Circular No. 01/2024/TT-BTNMT stipulates the norms for conducting strategic environmental impact assessments of plans.

CIRCULAR

Regulations on Standards for Strategic Environmental Assessment Activities of Planning

Pursuant to the Environmental Protection Law dated November 17, 2020;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Department of Environment and the Director of the Department of Planning and Finance;

The Minister of Natural Resources and Environment issues this Circular stipulating standards for strategic environmental assessment activities of planning.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards for strategic environmental assessment activities through the selection of contractors for planning (including adjustments to planning objectives) within the scope prescribed in Article 25 of the Law on Environmental Protection and Appendix I issued together with Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 08/2022/NĐ-CP).

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals participating in the implementation of strategic environmental assessments for planning.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

The standards prescribed in this Circular are the maximum standards for implementing strategic environmental assessments.

Chapter II

STANDARDS FOR IMPLEMENTING STRATEGIC ENVIRONMENTAL ASSESSMENTSSTRATEGIC ENVIRONMENTAL ASSESSMENT BUDGET

Article 4. Direct Activities for Implementing Strategic Environmental Assessments

1. Preparing outlines and budget estimates for the implementation of strategic environmental assessments:

a) Collecting, compiling information, and analyzing documents to determine the contents of the strategic environmental assessment;

b) Determining the tasks to be carried out during the strategic environmental assessment process;

c) Preparing outlines and budget estimates for the implementation of the strategic environmental assessment.

2. Conducting and preparing reports on strategic environmental assessments:

a) Investigating, surveying, and collecting information on the changes in environmental components, natural heritage sites, protected areas, biodiversity conservation zones, and socio-economic conditions in the planning area and adjacent areas that may be affected by the planning;

b) Identifying the spatial and temporal scope for recognizing and forecasting to conduct the strategic environmental assessment (territory potentially impacted (positively/negatively) by the planning);

c) Evaluating the compatibility of the planning viewpoint and objectives with environmental protection viewpoints, objectives, and policies;

d) Identifying environmental issues during the implementation of the planning; analyzing and evaluating the main environmental issues of the planning area;

đ) Evaluating and forecasting trends of the main environmental issues and the impact of climate change on the main environmental issues in the case of not implementing the planning;

e) Evaluating and forecasting trends of the main environmental issues in the case of implementing the planning (positive and negative trends of the main environmental issues; impact of planning on climate change and vice versa);

g) Evaluating planning objectives and options, analyzing and proposing solutions to maintain positive trends and reduce negative trends of the main environmental issues;

h) Studying and proposing directions for environmental protection during the implementation of the planning;

i) Proposing solutions to mitigate negative trends and enhance positive trends of the main environmental issues and developing an environmental monitoring plan;

k) Establishing maps during the implementation of the strategic environmental assessment (if necessary);

l) Drafting the report on the strategic environmental assessment and submitting it to the agency responsible for drafting the planning.

Article 5. Indirect activities for implementing strategic environmental assessment

1. Selection of contractors for consultancy service packages to implement strategic environmental assessment.

2. Organizing conferences, seminars, roundtable discussions, consultations, and soliciting opinions.

3. General management.

Article 6. Standards for direct activities for implementing strategic environmental assessment of planning

1. Maximum standard for implementing strategic environmental assessment:

Calculation formula: of_{DMCT = DMCT standard x H} = G_{DMCT standard is the standard for implementing strategic environmental assessment for national master plans, national marine space plans, national land use plans, regional plans, provincial plans, and special administrative-economic units with a standard area of 5,000 km², as determined in Appendix I issued along with this Circular (excluding the standard for map establishment).}H is the scale factor based on the natural area including territory and territorial waters of the area where the strategic environmental assessment is implemented, as determined in Appendix II issued along with this Circular.₁H is the scale factor based on the natural area including territory and territorial waters of the area where the strategic environmental assessment is implemented, as determined in Appendix II issued along with this Circular.₂H is the scale factor based on the natural area including territory and territorial waters of the area where the strategic environmental assessment is implemented, as determined in Appendix II issued along with this Circular.₃

Where:

of_{DMCT = DMCT standard x H} is the impact level factor on the environment for industries and sectors, as determined in Appendix III issued along with this Circular. National master plans, national marine space plans, national land use plans, regional plans, provincial plans, and special administrative-economic units apply the factor.

of_{DMCT standard is the standard for implementing strategic environmental assessment for national master plans, national marine space plans, national land use plans, regional plans, provincial plans, and special administrative-economic units with a standard area of 5,000 km², as determined in Appendix I issued along with this Circular (excluding the standard for map establishment).} is the standard for conducting strategic environmental assessments of national master plans, national marine space plans, national land use plans, regional plans, provincial plans, special administrative-economic units with benchmark scale areas. is the special region factor, as determined in Appendix IV issued along with this Circular (this factor only applies to strategic environmental assessment reports for provincial and regional plans).² It is determined in Appendix I attached to this Circular (excluding the budget for map creation).

H₁ 2. The standards stipulated in Clause 1 of this Article are established based on the division according to four levels of experts specified in Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015, of the Minister of Labor, War Invalids and Social Affairs, and are designated: Level 1 Consultant Expert (CG1), Level 2 Consultant Expert (CG2), Level 3 Consultant Expert (CG3), Level 4 Consultant Expert (CG4).

H₂ 3. The standard for establishing maps during the implementation of strategic environmental assessment (if applicable) (including current status maps, environmental issue development maps; orientation maps for engineering measures, environmental monitoring; biodiversity conservation and climate change to identify relevant environmental issues related to planning and forecast trends, developments of major environmental issues) is not included in Appendix I of this Circular and shall be carried out according to the thematic map standard for provincial planning at Appendix VI of Circular No. 21/2023/TT-BKHĐT dated December 31, 2023, of the Minister of Planning and Investment amending and supplementing certain provisions of Circular No. 08/2019/TT-BKHĐT dated May 17, 2019, of the Minister of Planning and Investment guiding standards for planning activities and other relevant legal regulations concerning map construction work. H₂=1.

H₃ Article 7. Standards for indirect activities during the process of implementing strategic environmental assessment H₃ 1. Conferences, seminars, and councils during the process of implementing strategic environmental assessment include:

a) Council for reviewing the outline and budget for implementing strategic environmental assessment;

b) Seminars for consulting on steps to implement strategic environmental assessment (determining the scope of implementation, stakeholders, connections between the planning process and strategic environmental assessment; major environmental issues, assessing the impact of planning on the environment; solutions to maintain positive trends, reduce negative trends of major environmental issues);

c) Conferences and seminars to solicit opinions to complete the strategic environmental assessment report.

Based on requirements identified during the drafting of the outline, the planning agency determines the number of conferences and seminars for implementing strategic environmental assessment but not exceeding seven times.

2. Honoraria for participating in consultation seminars, conference and seminar expense allowances, and working expenses during the implementation of strategic environmental assessment shall be carried out in accordance with Circular No. 32/2023/TT-BTC dated May 19, 2023, of the Minister of Finance guiding the use of regular budget funds, including funding from organizations and individuals for planning preparation, review, decision-making, or approval and publication, adjustment.

Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally-administered cities that have approved budgets before this Circular takes effect but have not yet selected consultancy contractors to implement strategic environmental assessment shall adjust their budgets based on this Circular.

2. In cases where legal normative documents serving as bases or cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing legal normative documents./.

Based on requirements identified during the preparation of the outline, the planning agency determines the number of meetings and seminars for conducting strategic environmental assessments, but not exceeding seven times the organization of meetings and seminars.

2. The honorarium rate for participation in consultation workshops, meeting and seminar expenses, and working expenses during the implementation of strategic environmental assessments shall be carried out in accordance with Circular No. 32/2023/TT-BTC dated May 19, 2023, issued by the Minister of Finance guiding the use of regular budget funds, including funding from organizations and individuals for the preparation, review, decision-making, or approval and publication, adjustment of plans.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Transitional Provisions

Ministries, ministerial-level agencies, government agencies, provincial people's committees, centrally governed cities that have approved budgets prior to the effective date of this Circular but have not yet selected consulting contractors to conduct strategic environmental assessments shall adjust their budgets based on this Circular.

Article 9. Effective Date

1. The Director of the Finance and Planning Department is responsible for guiding and supervising the implementation of this Circular.

Article 10. Implementation Organization

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and related organizations and individuals are responsible for implementing this Circular.

2. In cases where legal normative documents serving as bases or cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented legal normative documents or the replacing documents./.