROVAL OF DETAILED ENVIRONMENTAL PROTECTION PLANS

Chapter II

Article 3. Basis for establishing detailed environmental protection plans

1. The entity required to establish a detailed environmental protection plan (hereinafter referred to as the Entity) has a scale and nature equivalent to the objects required to prepare an environmental impact assessment report as stipulated in Clause 1, Article 12 of Decree No. 29/2011/NĐ-CP, including:

a) An entity that does not have any of the following documents: Decision approving the environmental impact assessment report, decision approving the supplementary environmental impact assessment report, decision approving the environmental protection plan;

b) An entity that has a decision approving the environmental impact assessment report, when undergoing renovation, expansion, or capacity increase, falls under the category required to prepare a supplementary environmental impact assessment report (before Decree No. 29/2011/NĐ-CP took effect) or falls under the category required to prepare a new environmental impact assessment report (as stipulated in Decree No. 29/2011/NĐ-CP) but does not have a decision approving the supplementary environmental impact assessment report or a decision approving the environmental impact assessment report, and currently has completed the renovation, expansion, or capacity increase;

c) An entity that has a decision approving the environmental protection plan, certificate of registration of the environmental protection plan, when undergoing renovation, expansion, or capacity increase, falls under the category required to prepare an environmental impact assessment report but does not have a decision approving the environmental impact assessment report, and currently has completed the renovation, expansion, or capacity increase;

d) An entity that has one of the following documents: Certificate of registration of meeting environmental standards, certificate of registration of the environmental commitment, certificate of registration of the supplementary environmental commitment, notification of acceptance of the environmental commitment registration, when undergoing renovation, expansion, or capacity increase, falls under the category required to prepare an environmental impact assessment report but does not have a decision approving the environmental impact assessment report, and currently has completed the renovation, expansion, or capacity increase;

đ) An entity that has a decision approving the detailed environmental protection plan, when undergoing renovation, expansion, or capacity increase, falls under the category required to prepare an environmental impact assessment report but does not have a decision approving the environmental impact assessment report, and currently has completed the renovation, expansion, or capacity increase;

e) An entity that has commenced construction and is currently in the preparatory stage (land preparation), has completed the preparatory stage and is currently in the construction phase but does not have a decision approving the environmental impact assessment report or a decision approving the detailed environmental protection plan.

e) The facility has commenced construction and is currently in the preparatory phase (site preparation), or has completed the preparatory phase and is in the construction phase but has not yet received a decision approving the environmental impact assessment report or a decision approving the detailed environmental protection plan.

2. The owner of the facility specified in Clause 1 of this Article shall be responsible for preparing the detailed environmental protection plan as prescribed in this Circular and submitting it to the competent authority for review and approval.

Article 4. Procedure for drafting, reviewing, and approving detailed environmental protection plans

Drafting, reviewing, and approving detailed environmental protection plans shall be carried out according to the procedure set forth in Appendix 1 attached hereto, including the following steps:

1. The entity specified in Article 3 of this Circular shall draft and submit the application dossier for review and approval of the detailed environmental protection plan to the competent authority for review and approval as stipulated in Clause 1, Article 7 of this Circular.

2. The competent authority for review and approval shall instruct the permanent review agency as stipulated in Clause 2, Article 7 of this Circular to examine the dossier. In cases where the contents of the dossier are incomplete as prescribed in Appendix 2 attached hereto, a written notice shall be issued to the entity to complete the dossier.

3. If the dossier is complete and meets the requirements for review, the permanent review agency shall conduct on-site inspections at the entity's premises. Where necessary, opinions from agencies and experts shall be solicited.

4. The permanent review agency shall compile and process the results of on-site inspections and opinions from agencies and experts, and notify the entity in writing of the results of the detailed environmental protection plan review.

5. The entity shall comply with all requirements stated in the notification of the review results.

6. The head of the competent authority for review and approval shall consider and approve the detailed environmental protection plan.

7. The permanent review agency shall certify and send the approved detailed environmental protection plan.

Article 5. Drafting and submitting the application dossier for review and approval of detailed environmental protection plans

Entities required to draft detailed environmental protection plans shall be responsible for:

1. Drafting or hiring consultants to draft detailed environmental protection plans in accordance with the structure and content prescribed in Appendix 2 attached hereto.

2. Submitting the application dossier for review of detailed environmental protection plans through postal service or direct submission to the competent authority for review and approval as stipulated in Clause 1, Article 7 of this Circular. The dossier includes:

a) One (01) request for review and approval of detailed environmental protection plans in the format prescribed in Appendix 3 attached hereto;

b) Five (05) copies of the detailed environmental protection plan bound into volumes with covers and back covers in the format prescribed in Appendix 4 attached hereto, and one (01) copy recorded on a CD;

c) One of the following documents: investment project, feasibility study report of the entity, or equivalent document under the law on investment (only required for entities specified in point e, Clause 1, Article 3 of this Circular).

Article 6. Soliciting opinions on detailed environmental protection plans

1. The entity shall be responsible for sending a document along with a summary of the main contents of the detailed environmental protection plan in the format prescribed in Appendix 5 attached hereto to the People's Committee of the commune where the production, business, and service activities take place to solicit opinions.

2. Within fifteen (15) working days from the date of receipt of the document from the entity, the People's Committee of the commune shall respond in writing in the format prescribed in Appendix 6 attached hereto. Beyond this period, if the People's Committee of the commune does not provide written comments to the entity, it shall be deemed to agree with the entity.

3. Where necessary, before issuing a written response, the People's Committee of the commune may require the entity to organize a meeting with community representatives in the commune to present, discuss, and dialogue about the detailed environmental protection plan; the entity shall be responsible for complying with such requests.

4. In the following cases, there is no need to seek opinions from the People's Committee of the commune:

a) The entity is located within a concentrated production, business, and service area that has been approved by the competent authority for an environmental impact assessment report or a construction phase environmental protection plan and operates in compliance with the industry planning outlined in the environmental impact assessment report or the environmental protection plan of the concentrated production, business, and service area;

b) Establishments located in marine areas where the administrative management responsibilities of the People's Committee at the commune level have not been clearly defined;

c) The entity involves national security or defense secrets.

Article 7. Competence to examine and approve detailed environmental protection plans; the permanent agency for examining detailed environmental protection plans

1. The competent agencies for examining and approving detailed environmental protection plans are specified as follows:

a) The Ministry of Natural Resources and Environment shall examine and approve detailed environmental protection plans of facilities with scale and nature equivalent to those required to prepare an Environmental Impact Assessment Report as stipulated in Appendix III issued together with Decree No. 29/2011/NĐ-CP, except facilities involving national security and defense secrets; it also examines and approves detailed environmental protection plans of facilities under its decision-making and approval authority;

b) The Ministry of Defense and the Ministry of Public Security shall examine and approve detailed environmental protection plans of facilities under their decision-making and approval authority and other facilities entrusted with national security and defense secrets;

c) Ministries, ministerial-level agencies, and government agencies shall examine and approve detailed environmental protection plans of facilities under their decision-making and approval authority, except for the objects specified in points a and b of Clause 1 of this Article;

d) Provincial People's Committees shall examine and approve detailed environmental protection plans of facilities within their jurisdiction, except for the objects specified in points a, b, and c of Clause 1 of this Article.

2. The competent agencies for examination and approval shall delegate specialized agencies under them responsible for environmental protection to serve as the permanent agency for examination (hereinafter referred to as the Permanent Examination Agency) in organizing examinations and submitting for approval detailed environmental protection plans. The Permanent Examination Agency shall have the following responsibilities and authorities:

a) Reviewing the legality and completeness of the application dossier for examination and approval of detailed environmental protection plans;

b) Reporting to the competent agency for examination and approval on the organization of the examination along with the draft decision to establish an inspection team for environmental protection work at the facility according to the model prescribed in Appendix 7 attached to this Circular and the list of agencies and experts whose opinions are sought (if any);

c) Organizing inspections at the facility based on the establishment decision of the competent agency for examination and approval; deciding or deciding upon the proposal of the inspection team regarding measurements and sample analysis for verification purposes;

d) Collecting information related to the facility and its detailed environmental protection plan to serve the examination and approval process; compiling and processing opinions from agencies and experts whose opinions are sought;

đ) Notifying the facility owner in writing about the examination results and requirements related to completing the examination dossier for the detailed environmental protection plan;

e) Organizing a review of the detailed environmental protection plan completed and resubmitted by the facility owner after the examination has been conducted;

g) Drafting the decision to approve the detailed environmental protection plan for submission to the competent agency for examination and approval for consideration and decision;

h) Organizing inspections and reporting to the competent agency for examination and approval for consideration and confirmation of the implementation of the detailed environmental protection plan by the facility;

i) Performing other tasks related to the examination and approval of detailed environmental protection plans as required by the competent agency for examination and approval.

Article 8. Time limit for detailed environmental protection project review

1. A maximum of forty-five (45) working days from the date of receiving complete valid files for detailed environmental protection projects of facilities with scale and nature equivalent to those required to prepare an Environmental Impact Assessment Report as stipulated in Appendix III issued together with Decree No. 29/2011/NĐ-CP.

2. A maximum of thirty (30) working days from the date of receiving complete valid files for detailed environmental protection projects of facilities not falling under the category specified in Clause 1 of this Article.

3. The time limit for review as prescribed in Clauses 1 and 2 of this Article does not include the period during which the facility owner completes the file according to the requirements of the competent authority during the detailed environmental protection project review process.

Article 9. Review and completion of detailed environmental protection projects; establishment and re-review of detailed environmental protection projects

1. File inspection: In case the file does not comply with regulations, within a maximum of seven (07) working days from the date of receipt of the file, the competent authority shall issue a written notice to the facility owner to complete it. If the file complies with regulations, the competent authority shall organize the review in accordance with the provisions of Clauses 2, 3, and 4 of this Article.

2. On-site inspection of environmental protection work at the facility:

a) Inspect the environmental protection work at the facility based on the decision to establish the inspection team by the competent authority authorized to review and approve;

b) In necessary cases, organize measurement, sampling, and analysis to verify data;

c) Prepare an inspection record according to the model specified in Appendix 8 attached hereto.

3. Summarize and process the results of expert opinions and related agencies' comments on the detailed environmental protection project proposed for review and approval.

4. Notification of review results (only once):

The competent authority shall send a notification of the review results in one (01) of the following three (03) cases:

a) The detailed environmental protection project is approved without need for revision or supplementation;

b) The detailed environmental protection project is approved subject to specific requirements for revision and supplementation;

c) The detailed environmental protection project is not approved (specify reasons).

5. After receiving the notification of the review results, the facility owner is responsible for:

a) For the detailed environmental protection project approved without need for revision or supplementation: Sign in the lower left corner of each page of the project, make copies, bind them into a book with a cover and back cover according to the model specified in Appendix 4 attached hereto in the quantity required by Clause 2 of Article 11 of this Circular, and submit them to the competent authority for consideration and approval;

b) For the detailed environmental protection project approved subject to requirements for revision and supplementation: Revise and supplement the project according to the requirements, sign, make copies, and bind them according to the provisions of point a of Clause 5 of this Article; submit all copies of the revised project and one (01) copy recorded on a CD along with an explanation of the revisions and supplements to the competent authority for consideration and approval;

c) For the detailed environmental protection project not approved: Re-establish the project and submit it to the competent authority authorized to review and approve for re-review.

6. Establishment and re-review of detailed environmental protection projects:

a) The facility owner must re-establish the detailed environmental protection project and submit the application for re-review according to the provisions of Article 5 of this Circular;

b) The time limit and procedures for re-review are carried out according to the provisions of Articles 4 and 8 of this Circular.

Article 10. Approval of Detailed Environmental Protection Programs

1. Time limit for approving detailed environmental protection programs:

a) A maximum of fifteen (15) working days from the date of receipt of the completed detailed environmental protection program according to requirements applicable to facilities with scale and nature equivalent to those required to prepare an Environmental Impact Assessment Report as stipulated in Appendix III issued together with Decree No. 29/2011/NĐ-CP;

b) A maximum of ten (10) working days from the date of receipt of the completed detailed environmental protection program submitted by the facility owner for facilities not falling under the category specified in point a, Clause 1 of this Article;

c) The time limits for approval specified in points a and b, Clause 1 of this Article do not include the period during which the facility owner completes the dossier according to the requirements of the competent authority responsible for examination and approval or the standing body responsible for examination during the process of examining and approving the detailed environmental protection program.

2. The decision on approval of detailed environmental protection programs shall be made in accordance with the model prescribed in Appendix 9 attached hereto.

Article 11. Authentication and Submission of Detailed Environmental Protection Programs

1. After receiving the decision on approval of the detailed environmental protection program, the standing body responsible for examination must authenticate on the back cover page of the program in accordance with the model prescribed in Appendix 10a attached hereto.

2. After authentication, the standing body responsible for examination shall submit and retain the detailed environmental protection program as follows:

a) For detailed environmental protection programs approved by the Ministry of Natural Resources and Environment: Send the approval decision along with the authenticated detailed environmental protection program to the facility owner one (01) copy, the Department of Natural Resources and Environment at the location where the facility conducts production, business, and services one (01) copy, the relevant ministry one (01) copy, and retain one (01) copy;

b) For detailed environmental protection programs approved by the Ministry of National Defense and the Ministry of Public Security: The submission of the approval decision and the detailed environmental protection program shall be carried out according to specific regulations;

c) For detailed environmental protection programs approved by ministries, ministerial-level agencies, and government agencies: Send the approval decision along with the authenticated detailed environmental protection program to the facility owner one (01) copy, the Department of Natural Resources and Environment at the location where the facility conducts production, business, and services one (01) copy, the Ministry of Natural Resources and Environment one (01) copy, and retain one (01) copy;

d) For detailed environmental protection programs approved by the People's Committee of the province: Send the approval decision along with the authenticated detailed environmental protection program to the facility owner one (01) copy, the Department of Natural Resources and Environment one (01) copy, the People's Committee of the district where the facility conducts production, business, and services one (01) copy, and retain one (01) copy; send the approval decision on the detailed environmental protection program to the Ministry of Natural Resources and Environment, the relevant ministry, and the People's Committee of the commune where the facility conducts production, business, and services one (01) copy each.

3. Provincial Departments of Natural Resources and Environment shall make copies of the approval decisions on detailed environmental protection programs sent by ministries, ministerial-level agencies, and government agencies, and send them to the People's Committees of districts and communes where the facility conducts production, business, and services.

Chapter III

INSPECTION AND VERIFICATION OF THE IMPLEMENTATION OF DETAILED ENVIRONMENTAL PROTECTION PROGRAMS

Article 12. Responsibilities of the facility owner in implementing the detailed environmental protection project

1. Strictly implement all contents of the approved detailed environmental protection project.

2. After completing the construction works and environmental protection measures, the facility owner shall prepare a file to request inspection and confirmation of the implementation of the detailed environmental protection project and submit it to the competent authority that has approved the detailed environmental protection project for inspection and confirmation. The file includes:

a) One (01) request for inspection and confirmation of the implementation of the detailed environmental protection project of the facility according to the model prescribed in Appendix 11 attached to this Circular;

b) Five (05) reports on the results of the implementation of the detailed environmental protection project of the facility according to the model prescribed in Appendix 12 attached to this Circular. For facilities engaged in mineral extraction activities, they shall follow the model prescribed in Appendix 13 attached to this Circular. For facilities involved in water conservancy and hydropower with reservoir projects, they shall follow the model prescribed in Appendix 14 attached to this Circular.

3. For facilities handling hazardous waste, the inspection and confirmation of the implementation of the detailed environmental protection project shall be carried out in accordance with the laws on hazardous waste management.

Article 13. Responsibilities and time limit for confirming the implementation of the detailed environmental protection project

1. The competent authority specified in Clause 1 of Article 7 of this Circular shall have the responsibility:

a) To instruct the permanent office to organize the examination of the file and inspect the implementation of the detailed environmental protection project of the facility;

b) To examine and issue a certificate of completion of the detailed environmental protection project for facilities specified in Clause 1 of Article 3 of this Circular (hereinafter referred to as the Certificate of Completion).

2. The time limit for issuing the Certificate of Completion is as follows:

a) A maximum of twenty-five (25) working days from the date of receipt of a valid file for detailed environmental protection projects of facilities with scale and nature equivalent to those required to prepare an Environmental Impact Assessment Report as stipulated in Appendix III issued together with Decree No. 29/2011/NĐ-CP;

b) A maximum of twenty (20) working days from the date of receipt of a valid file for detailed environmental protection projects of facilities not falling within the scope specified in point a of this clause;

c) The time limit for confirmation specified in points a and b of this clause does not include the period during which the facility owner completes the file according to the requirements of the permanent office.

Article 14. Inspection and Confirmation of the Implementation of the Detailed Environmental Protection Project

1. In case the file does not comply with regulations, within a maximum of five (05) working days from the date of receipt of the file, the permanent office shall issue a notice to the facility owner to complete the file.

2. In case the file complies with regulations, the competent authority for approval shall establish an inspection team according to the model prescribed in Appendix 15 attached to this Circular upon the proposal of the permanent office.

3. The permanent office shall be responsible for organizing the inspection team to inspect the environmental protection measures and works of the facility. Upon completion of the inspection at the facility, the inspection team shall prepare an inspection record according to the model prescribed in Appendix 16 attached to this Circular.

4. Based on the inspection record of the implementation of the detailed environmental protection project of the facility and the proposal of the permanent office, the competent authority for approval shall decide on issuing the Certificate of Completion according to the model prescribed in Appendix 17 attached to this Circular.

Chapter IV

PREPARATION AND REGISTRATION OF SIMPLE ENVIRONMENTAL PROTECTION PROJECT

Article 15. Establishing a Simple Environmental Protection Plan

1. A facility must establish a simple environmental protection plan if it has a scale and nature equivalent to the object required to establish an environmental protection commitment as stipulated in Article 29 of Decree No. 29/2011/NĐ-CP, including:

a) A facility that does not have any of the following documents: certificate of registration for meeting environmental standards, certificate of registration for the environmental protection commitment, notification of acceptance of registration for the environmental protection commitment, certificate of registration for the environmental protection plan;

b) A facility that already has any of the following documents: certificate of registration for meeting environmental standards, certificate of registration for the environmental protection commitment, notification of acceptance of registration for the environmental protection commitment, when undergoing renovation, expansion, or increased capacity, which falls under the category required to establish a registration for meeting environmental standards, additional environmental protection commitment (before Decree No. 29/2011/NĐ-CP took effect) or under the category required to re-establish the environmental protection commitment (as provided for in Decree No. 29/2011/NĐ-CP) but does not have a certificate of registration for meeting environmental standards or a certificate of registration for the additional environmental protection commitment or notification of acceptance of registration for the environmental protection commitment, and currently has completed the renovation, expansion, or increased capacity;

c) A facility that already has a certificate of registration for the environmental protection plan, when undergoing renovation, expansion, or increased capacity, which falls under the category required to establish an additional environmental protection commitment (before Decree No. 29/2011/NĐ-CP took effect) or under the category required to re-establish the environmental protection commitment (as provided for in Decree No. 29/2011/NĐ-CP) but does not have a certificate of registration for the additional environmental protection commitment or notification of acceptance of registration for the environmental protection commitment, and currently has completed the renovation, expansion, or increased capacity;

d) A facility that already has a certificate of registration for a simple environmental protection plan, when undergoing renovation, expansion, or increased capacity, which falls under the category required to establish an environmental protection commitment but does not have a notification of acceptance of registration for the environmental protection commitment, and currently has completed the renovation, expansion, or increased capacity;

đ) A facility that has commenced construction and is in the preparatory phase (preparing the site), has completed the preparatory phase and is in the construction phase but does not have a notification of acceptance of registration for the environmental protection commitment or a certificate of registration for a simple environmental protection plan.

2. The owner of the facility specified in Clause 1 of this Article shall be responsible for establishing the simple environmental protection plan as prescribed in this Circular and submitting it to the People's Committee at the district level for review and confirmation.

Article 16. Procedures for Establishing, Registering, and Confirming Registration of a Simple Environmental Protection Plan

Establishing, registering, and confirming registration of a simple environmental protection plan shall be carried out according to the procedures set forth in Appendix 18 attached to this Circular, including the following steps:

1. The owner of the facility specified in Clause 1 of Article 15 of this Circular shall prepare and submit the application for registration of a simple environmental protection plan as stipulated in Article 17 of this Circular to the People's Committee at the district level.

2. The People's Committee at the district level shall assign the registration office to examine the application. In cases where the content of the application is incomplete as stipulated in Appendices 19a and 19b attached to this Circular, a notification shall be issued to the owner of the facility to complete the application.

3. If the application is complete as required, the registration office shall process the application. Where necessary, on-site inspections at the facility and opinions from relevant agencies and experts shall be sought.

4. The registration office shall compile, process, and notify the results of processing to the owner of the facility (if applicable).

5. The owner of the facility shall comply with all requirements notified (if applicable).

6. The Chairman of the People's Committee at the district level shall issue a certificate of registration for the simple environmental protection plan.

7. The registration office shall certify and submit the confirmed simple environmental protection plan.

Article 17. Establishment and submission of application dossier for registration of simple environmental protection plan

The owner of the facility that must establish a simple environmental protection plan shall be responsible for:

1. Establishing or hiring consultants to prepare the simple environmental protection plan. The structure and content of the simple environmental protection plan are prescribed as follows:

a) For facilities that must establish investment projects but have characteristics and scale, capacity not included in the list or below the level specified in Appendix II issued together with Decree No. 29/2011/NĐ-CP, they shall implement according to the provisions in Appendix 19a attached to this Circular;

b) For facilities that do not need to establish investment projects but generate waste from production, business, and service activities, they shall implement according to the provisions in Appendix 19b attached to this Circular.

2. Submitting the application dossier for registration of the simple environmental protection plan through postal service or directly at the People's Committee of the district where the facility carries out production, business, and service activities; in cases where the facility is located on the territory of two (02) or more administrative units at the district level, the facility owner shall choose one (01) among those administrative units to submit the application dossier; the application dossier includes:

a) One (01) document of the facility owner according to the model prescribed in Appendix 20 attached to this Circular;

b) Five (05) copies of the simple environmental protection plan bound into volumes, with covers and back covers according to the model prescribed in Appendix 21 attached to this Circular; in case of necessity based on the request of the People's Committee of the district, the facility owner shall be responsible for submitting additional copies of the simple environmental protection plan as required.

Article 18. Authority, time limit for confirmation of registration of simple environmental protection plan; permanent registration agency

1. The People's Committee of the district shall be responsible for organizing the registration of the simple environmental protection plan and examining and issuing the confirmation certificate for the simple environmental protection plan registration to the facility owner (hereinafter referred to as the confirmation certificate).

2. Time limit for issuing the confirmation certificate:

a) A maximum of thirty (30) working days from the date of receiving complete valid dossiers for simple environmental protection plans of facilities located on the territory of two (02) or more administrative units at the district level;

b) A maximum of twenty (20) working days from the date of receiving complete valid dossiers for simple environmental protection plans of facilities located on the territory of one (01) administrative unit at the district level;

c) The time limits prescribed in points a and b of Clause 2 of this Article do not include the time taken by the facility owner to complete the dossier according to the requirements of the permanent registration agency during the examination process.

3. The People's Committee of the district shall determine its specialized agency on environmental protection to assist and act as the permanent agency in organizing the registration and confirmation of the simple environmental protection plan registration (hereinafter referred to as the permanent registration agency).

Article 19. Examination, completion of dossiers, issuance of confirmation certificates for registration of simple environmental protection plans; establishment and re-registration of simple environmental protection plans

1. Dossier inspection: In cases where the dossier does not comply with regulations, within a period not exceeding five (05) working days from the date of receipt of the dossier, the permanent registration agency shall issue a notification to inform the facility owner to complete it. In cases where the dossier complies with regulations, the permanent registration agency shall organize the examination and evaluation, and submit to the People's Committee of the district for confirmation of the simple environmental protection plan registration according to the provisions of Clauses 2 and 3 of this Article.

2. Examination and evaluation of the simple environmental protection plan: The permanent registration agency shall organize the examination and evaluation of the plan; if necessary, organize inspection teams to visit and inspect the facility, invite experts to comment on the plan, seek opinions of the relevant People's Committee of the district (if the location of the facility is within the territory of another district-level administrative unit) to evaluate the plan; issue a notification to inform the facility owner of one of the following two (02) situations (only once):

a) The simple environmental protection plan needs to be revised and supplemented to obtain the confirmation certificate, accompanied by specific requirements for revision and supplementation;

b) The simple environmental protection plan does not meet the conditions for obtaining the confirmation certificate (specify the reasons).

3. For simple environmental protection plans that do not require revision and supplementation or have been revised and supplemented by the facility owner according to the requirements, the People's Committee of the district shall issue the confirmation certificate for the simple environmental protection plan registration according to the model prescribed in Appendix 22 attached to this Circular.

4. For simple environmental protection plans that do not meet the conditions for obtaining the confirmation certificate, the facility owner shall be responsible for establishing the simple environmental protection plan again and submitting it to the People's Committee of the district for re-registration according to the provisions of Articles 17 and 18 of this Circular.

Article 20. Authentication and submission of simple environmental protection plans

1. After a simple environmental protection plan has been registered, the permanent registration agency shall authenticate on the back cover page of the simple environmental protection plan according to the model prescribed in Appendix 10b attached to this Circular.

2. The permanent registration agency shall be responsible for submitting and retaining the authenticated simple environmental protection plan as follows:

a) In the case where the location of the facility is within the territory of one (01) district-level administrative unit: Send the registration confirmation letter along with the authenticated simple environmental protection plan to the facility owner one (01) copy, the Department of Natural Resources and Environment one (01) copy, the People's Committee of the commune where the facility is located one (01) copy, retain one (01) copy.

b) In the case where the location of the facility is within the territory of two (02) or more district-level administrative units: In addition to the submission and retention as prescribed in point a of this clause, also send the registration confirmation letter along with the authenticated simple environmental protection plan to the People's Committee of other districts where the facility is located one (01) copy each.

Article 21. Responsibilities of the facility owner after the simple environmental protection plan has been registered

After the simple environmental protection plan has been confirmed, the facility owner shall be responsible for the following:

1. Implementing all contents of the registered simple environmental protection plan accurately and fully.

2. During the preparation phase, construction phase, and operation phase, if the facility specified in Clause 1 of Article 15 of this Circular changes its scale, capacity, technology, and other related changes affecting the environment, and if the old content and the changed content have a scale and nature equivalent to the object required to prepare an Environmental Impact Assessment Report under Decree No. 29/2011/NĐ-CP, then the facility owner must prepare an Environmental Impact Assessment Report in accordance with the laws on environmental impact assessment.

3. During the preparation phase, construction phase, and operation phase, if the facility specified in Clause 1 of Article 15 of this Circular changes its scale, capacity, technology, and must prepare an investment project equivalent to the object specified in Subpoint a of Clause 1 of Article 17 of this Circular, it must prepare a simple environmental protection plan in accordance with this Circular.

4. During the preparation phase, construction phase, and operation phase, if the facility specified in Clause 1 of Article 15 of this Circular changes its scale, capacity, technology, and other related changes affecting the environment but not reaching the level requiring an Environmental Impact Assessment Report under Decree No. 29/2011/NĐ-CP, it must submit a written report to the district People's Committee that issued the registration confirmation letter and can only implement such changes after receiving approval from that authority.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 22. Transitional provisions

For the dossier requesting approval or confirmation of an environmental protection plan implemented in accordance with Circular No. 04/2008/TT-BTNMT dated September 18, 2008, of the Ministry of Natural Resources and Environment guiding the preparation, approval, or confirmation of an environmental protection plan and inspection, supervision of the implementation of the environmental protection plan but not yet approved or confirmed, the Department of Natural Resources and Environment or the Environmental Resources Office shall return the dossier, guide the facility owner to prepare a detailed environmental protection plan or a simple environmental protection plan to submit to the competent authority for review, approval, or organization of registration in accordance with this Circular.

Article 23. Implementation Organization

1. The General Department of Environment is the permanent agency for reviewing detailed environmental protection plans of the Ministry of Natural Resources and Environment.

2. Ministries, ministerial-level agencies, and government-affiliated agencies designate specialized subordinate agencies as the permanent agency for reviewing their detailed environmental protection plans and widely announce this through nationwide channels.

3. Provincial People's Committees assign the Department of Natural Resources and Environment as the permanent agency for reviewing their detailed environmental protection plans and announce this appropriately.

4. District People's Committees assign specialized subordinate agencies as their permanent registration agency and announce this appropriately.

5. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and district People's Committees are responsible for implementing reporting systems regarding the activities of reviewing, approving, and inspecting, confirming the implementation of detailed environmental protection plans; registration and confirmation of registration of simple environmental protection plans in accordance with Article 38 of Decree No. 29/2011/NĐ-CP and in the forms prescribed in Appendices 23, 24, and 25 attached to this Circular.

Article 24. Implementation Provisions

1. The Minister, head of a ministerial-level agency, or government-affiliated agency, and the Chairmen of People's Committees at all levels organize the implementation of this Circular.

2. This Circular takes effect from May 2, 2012, and replaces Circular No. 04/2008/TT-BTNMT dated September 18, 2008, of the Ministry of Natural Resources and Environment guiding the preparation, approval, or confirmation of environmental protection plans and inspection, supervision of the implementation of environmental protection plans.

3. During the implementation of this Circular, any difficulties or obstacles encountered by ministries, sectors, localities, organizations, or individuals should promptly reflect them to the Ministry of Natural Resources and Environment for guidance or amendment and supplementation to ensure appropriateness./.