Consolidated Document number 03/VBHN-BTNMT stipulates regulations on environmental planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans.

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 03/VBHN-BTNMT	Hanoi, November 28, 2018

DECREE

REGULATIONS ON ENVIRONMENTAL PROTECTION PLANNING, STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT, AND ENVIRONMENTAL PROTECTION PROGRAMS

Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection programs, which took effect from April 1, 2015, was repealed in part by:

Decree No. 136/2018/NĐ-CP dated October 5, 2018 of the Government amending certain articles of related decrees concerning business conditions in the field of natural resources and environment, which took effect from October 5, 2018.

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Environmental Protection Law on June 23, 2014;

At the proposal of the Minister of Natural Resources and Environment,

The Government promulgates this Decree to regulate environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection programs[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and implementation measures for provisions on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection programs under the Law on Environmental Protection.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals involved in environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection programs within the territory of the Socialist Republic of Vietnam.

Chapter II

ENVIRONMENTAL PROTECTION PLANNING

Article 3. Preparation of environmental protection planning

1. Environmental protection planning shall be prepared in accordance with economic and social development plans for the period 2021-2030, with a vision to 2040, at two (02) levels: national environmental protection planning and provincial environmental protection planning.

2. National environmental protection planning includes the following main contents:

a) Trends, management objectives for forest environments, biodiversity conservation;

b) Current status of marine and island environments, river basins; objectives and measures for conserving and protecting marine and island resources and environments, river basins;

c) Current status of air emissions and air quality; objectives and planning measures for activities with large air emission sources;

d) Current status of land degradation and pollution; objectives and measures for preventing land degradation and pollution, restoring degraded lands;

đ) Current status of water pollution; objectives and measures for wastewater management and water environment protection;

e) Current status of solid waste collection, treatment, and management objectives and measures for household, industrial solid waste, and hazardous waste;

g) Current status of environmental monitoring networks; objectives and planning directions for environmental monitoring systems;

h) Environmental zoning according to development, protection, conservation, and climate change adaptation objectives;

i) Priority environmental programs and environmental indicators;

k) Maps and diagrams related to the planning area;

l) Resources for implementing environmental protection planning; responsibilities for organizing implementation and supervising the implementation of environmental protection planning.

3. Provincial environmental protection planning shall be prepared in the form of separate reports or integrated into comprehensive socio-economic development plans with the following contents:

a) For provincial environmental protection planning in the form of separate reports, it must reflect the contents stipulated in Clause 2 of this Article with more detailed requirements linked to geographical location, natural environmental conditions, and specific socio-economic conditions of the locality where the planning is being developed;

b) For provincial environmental protection planning integrated into comprehensive socio-economic development plans, it must reflect the contents stipulated in Clause 2 of this Article with more detailed requirements linked to geographical location, natural environmental conditions, and specific socio-economic conditions of the locality where the planning is being developed, wherein the contents on resources for implementing environmental protection planning, responsibilities for organizing implementation, and supervising the implementation of environmental protection planning shall be integrated into corresponding contents of the comprehensive socio-economic development plan.

4. The Ministry of Natural Resources and Environment shall provide detailed guidance on the procedures for preparing outline proposals and approving tasks for developing environmental protection planning.

5. The agency responsible for preparing environmental protection planning must study and incorporate opinions from consulted agencies and organizations; prepare a dossier for submitting the planning for review according to Clause 1 of Article 4 of this Decree to the competent authority specified in Clause 2 of Article 11 of the Law on Environmental Protection for review.

Article 4. Environmental Protection Planning Review

1. The review of environmental protection planning shall be conducted as follows:

a) For national environmental protection planning and provincial environmental protection planning in the form of separate reports, it shall be carried out through a review board established by the head or person in charge of the agency organizing the environmental protection planning review under Clause 2, Article 11 of the Environmental Protection Law.

The composition of the review board includes the Chairman of the board, one (01) Deputy Chairman when necessary, two (02) Reviewers, one (01) Secretary member, and some other members, including representatives from agencies at the same level as the planning level from sectors such as Natural Resources and Environment; Industry and Trade; Construction; Agriculture and Rural Development; Transport; Culture, Sports and Tourism; Planning and Investment, and other relevant sectors;

b) For environmental protection planning incorporated into comprehensive socio-economic development planning: The People's Committee of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees) shall organize the review concurrently with the review of provincial comprehensive socio-economic development planning.

2. The application dossier for reviewing national environmental protection planning and provincial environmental protection planning in the form of separate reports shall be as follows:

a) For national environmental protection planning, it includes the request for review of the national environmental protection planning submitted by the main agency responsible for drafting the planning and the draft of the national environmental protection planning;

b) For provincial environmental protection planning in the form of separate reports, it includes the request for review of the provincial environmental protection planning submitted by the main agency responsible for drafting the planning and the draft of the provincial environmental protection planning in the form of separate reports.

3. The review board shall have the responsibility to examine the content of the environmental protection planning and provide review opinions; the activities of the environmental protection planning review board shall be implemented according to the guidance of the Ministry of Natural Resources and Environment.

4. The agency conducting the review of environmental protection planning may carry out the following activities to support the review board:

a) Solicit independent feedback from political-social organizations, social organizations, occupational social organizations, and experts in the field of environment;

b) Organize specialized meetings and seminars related to the content of the environmental protection planning.

5. The Ministry of Natural Resources and Environment shall provide detailed guidelines on the formats of documents, materials, and application dossiers for review; the organization and activities of the environmental protection planning review board; and develop and issue technical guidelines for drafting environmental protection planning.

Article 5. Approval of National Environmental Protection Planning

1. The main agency responsible for drafting national environmental protection planning shall complete the content of the national environmental protection planning and submit it to the Ministry of Natural Resources and Environment along with a document explaining the adoption of review comments and suggestions.

2. The Ministry of Natural Resources and Environment shall prepare the dossier for approval of national environmental protection planning, including:

a) A report to the Prime Minister by the Minister of Natural Resources and Environment on the process of drafting and reviewing the national environmental protection planning;

b) The draft of the national environmental protection planning that has been revised and completed based on research and adoption of review comments and suggestions;

c) The draft decision of the Prime Minister approving the national environmental protection planning, which must reflect the goals and orientation of the national environmental protection planning, priority environmental protection programs and projects, environmental indicators, resources, responsibilities for implementation and supervision of the implementation of the national environmental protection planning.

Article 6. Approval of Provincial Environmental Protection Planning

1. For provincial environmental protection planning in the form of separate reports, the application dossier for approval shall include:

a) A report from the People's Committee of the province on the process of drafting, reviewing, and incorporating comments from the competent agency responsible for drafting the provincial environmental protection planning;

b) Draft provincial environmental protection planning;

c) The review opinion of the Ministry of Natural Resources and Environment on the content of the provincial environmental protection planning;

d) Draft decision of the Chairman of the People's Committee of the province to approve the provincial environmental protection planning, which must reflect the objectives, orientation of the provincial environmental protection planning, environmental indicators, priority environmental programs and projects, resources, responsibilities for implementation and supervision of the implementation of the provincial environmental protection planning.

2. For provincial environmental protection planning integrated into comprehensive socio-economic development planning, the Chairman of the People's Committee of the province shall approve the content of the provincial environmental protection planning after receiving the written review opinion of the Ministry of Natural Resources and Environment on the content of the provincial environmental protection planning.

Article 7. Publicizing Information on Environmental Protection Planning

1. The Ministry of Natural Resources and Environment shall send the decision approving the national environmental protection planning to relevant ministries, sectors, and provincial People's Committees within no more than five (05) working days from the date of issuance.

2. The provincial People's Committee shall send the decision approving the provincial environmental protection planning to relevant departments, district People's Committees, and the Ministry of Natural Resources and Environment within no more than five (05) working days from the date of issuance.

3. The Ministry of Natural Resources and Environment shall organize the publication of the decision approving and main contents of the national environmental protection planning on its website and other forms within no more than thirty (30) working days from the date of issuance.

4. The provincial People's Committee shall organize the publication of the decision approving and main contents of the provincial environmental protection planning on its website and other forms within no more than thirty (30) working days from the date of issuance.

Chapter III

STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 8. Implementation of Strategic Environmental Assessment

1. Objects specified in Appendix I of this Decree must implement strategic environmental assessment.

2. Agencies assigned the task of building strategies, plans, and programs as stipulated in Clause 1 of this Article shall be responsible for:

a) Conducting or hiring consulting organizations to conduct strategic environmental assessment according to Articles 14 and 15 of the Law on Environmental Protection;

b) Submitting the dossier requesting review of the strategic environmental assessment report to the agency responsible for organizing the review of the strategic environmental assessment report (determined based on the approval authority of the strategy, plan, program) as stipulated in Clause 1 of Article 16 of the Law on Environmental Protection.

3. Consulting organizations conducting strategic environmental assessment shall bear responsibility before the agency building the strategy, plan, program and before the law regarding the results of the strategic environmental assessment, information and data created by themselves in the strategic environmental assessment report.

4. In cases where the strategy, plan, or program has been reviewed and adjusted by the competent authority without significantly increasing negative impacts on the environment, the agency assigned the task of preparing the adjustment dossier shall submit a report to the Ministry of Natural Resources and Environment requesting consideration instead of submitting the dossier requesting review of the strategic environmental assessment report.

5. The Ministry of Natural Resources and Environment shall provide detailed guidelines on the format of documents, materials, and dossiers for requesting review of the strategic environmental assessment report; develop and issue technical guidance for implementing strategic environmental assessment.

Article 9

[2].

(Repealed)

Article 10. Review of Strategic Environmental Assessment Reports

1. The review of Strategic Environmental Assessment reports shall be conducted through a review board established by the head of the agency responsible for reviewing such reports, with at least nine (09) members.

The composition of the review board includes the Chairman, one (01) Vice-Chairman if necessary, one (01) Secretary member, two (02) opposing members, and some other members, among whom at least thirty percent (30%) of the board members must have five (05) years or more of experience in strategic environmental assessment.

2. The review board is responsible for examining the contents of the Strategic Environmental Assessment report and providing review opinions. The Ministry of Natural Resources and Environment shall guide the activities of the review board.

3. The agency reviewing the Strategic Environmental Assessment report may supplement the following activities:

a) Surveying the project implementation area and adjacent areas;

b) Verifying and evaluating information, data, analysis, assessment, and forecasting results in the Strategic Environmental Assessment report;

c) Soliciting opinions from political-social organizations, social organizations, occupational social organizations, and relevant experts;

d) Organizing specialized evaluation meetings by topic.

4. The reviewing agency is responsible for organizing the review and notifying the results to the agency requesting the review of the Strategic Environmental Assessment report within the prescribed time limit as follows:

a) Not exceeding forty-five (45) working days from the date of receiving complete valid files for Strategic Environmental Assessment reports of objects under items 1, 2, 3, 4, 5.1, and 6 of Appendix I of this Decree;

b) Not exceeding thirty (30) working days from the date of receiving complete valid files for Strategic Environmental Assessment reports of objects under item 5.2 of Appendix I of this Decree.

Article 11. Report on the Results of Reviewing Strategic Environmental Assessment Reports

1. The agency reviewing the Strategic Environmental Assessment report is responsible for reporting to the competent authority approving the strategy, plan, or program about the results of reviewing the Strategic Environmental Assessment report within a maximum of fifteen (15) working days from the date of receiving the completed Strategic Environmental Assessment report submitted by the agency requesting the review based on research and consideration of the review board's opinions.

2. The reviewing and approving agencies for strategies, plans, or programs are responsible for comprehensively and objectively considering the opinions and recommendations of the agency reviewing the Strategic Environmental Assessment report during the process of approving the strategy, plan, or program.

3. The report on the results of reviewing the Strategic Environmental Assessment report must reflect the review process, achievements, and fundamental issues in implementing the strategic environmental assessment, as well as the recommendations of the agency reviewing the Strategic Environmental Assessment report for the competent authority to consider and decide on the approval of the strategy, plan, or program.

4. The report on the results of reviewing the Strategic Environmental Assessment report serves as the basis for the competent authority to consider and approve the strategy, plan, or program.

Chapter IV

ENVIRONMENTAL IMPACT ASSESSMENT

Article 12. Implementation of Environmental Impact Assessment

1. The objects required to implement environmental impact assessment are specified in Appendix II of this Decree.

2. The project owner of the objects specified in Clause 1 of this Article shall be responsible for conducting the environmental impact assessment themselves or hiring consulting organizations to conduct it in accordance with Article 19 of the Law on Environmental Protection; they shall bear legal responsibility for the results of the environmental impact assessment and the information and data used in the environmental impact assessment report.

3. Consulting organizations conducting environmental impact assessments shall be responsible to the project owner and before the law regarding the results of the environmental impact assessment and the information and data created by them in the environmental impact assessment report.

4. During the implementation of the environmental impact assessment, the project owner must consult the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) where the project is implemented, and the organizations and communities directly affected by the project; study and adopt objective opinions and reasonable recommendations from the consulted entities to minimize the adverse impacts of the project on natural biodiversity and community health.

5. The consultation of opinions from the People's Committee of the commune where the project is implemented and the organizations directly affected by the project shall be carried out according to the following procedure:

a) The project owner sends the environmental impact assessment report of the project to the People's Committee of the commune where the project is implemented and the organizations directly affected by the project along with a document requesting comments.

b) The People's Committee of the commune where the project is implemented and the organizations directly affected by the project shall provide feedback in writing within a maximum of fifteen (15) working days from the date of receipt of the project owner's document, or may not need to provide written feedback in cases of approval for the project implementation.

6. The consultation of the community directly affected by the project shall be conducted in the form of a community meeting co-hosted by the project owner and the People's Committee of the commune where the project is implemented, with the participation of representatives from the United Front Committee at the commune level, political and social organizations, occupational social organizations, neighborhood associations, villages, and hamlets summoned by the People's Committee of the commune. Opinions of the delegates attending the meeting must be fully and truthfully reflected in the minutes of the community meeting.

7. The Ministry of Natural Resources and Environment shall provide detailed guidelines on the forms and documents of the application dossier for the review of the environmental impact assessment report; establish and promulgate technical guidelines for preparing specialized environmental impact assessment reports.

Article 13

[3].

(Repealed)

Article 14. Review and Approval of Environmental Impact Assessment Reports

1. The authority to organize the review of environmental impact assessment reports is as follows:

a) The Ministry of Natural Resources and Environment shall organize the review and approval of environmental impact assessment reports of projects specified in Appendix III of this Decree, except for projects involving national defense and security secrets;

b) Ministries and agencies equivalent to ministries shall organize the review and approval of environmental impact assessment reports of projects under their investment approval authority, except for projects specified in Appendix III of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security shall organize the review and approval of environmental impact assessment reports of projects involving national defense and security secrets and projects under their investment approval authority, except for projects specified in Appendix III of this Decree;

d) Provincial People's Committees shall organize the review and approval of environmental impact assessment reports of investment projects in their jurisdiction, except for projects specified in Points a, b, and c of this Clause.

2. The time limit for reviewing environmental impact assessment reports is as follows:

a) Not exceeding forty-five (45) working days from the date of receipt of complete and valid application dossiers for projects under the review authority of the Ministry of Natural Resources and Environment;

b) Not exceeding thirty (30) working days from the date of receipt of complete and valid application dossiers for projects not covered by Point a of this Clause;

c) Within the time limits specified in Points a and b of this Clause, the reviewing agency shall be responsible for notifying the project owner in writing about the review results. The time taken by the project owner to complete the environmental impact assessment report based on the requirements of the reviewing agency shall not be included in the review period.

3. The review of environmental impact assessment reports shall be conducted through a review board established by the head of the agency tasked with reviewing the environmental impact assessment report (hereinafter referred to as the reviewing agency) with at least seven (07) members.

The composition of the review board includes a Chairman, one (01) Deputy Chairman if necessary, one (01) Secretary member, two (02) opposing members, and some other members, among which at least thirty percent (30%) of the board members must have at least seven (07) years of experience in the field of environmental impact assessment.

4. The review board shall be responsible for examining the contents of the environmental impact assessment report and providing review opinions as a basis for the reviewing agency to consider and decide on the approval of the environmental impact assessment report. The Ministry of Natural Resources and Environment shall guide the operation of the review board.

5. The review of environmental impact assessment reports for projects aimed at timely response to natural disasters and epidemics may be conducted through the form of soliciting opinions from relevant agencies and organizations without necessarily going through the review board.

6. The Ministry of Natural Resources and Environment shall guide provincial people's committees to delegate the authority to review and approve environmental impact assessment reports to industrial park management boards based on considering the proposals of provincial people's committees and evaluating the capacity of each industrial park management board; provide detailed guidelines on the forms of related documents for the review, approval, and confirmation of environmental impact assessment reports.

Article 15. Re-preparation of Environmental Impact Assessment Report

1. In cases where a project has been approved for an Environmental Impact Assessment Report but during implementation, any of the following changes occur, a new Environmental Impact Assessment Report must be prepared:

a) Changes as stipulated in Points a and b of Clause 1, Article 20 of the Law on Environmental Protection;

b) Additional investment items with scale and capacity equivalent to those listed in Appendix II of this Decree;

c) Changes in scale, capacity, technology, or other changes leading to environmental protection facilities being unable to handle increased environmental issues;

d) At the request of the project proponent.

2. The project proponent may only implement the changes specified in Points a, b, c, and d of Clause 1 of this Article after the competent authority re-approves the Environmental Impact Assessment Report.

3. The re-preparation, review, and re-approval of the Environmental Impact Assessment Report shall be carried out in accordance with Articles 12, 13, and 14 of this Decree.

Article 16. Responsibilities of the Project Proponent after the Environmental Impact Assessment Report is Approved

1. If necessary, adjust the content of the investment project to ensure that environmental protection measures and facilities comply with the requirements set forth in the decision approving the Environmental Impact Assessment Report.

2. Develop an environmental management plan for the project based on the environmental management and monitoring program proposed in the Environmental Impact Assessment Report and publicly display it at the People's Committee office of the commune where public consultation was conducted during the environmental impact assessment process, in accordance with guidelines issued by the Ministry of Natural Resources and Environment.

3. Strictly comply with the requirements stipulated in Articles 26 and 27 of the Law on Environmental Protection.

4. Notify in writing the organizations conducting consultations and the agency that approved the Environmental Impact Assessment Report about the trial operation plan for waste treatment facilities serving the operational phase (either phased or the entire project) at least ten (10) working days before the trial operation begins. The trial operation period shall not exceed six (06) months; any extension of the trial operation period must be approved by the agency that approved the Environmental Impact Assessment Report.

5. Prepare, approve, and implement a reservoir cleaning plan prior to water impoundment in cases where the project includes construction of irrigation dams or hydropower dams; water impoundment can only proceed after approval by the agency that approved the Environmental Impact Assessment Report.

6. For cases specified in Column 4 of Appendix II of this Decree, the project proponent must report on the completion of environmental protection facilities serving the operational phase of the project based on the approved Environmental Impact Assessment Report and any approved adjustment requests (if applicable), to the agency that approved the Environmental Impact Assessment Report for verification and confirmation of completion before officially commencing operations. For projects with multiple phases, reporting on the completion of environmental protection facilities serving the operational phase of the project shall be done according to each phase of the project.

7. Report in writing and only implement changes related to the scope, scale, capacity, production technology, and environmental protection facilities of the project after obtaining the approval of the agency that approved the Environmental Impact Assessment Report.

Article 17. Inspection and Confirmation of Environmental Protection Works for Project Operation Phase

1. The inspection of environmental protection works serving the operation phase of the project shall be conducted through an inspection team established by the head of the agency approving the environmental impact assessment report or an authorized agency.

2. The time limit for issuing a certificate of completion of environmental protection works is as follows:

a) Not exceeding fifteen (15) working days from the date of receipt of the report on the results of implementing environmental protection works serving the project's operation phase, where sampling and analysis of environmental indicators to verify compliance is not required;

b) Not exceeding thirty (30) working days from the date of receipt of the report on the results of implementing environmental protection works serving the project's operation phase, where sampling and analysis of environmental indicators to verify compliance is required.

3. Within the time limits set forth in Clause 2 of this Article, the agency approving the environmental impact assessment report or the authorized agency shall be responsible for issuing a certificate of completion of environmental protection works serving the project's operation phase; if such a certificate has not been issued, a written explanation stating the reasons must be provided.

4. The Ministry of Natural Resources and Environment shall provide detailed guidance on the report on the results of implementing environmental protection works; the organization and activities of the inspection team; and the forms of related documents concerning the inspection and confirmation of completed environmental protection works.

Chapter V

ENVIRONMENTAL PROTECTION PLAN

Article 18. Registration of Environmental Protection Plan

1. The subjects required to register an environmental protection plan are as follows:

a) New investment projects, expansion of scale, and increased capacity of production, business, and service establishments not falling under the categories specified in Appendix II of this Decree;

b) Investment plans for production, business, and services; expansion of scale and increased capacity of production, business, and service establishments not falling under the categories specified in Clause 4 of this Article, and also not listed in Appendix II of this Decree.

2. The project proponent or establishment owner of the subjects specified in Clause 1 of this Article must register the environmental protection plan with the competent authority as stipulated in Clause 1 of Article 19 of this Decree.

3. In cases where the project or investment plan for production, business, and services spans two (02) provinces or more, the registration of the environmental protection plan shall be carried out at one of the provincial People's Committees upon the request of the project proponent or establishment owner.

4. Subjects specified in Appendix IV of this Decree are exempt from registering an environmental protection plan.

Article 19. Confirmation of Environmental Protection Plan

1. Responsibilities for confirming the environmental protection plan are as follows:

a) Provincial specialized agencies on environmental protection shall confirm the environmental protection plan for the subjects specified in Clause 1 of Article 32 of the Environmental Protection Law;

b) District People's Committees shall confirm the environmental protection plan for the subjects specified in Clause 1 of this Article, except for those specified in Point a of this Clause;

c) Commune People's Committees shall confirm the environmental protection plan for household-scale investment plans for production, business, and services authorized in writing by the District People's Committee;

d) Management boards of industrial zones, export processing zones, and economic zones shall implement the confirmation of the environmental protection plan for investment projects and investment plans for production, business, and services within industrial zones, export processing zones, and economic zones when authorized by competent authorities.

2. The time limit for confirming the registration of the environmental protection plan is as stipulated in Clause 3 of Article 32 of the Environmental Protection Law.

3. The subjects specified in Clause 1 of this Article may only proceed with implementation after obtaining confirmation of their environmental protection plan from the competent authority.

4. The responsibilities of the project proponent, establishment owner, and state agencies after the environmental protection plan has been confirmed are as stipulated in Articles 33 and 34 of the Environmental Protection Law.

5. The Ministry of Natural Resources and Environment shall provide detailed guidance on the forms of the registration dossier for the environmental protection plan and the delegation of authority to confirm plans for management boards of industrial zones, export processing zones, and economic zones.

Chapter VI

IMPLEMENTATION

Article 20. Financial regime for environmental planning work, strategic environmental assessment, environmental impact assessment, environmental protection plan, and environmental protection project proposal

1. Costs for constructing, reviewing, and publishing environmental protection plans shall be guaranteed from the environmental public service budget or other sources if available.

2. The financial regime for strategic environmental assessment work is stipulated as follows:

a) Costs for implementing strategic environmental assessments shall be allocated within the budget for building strategies, plans, and programs, which are guaranteed from the economic public service budget or other sources if available;

b) Costs for activities related to reviewing strategic environmental assessment reports shall be guaranteed from the environmental public service budget.

3. The financial regime for environmental impact assessment activities is stipulated as follows:

a) Costs for implementing environmental impact assessments shall be allocated from the project investment capital;

b) Costs for activities related to reviewing environmental impact assessment reports shall be allocated from the fees collected for reviewing environmental impact assessment reports;

c) Costs for activities related to inspecting environmental protection facilities during the operation phase of projects shall be taken from the environmental public service budget.

4. The financial regime for establishing and confirming environmental protection plans is stipulated as follows:

a) Costs for establishing environmental protection plans shall be allocated from the project investment capital, production and business plans, or services;

b) Costs for activities related to confirming environmental protection plans shall be allocated from the environmental public service budget.

5. The financial regime for establishing, reviewing, approving, and inspecting the completion of detailed environmental protection project proposals; establishing and inspecting the implementation of simple environmental protection project proposals is stipulated as follows:

a) Costs for establishing detailed and simple environmental protection project proposals shall be allocated from the capital of the project owner or facility owner;

b) Project owners or facility owners who have not paid the fee for reviewing environmental impact assessment reports must pay the cost equivalent to the review fee for detailed environmental protection project proposals to the agency directly responsible for the review task; the collection, payment, and management of the review fee for detailed environmental protection project proposals shall be implemented similarly to the review fee for environmental impact assessment reports;

c) Costs for activities related to inspecting the completion of detailed environmental protection project proposals shall be guaranteed from the environmental public service budget.

Responsibilities for guidance:

a) The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide Clauses 1, Clause 2, Points b and c of Clause 3, Point b of Clause 4, and Points b and c of Clause 5 of this Article;

b) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Planning and Investment to guide Point a of Clause 3 and Point a of Clause 4 of this Article for projects using state budget funds.

Article 21. Reporting System

1. The People's Committee at the district level shall submit a report to the People's Committee at the provincial level before January 1 each year on the registration and inspection activities of the implementation of environmental protection plans in the previous year under their jurisdiction.

2. The People's Committee at the provincial level shall submit a report to the Ministry of Natural Resources and Environment before January 15 each year on the review activities of strategic environmental assessment reports; the review and approval activities of environmental impact assessment reports; the registration and inspection activities of the implementation of detailed environmental protection plans; the inspection and confirmation activities of environmental protection facilities in the previous year under their jurisdiction.

3. Ministries and agencies at the ministerial level shall submit a report to the Ministry of Natural Resources and Environment before January 15 each year on the review activities of strategic environmental assessment reports; the review and approval activities of environmental impact assessment reports and detailed environmental protection project proposals; the inspection and confirmation activities of environmental protection facilities in the previous year for projects under their management authority.

4. The Ministry of Natural Resources and Environment shall specify the contents and formats of the reports stipulated in Clauses 1, Clause 2, and Clause 3 of this Article.

Chapter VII

IMPLEMENTING PROVISIONS

[4]

Article 22. Transitional provisions

1. Environmental Strategic Assessment Reports; Environmental Impact Assessment Reports; Reports on the results of implementing environmental protection measures and facilities serving the operation phase of projects; Commitment Registration Forms for Environmental Protection; Detailed Environmental Protection Project Proposals that were accepted by competent authorities before the effective date of this Decree shall continue to be considered and resolved according to the provisions of the law at the time of acceptance.

2. Production, business, and service entities that have officially commenced operations but do not have decisions approving environmental impact assessment reports; certificates confirming the registration of commitment forms for environmental protection according to the law before the effective date of this Decree must implement one of the following two remedial measures within thirty-six (36) months from the date of the Decree's enforcement:

a) Establish detailed environmental protection project proposals for facilities with scale and nature equivalent to those required to prepare environmental impact assessment reports under this Decree and submit them to the competent authority specified in Clause 1 of Article 14 of this Decree for organization of review and approval of detailed environmental protection project proposals;

b) Establish simple environmental protection project proposals for facilities with scale and nature equivalent to those required to register commitment forms for environmental protection under Clause 1 of Article 18 of this Decree and submit them to the competent authority specified in Clause 1 of Article 19 for registration.

3. The Ministry of Natural Resources and Environment shall provide detailed guidance on the establishment, review, and approval of detailed environmental protection project proposals and the establishment and registration of simple environmental protection project proposals.

Article 23. Effectiveness of Implementation

1. This Decree takes effect from April 1, 2015.

2. Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment, and Decree No. 35/2014/ND-CP dated April 29, 2014 of the Government amending and supplementing certain articles of Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment shall cease to be effective from the date this Decree takes effect.

Article 24. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall be responsible for guiding and organizing the implementation of this Decree.

2. The Minister, the Heads of Ministries equivalent to Ministries, the Heads of Government agencies, and the Chairpersons of People's Committees at all levels shall be responsible for implementing this Decree./.

Place of Receipt: - Office of the Government (for publication in the Official Gazette); - Ministries, agencies equivalent to ministries, and government agencies; - People's Committees of provinces and centrally governed cities; - Provincial Departments of Natural Resources and Environment under the Central Government; - Department of Legal Drafting, Ministry of Justice; - Government Portal (for publication); - Units subordinate to the Ministry of Natural Resources and Environment; - Electronic Information Portal of the Ministry of Natural Resources and Environment; - To be filed: VT, PC.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER TRAN HONG HA

ANNEX I

LIST OF OBJECTS REQUIRED TO IMPLEMENT STRATEGIC ENVIRONMENTAL ASSESSMENTS

(Annexed to Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government)

1	Strategic plans and overall development master plans for socio-economic regions, key socio-economic zones, economic corridors, and economic belts
2	Overall development master plans for provinces, cities, centrally-administered municipalities, and special administrative-economic zones
3	National-level strategic plans and master plans for developing economic zones, export processing zones, high-tech industrial parks, and industrial parks
4	Strategic plans, master plans, and sectoral development plans with significant impacts on the environment
4.1	National-level strategic plans and master plans for sectoral development
4.1.1	National-level strategic plans for the development of industries and sectors including industry, agriculture, rural development, transportation, construction, tourism, healthcare
4.1.2	Strategic plans and master plans for the development of the power sector, hydropower, thermal power, nuclear energy, oil and gas exploitation, petrochemicals, chemical industry, fertilizers, plant protection products, rubber, textile, cement, steel, mineral exploration, mining, and processing
4.1.3	Strategic plans and master plans for the development of the agricultural, forestry, fisheries, irrigation, and livestock sectors
4.1.4	Strategic plans and master plans for the development of transportation infrastructure including roads, railways, seaports, inland waterways, airports
4.1.5	Comprehensive urban system strategic plans and master plans; building materials master plans
4.1.6	Strategic plans and master plans for tourism and golf course development
4.1.7	Strategic plans and master plans for the development of healthcare networks
4.2	Sectoral development plans and master plans spanning multiple provinces or regions
4.2.1	Fisheries development plans
4.2.2	Irrigation development plans
4.2.3	Hydropower development plans
4.2.4	Transportation development plans
4.2.5	Master plans for general urban areas
4.2.6	Mineral extraction and processing plans
4.2.7	Land use planning
4.2.8	Resource utilization and marine environmental plans
5	Adjustments to strategic plans, master plans, and sectoral plans
5.1	Strategic plans, master plans, and sectoral plans under items 1, 2, 3, and 4 of the Annex that have not been reviewed by competent authorities for strategic environmental assessments prior to adjustment
5.2	Strategic plans, master plans, and sectoral plans under items 1, 2, 3, and 4 of the Annex that potentially have negative impacts on the environment due to the implementation of adjustment schemes
6	Other strategic plans, master plans, and sectoral plans as directed by the National Assembly, the Government, or the Prime Minister

ANNEX II

LIST OF PROJECTS REQUIRED TO IMPLEMENT ENVIRONMENTAL IMPACT ASSESSMENTS

(Annexed to Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government)

No.	Project		Scale		Objects required to report on the implementation of environmental protection works
(1)	(2)		(3)		(4)
1.	Projects within the investment decision-making authority of the National Assembly; projects within the investment decision-making authority of the Government or the Prime Minister		All		Determined according to specific projects listed in this List
2.	Projects using land from national parks, natural conservation areas, world heritage sites, biosphere reserves; projects using land from historical-cultural relics or scenic spots classified at the national level		All		Determined according to specific projects listed in this List
	Projects causing deforestation; changing the purpose of forest land use; changing the purpose of rice cultivation land use		From 5 hectares or more for protective forests and special-use forests From 10 hectares or more for natural forests From 50 hectares or more for other types of forests From 5 hectares or more for converting rice cultivation land to non-agricultural land
Group of construction projects
3.	Construction projects for urban technical infrastructure, residential areas		With an area of 5 hectares or more		Primary market:
4.	New construction or renovation projects for urban drainage systems, residential area drainage systems; dredging canals, riverbeds, lakes		For new construction or renovation projects of urban drainage systems, residential area drainage systems, with a length of the project from 10 kilometers or more; For dredging canal, riverbed, lake projects, with an area of 5 hectares or more for dredging or a total volume of dredging from 50,000 cubic meters3 or more.		Primary market:
5.	Infrastructure construction projects for industrial parks, high-tech parks, industrial clusters, export processing zones, commercial areas, craft villages, and other concentrated production and business areas		All		All
6.	Supermarket and shopping center construction projects		With a floor area of 10,000 square meters or more2 or more.		Primary market:
7.	Construction projects for first and second-class markets in cities, towns, and market towns		All		Primary market:
8.	Construction projects for medical facilities and other health facilities		With 50 beds or more		All
9.	Construction projects for tourist accommodation facilities and residential areas		Tourist accommodation facilities with 50 rooms or more Residential areas for 500 users or 100 households or more		Primary market:
10.	Construction projects for tourist areas, sports, entertainment, and golf courses		With an area of 10 hectares or more		Primary market:
11.	Construction projects for cemeteries and crematoriums		With an area of 20 hectares or more for cemeteries All for crematoriums		Primary market:
12.	Construction projects for military training centers, shooting ranges, defense ports, military warehouses, and defense economic zones		All		Primary market:
13.	Construction projects involving coastal reclamation		With a coastline length of 1,000 meters or more or a reclaimed area of 5 hectares or more		Primary market:
Group of construction projects for building materials production
14.	Construction projects for cement production facilities and clinker production facilities		All construction projects for cement production facilities; clinker production facilities with a capacity of 100,000 tons/year or more		All
15.	Construction projects for brick, tile, and fiber-cement sheet production facilities		With a capacity of 100 million standard bricks/tiles/year or more or 500,000 square meters/year of fiber-cement sheets2 cement fiber roofing sheets/year or more		All
16.	Construction projects for various types of ceramic tile production facilities		With a capacity of 500,000 square meters/year or more2/year or more		All
17.	Construction projects for other building material production facilities		With a capacity of 50,000 tons/year or more of products		All
18.	Construction projects for hot-mix asphalt, ready-mixed concrete, and other types		Capacity of 100 tons of product/day or more		Primary market:
Group of transportation projects
19.	Underground transportation construction project, cable car		All for underground transportation works; cable cars with a length of 500 meters or more		Primary market:
20.	Construction project of expressway, roads from Class I to Class III, mountainous Class IV roads; railways, elevated railways		All for expressways, roads from Class I to Class III; railways, elevated railways; Over 50 kilometers for mountainous Class IV roads		Primary market:
21.	Airports, airfields construction project (runways, cargo terminals, passenger terminals)		All runways, passenger terminals; Cargo terminals with capacity of 200,000 tons of goods/year or more		Primary market:
22.	Bridge construction project for road and railway		Length of 500 meters or more (excluding approach roads)		Primary market:
23.	River port, sea port construction project; anchorage area for typhoon shelter; navigation channel dredging project, inland waterway channel dredging project		River ports, sea ports receiving ships with a deadweight tonnage of 1,000 DWT or more; Typhoon shelter anchorage areas receiving ships with a deadweight tonnage of 1,000 DWT or more; Dredging volume of 50,000 m3/year or more		Primary market:
24.	Passenger bus terminal, railway station construction project		Land use area of 5 hectares or more		Primary market:
Group of electronic, energy, radiation-related projects
25.	Nuclear reactor construction project; nuclear power plant, thermal power plant construction project		All		All
26.	Construction project of production facilities, business, service using radioactive materials or generating radioactive waste		All cases generating radioactive waste above the permissible exemption threshold		Primary market:
27.	Wind power, solar power, hydroelectric power plant construction project		On an area of 100 hectares or more for wind and solar power plants; With reservoir capacity of 100,000 m3 cubic meters or more or capacity of 10 MW or more for hydroelectric power plants		Primary market:
28.	Electric transmission line construction project; substation		Transmission lines of 110kV or higher; Substations with capacity of 500 kV		Primary market:
29.	Production, processing of electrical equipment, electronics and electronic components		Capacity of 500,000 units/year or more for electronic equipment, electronic components; Capacity of 500 tons of product/year or more for electrical equipment		All projects involving electroplating processes
Group of water conservancy, forest exploitation, agriculture-related projects
30.	Water storage facility construction project	Reservoir capacity of 100,000 m3 cubic meters or more		Primary market:
31.	Irrigation, water supply, drainage and flood control project serving agriculture, forestry, fisheries	Irrigation, drainage, water supply for an area of 500 hectares or more		Primary market:
32.	Embankment, riverbank protection, coastal protection project	Length of 1,000 meters or more		Primary market:
33.	Forest exploitation project	Exploitation of planted forests for production purposes with clear-cutting method, design plot area of 200 hectares or more; Exploitation of natural forests for production purposes with clear-cutting method, concentrated area of 50 hectares or more		Primary market:
34.	Industrial crop planting area project; livestock feed planting area project; medicinal herb planting area project; concentrated vegetable and flower planting area project	Area of 50 hectares or more		Primary market:
Group of mineral exploration, extraction, processing projects
35.	Sand, gravel, land leveling material extraction project		Extraction of sand, gravel on a scale of 50,000 m3 cubic meters/year or more; Extraction of land leveling material on a scale of 100,000 m3 cubic meters/year or more		Primary market:
36.	Solid mineral extraction project (without using harmful chemicals, industrial explosives)		With mine volume (minerals, waste rock) of 50,000 m3 cubic meters/year or more; Total mine volume (minerals, waste rock) of 1,000,000 m3 cubic meters or more		All
37.	Rare earth minerals exploration, radioactive minerals exploration project; solid mineral extraction and processing project using harmful chemicals or industrial explosives; metal refining, radioactive metal refining, rare earth refining project		All		All, except exploration projects
38.	Solid mineral processing project without using harmful chemicals		Capacity of 50,000 m3 products/year or more;Total waste rock volume of 500,000 m3/year or more		All
39.	Water extraction project for production, business, service and daily use activities		Extraction capacity of 3,000 m3 cubic meters/day-night or more for underground water; Extraction capacity of 50,000 m3 cubic meters/day-night or more for surface water		Primary market:
40.	Natural mineral water, natural hot water (underground or exposed on the surface) extraction project		Extraction capacity of 200 m3 cubic meters/day-night or more for bottled water;Extraction capacity of 500 m3 cubic meters/day-night or more for other uses		Primary market:
41.	Rare earth ore concentration, radioactive ore enrichment project		Capacity of 500 tons of product/year or more		All
Group of oil and gas projects
42.	Oil and gas extraction project		All		All
43.	Petroleum refinery construction project (excluding LPG filling and lubricant blending projects), petrochemical product manufacturing, drilling fluid, petrochemical chemical production project; oil and gas pipeline construction project; oil and gas transfer zone construction project		All petroleum refinery construction projects (excluding LPG filling and lubricant blending projects), petrochemical product manufacturing facilities, drilling fluid, petrochemical chemical production facilities with capacity of 500 tons of product/year or more; oil and gas pipelines with length of 20 km or more; All oil and gas transfer zone construction projects		All petroleum refinery construction projects, petrochemical product manufacturing projects (excluding LPG filling and lubricant blending projects)
44.	Gasoline storage tank construction project, gasoline retail store project		With storage capacity of 200 m3 or more.		Primary market:
Group of waste treatment and recycling projects
45.	Construction project of solid waste, hazardous waste recycling and treatment facilities	All for hazardous waste; Capacity of 10 tons/day or more for general solid waste		Implemented according to regulations on waste management and scrap material
46.	Construction project of centralized urban wastewater treatment system or centralized industrial wastewater treatment system	All		Primary market:
Group of mechanical engineering, metallurgy projects
47.	Metallurgical plant construction project	All for projects using scrap material as raw material; Capacity of 1,000 tons of product/year or more for projects using other raw materials		All
48.	Metal rolling, drawing facility construction project	Capacity of 2,000 tons of product/year or more		Primary market:
49.	New shipbuilding, repair facility construction project	For ships with a deadweight tonnage of 1,000 DWT or more		All
50.	Construction project of production, repair, container, trailer facilities	Having production capacity of 500 containers, trailers/year or more; Having repair capacity of 2,500 containers, trailers/year or more		Primary market:
51.	Project to construct new shipbuilding, repair, locomotive assembly, and carriage facilities	All		Primary market:
52.	Project to construct production, repair, and automobile assembly facilities	Capacity of 5,000 motorbikes/year or more; Capacity of 500 cars/year or more		All projects involving electroplating processes
53.	Project to construct machinery and equipment manufacturing facilities	Capacity of 1,000 tons of products/year or more		Primary market:
54.	Project to construct metal plating, coating, and polishing facilities	Capacity of 500 tons of product/year or more		All
55.	Project to construct aluminum and steel profile production facilities	Capacity of 2,000 tons of product/year or more		Primary market:
56.	Project to construct facilities for weapons, military equipment, and technical device production and repair	All		victims, traces, evidence, and means of transportation and related traces
Group of wood processing, glass, ceramic production projects
57.	Project to construct wood processing and wood chip facilities from natural wood	Capacity of 3,000 m3 products/year or more		Primary market:
58.	Project to construct particleboard production facilities	Capacity of 100,000 m2/year or more		All
59.	Project to construct wooden product production facilities	Total warehouse, yard, and factory area of 10,000 m2 or more.		Primary market:
60.	Project to construct glass and ceramic production facilities	Capacity of 1,000 tons of products/year or 10,000 products/year or more		All
61.	Project to construct lamp and water bottle production plant	Capacity of 1,000,000 products/year or more		All
Group of food production and processing projects
62.	Project to construct primary and processed food production facilities	Capacity of 500 tons of product/year or more		All
63.	Project to construct centralized livestock and poultry slaughterhouse	Capacity of 200 large animals/day or 3,000 small animals/day or more		All
64.	Project to construct seafood processing, fish meal, and other seafood by-products production facilities	Capacity of 100 tons of products/year or more		All
65.	Project to construct sugar production facilities	Capacity of 10,000 tons of sugar/year or more		All
66.	Project to construct alcohol and wine production facilities	Capacity of 500,000 liters of products/year or more		All
67.	Project to construct beer and soft drink production facilities	Capacity of 10,000,000 liters of products/year or more		All beer production facility construction projects
68.	Project to construct monosodium glutamate production facilities	Capacity of 5,000 tons of products/year or more		All
69.	Project to construct milk production and processing facilities	Capacity of 10,000 tons of products/year or more		All
70.	Project to construct edible oil production and processing facilities	Capacity of 10,000 tons of products/year or more		All
71.	Project to construct confectionery production facilities	Capacity of 5,000 tons of products/year or more		All
72.	Project to construct bottled water production facilities	Capacity of 2,000 m3 water/year or more		Primary market:
Group of agricultural product processing projects
73.	Project to construct cigarette production and tobacco processing facilities	Capacity of 100,000,000 cigarettes/year or more; Capacity of 1,000 tons of raw materials/year or more		All cigarette production facility construction projects
74.	Project to construct agricultural product processing facilities	Capacity of 10,000 tons of products/year or more for dry processing technology; Capacity of 1,000 tons of products/year or more for wet processing technology		All
75.	Project to construct tea, cashew, cocoa, coffee, pepper processing facilities	Capacity of 5,000 tons of products/year or more for dry processing technology; Capacity of 1,000 tons of products/year or more for wet processing technology		All wet processing technology projects with a capacity of 1,000 tons of products/year or more
Group of animal husbandry and feed processing projects
76.	Project to construct animal feed processing facilities	Capacity of 1,000 tons of products/year or more		All
77.	Project to construct aquaculture facilities	Water surface area of 10 hectares or more, specifically 50 hectares or more for extensive aquaculture projects		Primary market:
78.	Project to construct livestock and poultry breeding facilities; concentrated wildlife breeding and care facilities	Barn size of 1,000 m2 or more for livestock and poultry; Barn size of 500 m2 or more for wildlife		All livestock and poultry breeding projects with barn sizes of 1,000 m2 or more.
Group of fertilizer and pesticide production projects
79.	Project to construct chemical fertilizer production plant	Capacity of 1,000 tons of products/year or more		All
80.	Project to construct pesticide and fertilizer storage facilities	Storage capacity of 500 tons or more for pesticides, 5,000 tons for fertilizers		Primary market:
81.	Project to construct pesticide production facilities	All		All
82.	Project to construct pesticide repackaging and packaging facilities	Capacity of 300 tons of products/year or more		Primary market:
83.	Project to construct organic and microbial fertilizer production facilities	Capacity of 10,000 tons of products/year or more		All
Group of chemical, pharmaceutical, cosmetic, plastic, and rubber projects
84.	Project to construct pharmaceutical, veterinary drug production facilities; project to produce drug ingredients (including both active pharmaceutical ingredients and excipients)	All vaccine production projects; Capacity of 50 tons of products/year or more for veterinary drugs, drug ingredients (including both active pharmaceutical ingredients and excipients), and other pharmaceuticals		All
85.	Project to construct cosmetics production facilities	Capacity of 50 tons of products/year or more		Primary market:
86.	Project to construct chemical, plastic, plastic products, and paint production facilities	Capacity of 100 tons of products/year or more		All
87.	Project to construct plastic products and resin production facilities	Capacity of 1,000 tons of products/year or more		All
88.	Project to construct detergent and additive production facilities	Capacity of 1,000 tons of products/year or more		All
89.	Project to construct explosive and ammunition production facilities	All		All
90.	Project to construct industrial explosives production facilities; fixed explosive storage facilities; chemical storage facilities	All industrial explosives production facilities, fixed explosive storage facilities with a capacity of 5 tons or more; Chemical storage facilities with a capacity of 500 tons or more		All
91.	Project to construct salt production areas from seawater	Area of 100 hectares or more		Primary market:
Group of paper and office supply production projects
92.	Project to construct pulp and paper production facilities from raw materials	Capacity of 300 tons of products/year or more		All
93.	Project to construct corrugated cardboard and paper production facilities from pulp or waste materials	Capacity of 5,000 tons of products/year or more		All
94.	Project to construct office supply production facilities	Capacity of 1,000 tons of products/year or more		All
Group of textile dyeing, printing, and garment manufacturing projects
95.	Project to construct dyeing and weaving facilities	All		All
96.	Project to construct weaving facilities without dyeing	Capacity of 10,000,000 m2 fabric/year or more		Primary market:
97.	Project to construct textile and garment production and processing facilities	Capacity of 50,000 products/year or more if there is a washing process; Capacity of 2,000,000 products/year or more if there is no washing process		All projects with a washing process
98.	Project to construct industrial laundry facilities	Capacity of 50,000 products/year or more		All
99.	Project to produce silk, cotton, and synthetic fiber	Capacity of 1,000 tons of products/year or more		All
Group of other projects
100.	Project to construct old ship dismantling and vessel cleaning facilities	All		All
101.	Project to construct rubber and latex processing facilities	Capacity of 1,000 tons of products/year or more		All
102.	Project to construct medical equipment production facilities from plastic and medical rubber	Capacity of 100,000 products/year or more		All
103.	Project to construct footwear production facilities	Capacity of 1,000,000 pairs/year or more		Primary market:
104.	Project to construct a production base for various types of rubber tires	Capacity of 50,000 units/year or more for automobile and tractor tires; capacity of 100,000 units/year or more for bicycle and motorcycle tires		All
105.	Project to construct a production base for printing ink and other printing materials	Capacity of 500 tons of printing ink/year and 1,000 units/year or more for other printing materials		All
106.	Project to construct a production base for batteries and accumulators	Capacity of 50,000 kWh/year or more or 100 tons/year or more of products		All
107.	Project to construct a leather processing facility	All		All
108.	Project to construct a carbon monoxide production facility2 liquefied gas loading and unloading, industrial gases	Capacity of 3,000 tons/year or more		Primary market:
109.	Resettlement project	Involving 300 households or more		Primary market:
110.	Raw material and waste storage site project	Area of 1 hectare or more		All
111.	Project not listed from 1 to 110 with an industrial wastewater volume of 500 cubic meters/day-night or more3or 200,000 cubic meters/hour of air emissions or 5 tons/day-night of solid waste3 or more	All		All
112.	Renovation, expansion, upgrade, and increase in capacity projects	With scale and capacity equivalent to projects from 1 to 110		Determined according to specific projects in this Catalogue
113.	Projects with components having scale or nature similar to those of projects from 1 to 110 in this Appendix	All		Determined according to specific projects in this Catalogue

ANNEX III

CATALOGUE OF PROJECTS WITH THE RESPONSIBILITY FOR ENVIRONMENTAL IMPACT ASSESSMENT REPORT APPROVAL AND REVIEW BY THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

(Annexed to Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government)

1. Projects within the decision-making authority of the National Assembly, Government, and Prime Minister on investment orientation.

2. Projects using land from national parks, natural conservation areas; projects using 1 hectare or more of land from national-level historical-cultural sites; 5 hectares or more of world heritage sites or scenic spots ranked at the national level; 10 hectares or more of biosphere reserves.

3. Projects constructing nuclear power plants, fusion power plants, nuclear reactors; projects constructing thermal power plants with a capacity of 600 MW or more; projects constructing hydropower plants and water conservancy works with reservoir capacity of 100,000,000 cubic meters or more.³ of water or more.

4. Projects reclaiming sea areas of 20 hectares or more; projects using 20 hectares or more of protective forest or special-use forest land, or 100 hectares or more of natural forest land; projects using 10 hectares or more of rice field land.

5. Projects constructing oil refining and petrochemical plants; projects constructing facilities producing chemicals, plant protection products, detergents, additives, chemical fertilizers, rubber processing with a capacity of 10,000 tons/year or more; cement plants with a capacity of 1,200,000 tons/year or more; projects involving radioactive waste production, sales, and services; battery production facilities with a capacity of 300,000 kWh/year or 600 tons/year or more; paper pulp production facilities with a capacity of 25,000 tons/year or more; edible oil, monosodium glutamate, sugar, milk processing facilities with a capacity of 50,000 tons/year or more; beer and soft drink production facilities with a capacity of 30,000,000 liters/year or more; alcohol and liquor production facilities with a capacity of 2,000,000 liters/year or more; dyeing textile production facilities with a capacity of 100,000,000 square meters/year or more; seafood processing facilities with a capacity of 5,000 tons/year or more.² fabric/year or more; projects for constructing seafood processing facilities with a capacity of 5,000 tons of products/year or more.

6. Oil and gas extraction projects; solid mineral, sand, gravel, and fill material extraction projects with a scale of 500,000 cubic meters/year of raw materials (including waste rock and minerals); dredging projects for inland waterways, maritime channels, and anchorage areas with a scale of 500,000 cubic meters/year or more or total dredged material volume of 10,000,000 cubic meters or more; mineral extraction projects with an area of 50 hectares or more or total mine volume (including waste rock and minerals) of 10,000,000 cubic meters or more; rare earth, radioactive ore, or ore containing radioactive elements exceeding exemption levels under radiation safety laws; rare earth enrichment and radioactive mineral processing projects with a capacity of 50,000 tons/year or more; rare earth, colored metal, and radioactive mineral processing projects with a scale of 100,000 tons/year or more of refined ore; mineral extraction and water extraction projects within the licensing authority of the Ministry of Natural Resources and Environment.³ 7. Infrastructure construction projects for industrial zones, export processing zones, high-tech parks, industrial clusters, tourism and entertainment service areas, urban areas with an area of 200 hectares or more; port construction projects with anchorages for ships with a deadweight tonnage of 50,000 DWT or more; iron and steel production facilities with a capacity of 200,000 tons/year or more.³8. Waste recycling and treatment facilities for general solid waste with a capacity of 250 tons/day-night or more; hazardous waste recycling and treatment projects; medical facilities with a scale of 500 beds or more (excluding cases approved by the Ministry of Health for investment projects); centralized wastewater treatment systems with a capacity of 5,000 cubic meters/day-night or more for industrial wastewater, and 50,000 cubic meters/day-night or more for domestic wastewater.³ 9. Expansion, upgrade, and capacity increase projects for production and business facilities equivalent to projects from 1 to 8 in this Appendix.³ 10. Projects including one or more components from projects 1 to 9 in this Appendix.

11. Projects listed in Appendix II located across two provinces or more, or in undefined administrative management areas of provincial People's Committees or projects spanning two countries or more./.

CATALOGUE OF ENTITIES NOT REQUIRED TO REGISTER ENVIRONMENTAL PROTECTION PLANS³1. Human resource training; consulting activities; technology transfer; vocational training, technical and management skills training; information provision; investment and trade promotion and marketing.³2. Production, broadcasting, and distribution of television programs, film production, video, and television programs; television operations; audio recording and music publishing activities.

3. Commercial services, mobile trading without fixed locations.

4. Commercial services, retail of consumer goods and household items.

11. Projects listed in Appendix II located in the territory of two provinces or more, or located in maritime areas where the administrative management responsibility of provincial People's Committees cannot be determined, or projects located in the territory of two countries or more./.

ANNEX IV

LIST OF ENTITIES NOT REQUIRED TO REGISTER ENVIRONMENTAL PROTECTION PLANS

(Annexed to Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government)

1. Human resource training; consulting activities; technology transfer; vocational training, technical and management skills training; information provision; marketing, investment and trade promotion.

2. Television program production, broadcasting, and distribution; film, video, and television program production; television activities; audio recording and music publishing activities.

3. Commercial services, itinerant trading without fixed locations.

4. Commercial services, trading of consumer goods and household items.

5. Catering services with a restaurant area serving less than 200 m².

6. Repair and maintenance services for household appliances on an individual or family scale.

7. Photocopying, internet access, and video game services.

8. Livestock, poultry, and wildlife breeding with a pen area smaller than 50 m²; aquaculture on an area smaller than 5,000 m² square meters.

9. Agricultural and forestry cultivation on an individual or family scale.

10. Plant variety testing on an area smaller than 1 hectare.

11. Construction of individual or family residences.

12. Construction of office buildings, guesthouses, hotels, and small-scale tourist accommodations under 500 m² floor space.