Circular No. 05/2008/TT-BTNMT guiding strategic environmental assessment, environmental impact assessment, and environmental protection commitment

CIRCULAR

Guidelines on strategic environmental assessment, environmental impact assessment, and environmental protection commitments

tác động đối với môi trường và cam kết bảo vệ môi trường

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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 the Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

Pursuant to Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government stipulating the organization and specialized departments for environmental protection at state agencies and state-owned enterprises;

Pursuant to Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of some provisions of the Law on Environmental Protection;

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;

The Ministry of Natural Resources and Environment provides detailed guidelines for certain contents regarding strategic environmental assessment, environmental impact assessment, and environmental protection commitments as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

1.1. These Circulars provide detailed guidance on implementing certain contents related to strategic environmental assessment, environmental impact assessment, and environmental protection commitments stipulated in the Law on Environmental Protection dated November 29, 2005 (hereinafter referred to as the Law on Environmental Protection), Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of some provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 80/2006/NĐ-CP), and Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of some provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 21/2008/NĐ-CP), including:

a) Preparing and reviewing strategic environmental assessment reports;

b) Preparing, reviewing, and approving environmental impact assessment reports and supplementary environmental impact assessment reports; implementing, inspecting, and confirming the implementation of the contents of environmental impact assessment reports and supplementary environmental impact assessment reports and requirements of approval decisions;

c) Preparing, registering, and confirming registration of environmental protection commitment statements;

d) Inspection and reporting systems for reviewing and approving environmental impact assessment reports and confirming registration of environmental protection commitment statements.

1.2. These Circulars do not apply to projects that have commenced operation (also known as operating facilities), including those facilities operating before July 1, 2006, which did not comply with regulations on preparing, reviewing, and approving environmental impact assessment reports or did not comply with regulations on preparing, registering, and confirming environmental protection commitment statements.

1.3. Strategies, plans, and projects in the fields of security, defense, and national secrets are guided by other documents.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These Circulars apply to state agencies, organizations, and individuals within the country; foreign organizations and individuals (hereinafter collectively referred to as organizations and individuals) involved in activities related to the contents specified in Point 1.1, Section 1, Part I of these Circulars.

3. Application of environmental standards and technical regulations

When preparing an environmental impact assessment report or an environmental protection commitment statement, the project proponent must apply mandatory environmental standards and national environmental technical regulations of Vietnam; environmental standards and environmental technical regulations according to international treaties to which Vietnam is a member.

II. PREPARATION AND REVIEW OF STRATEGIC ENVIRONMENTAL ASSESSMENT REPORTS

1. Preparation of strategic environmental assessment reports

1.1. The agency entrusted with the task of preparing a project subject to the preparation of a strategic environmental assessment report as stipulated in Article 14 of the Law on Environmental Protection (hereinafter referred to as the project proponent) shall establish a working group for strategic environmental assessment comprising environmental experts and relevant scientists with appropriate qualifications and expertise suitable to the content and nature of the project, or engage a consulting organization with sufficient capacity to conduct the strategic environmental assessment and prepare the strategic environmental assessment report for the strategy, plan, or program.

1.2. The strategic environmental assessment report must be structured and meet the content requirements prescribed in Appendix I attached to these Circulars.

2. Submission of application for review of strategic environmental assessment reports

2.1. The project proponent submits the application for review of the strategic environmental assessment report to the agency organizing the review as stipulated in Clause 7, Article 17 of the Law on Environmental Protection.

2.2. The number and format of the application for review are as follows:

a) One (1) application for review of the strategic environmental assessment report according to the model prescribed in Appendix 2 attached to these Circulars;

b) Nine (9) copies of the strategic environmental assessment report of the project bound into volumes according to the model prescribed in Appendix 3 attached to these Circulars, signed with the name and position of the project proponent and stamped on the back cover page;

c) Nine (9) copies of the draft strategy, plan, or program signed with the name and position of the project proponent and stamped on the back cover page.

In cases where the number of members of the review board exceeds nine (9) people, or in other necessary cases due to the requirements of the review process, the project proponent shall provide additional copies of the strategic environmental assessment report and draft strategy, plan, or program as required by the agency organizing the review.

3. Review of strategic environmental assessment reports

3.1. The competent authority for reviewing strategic environmental assessment reports designates a specialized department under its jurisdiction to serve as the permanent body of the review board.

3.2. Organization and operation of the review board for strategic environmental assessment reports; tasks of the permanent body of the review board are implemented according to the regulation issued by the Minister of Natural Resources and Environment.

3.3. After receiving complete and valid files meeting the requirements for review, the agency organizing the review shall proceed to establish the review board for strategic environmental assessment reports; the number of review board members is determined based on the provisions of Clauses 2, 3, and 4, Article 17 of Decree No. 80/2006/NĐ-CP, the nature, scale of the project, and environmental requirements, but must ensure at least nine (9) members.

3.4. The review period is stipulated in Clause 1 and Clause 2, Article 12 of Decree No. 80/2006/NĐ-CP.

4. Responsibilities of the agency organizing the review of the strategic environmental assessment report

4.1. Notify in writing the project proponent about the results of the review within no more than five (5) working days after the conclusion of the meeting of the review board. The content of the notification must clearly state whether the strategic environmental assessment report has been approved without need for revision or supplementation, not approved and must be resubmitted for review, or approved but requires revision and supplementation along with specific requirements for revising and supplementing the strategic environmental assessment report and recommendations related to adjusting the draft strategic document, planning, and plan (if applicable).

4.2. Review the content of the strategic environmental assessment report after the project proponent has revised and supplemented it.

4.3. Report to the competent authority approving the project on the results of the review of the strategic environmental assessment report according to Clause 3 and Clause 4, Article 10 of Decree No. 80/2006/NĐ-CP within no more than ten (10) working days from the date of receiving the complete dossier of the project proponent according to Point 5.2, Section 5, Part II of this Circular. The report on the results of the review of the strategic environmental assessment report shall be presented in writing, including the evaluation opinions and recommendations of the agency organizing the review, accompanied by a copy of the minutes of the review board meeting with all contents, conclusions, signatures of the chairman and secretary of the review board, and a copy of the project proponent's explanation regarding the issues that have been revised and supplemented in cases where the strategic environmental assessment report needs to be revised and supplemented according to the requirements of the agency organizing the review.

5. Responsibilities of the project proponent

5.1. Complete the strategic environmental assessment report according to the requirements of the agency organizing the review in cases where the strategic environmental assessment report is approved by the review board but requires revision and supplementation (in cases where the strategic environmental assessment report is not approved by the review board, the report must be revised and resubmitted to the competent authority for review according to regulations); adjust the draft strategic document, planning, and plan based on consideration and adoption of the recommendations of the agency organizing the review and in accordance with the environmental protection requirements stated in the revised and supplemented strategic environmental assessment report.

5.2. Resubmit the dossier consisting of one (1) copy of the adjusted draft strategic document, planning, and plan, two (2) copies, one (1) of which is recorded on a CD, of the completed strategic environmental assessment report, and an explanatory document regarding the issues that have been revised and supplemented to the agency organizing the review.

5.3. The time taken by the project proponent to complete and resubmit the strategic environmental assessment report according to the requirements of the agency organizing the review does not count towards the deadlines set out in Clause 1 and Clause 2, Article 12 of Decree No. 80/2006/NĐ-CP.

III. PREPARATION, REVIEW AND APPROVAL OF THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT, SUPPLEMENTARY ENVIRONMENTAL IMPACT ASSESSMENT REPORT; IMPLEMENTATION, INSPECTION, VERIFICATION OF THE IMPLEMENTATION OF CONTENTS OF THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT, SUPPLEMENTARY ENVIRONMENTAL IMPACT ASSESSMENT REPORT AND REQUIREMENTS OF THE APPROVAL DECISION

1. Preparation of the Environmental Impact Assessment Report

1.1. Organizations and individuals who are project proponents required to prepare an environmental impact assessment report (hereinafter referred to as the project proponent) shall conduct the environmental impact assessment work and prepare the environmental impact assessment report of the project themselves or hire consulting organizations meeting the conditions stipulated in Article 8 of Decree No. 80/2006/NĐ-CP.

1.2. The environmental impact assessment report must be structured correctly and meet the content requirements specified in Appendix 4 issued together with this Circular.

2. Soliciting Public Opinion

2.1. The project proponent sends a written notice to the People's Committee and the Vietnam Fatherland Front Committee at the commune level where the project will be implemented regarding the main investment components, environmental issues, and environmental protection measures of the project, and requests their participation in providing opinions. The specific content of the notice includes: the main contents of the project, the negative impacts of the project on the natural environment and socio-economy (including the types and concentrations or quantities of pollutants), the mitigation measures to be applied, and other commitments of the project proponent regarding environmental protection (including the technology, equipment, and facilities for waste treatment, the degree of treatment according to characteristic parameters of the waste compared to standards and technical regulations, and other environmental protection measures) accompanied by diagrams (maps, drawings) showing the location of the project in relation to surrounding natural and socio-economic objects, general layout plans of the project with the main construction components and waste treatment and management facilities of the project, and environmental protection facilities for factors other than waste (showing clearly the points of connection with infrastructure systems, including waste treatment and management facilities of the project with external infrastructure systems and natural objects outside the project area).

2.2. Within the time limit prescribed in Clause 4, Article 1 of Decree No. 21/2008/NĐ-CP, the People's Committee and the Vietnam Fatherland Front Committee at the commune level shall be responsible for:

- Publicly announcing to inform the people and responding in writing to the project proponent according to the model specified in Appendix 5 issued together with this Circular.

- Notifying in writing to request the project proponent to cooperate in conducting dialogues when necessary. The results of the dialogue between the project proponent, the People's Committee, the Vietnam Fatherland Front Committee at the commune level, and relevant parties shall be recorded in the minutes, including the list of representatives participating and reflecting fully the opinions discussed, the project proponent's acceptance or non-acceptance of the opinions; the minutes shall bear the signatures (with full names and positions) of the representatives of the project proponent and the relevant parties attending the dialogue.

2.3. The opinions supporting and opposing from the People's Committee, the People's Council at the commune level, and representatives participating in the dialogue must be compiled and truthfully reflected in the content of the environmental impact assessment report.

2.4. Community consultation documents of the project proponent, contribution documents of the People's Committee, the People's Council at the commune level, minutes of the dialogue, and other community consultation documents (if any) must be copied and attached to the appendix section of the environmental impact assessment report.

2.5. Cases where it is not necessary to seek opinions from the People's Committee at the commune level and representatives of the local community where the project is implemented during the preparation of the environmental impact assessment report are stipulated in Clause 4, Article 1 of Decree No. 21/2008/NĐ-CP.

3. Submitting the dossier for the review of the environmental impact assessment report.

3.1. The project proponent submits the dossier for the review of the environmental impact assessment report to the competent authority organizing the review of the environmental impact assessment report as prescribed in Point a and Point b, Clause 7, Article 21 of the Environmental Protection Law and Clause 5, Article 1 of Decree No. 21/2008/NĐ-CP.

3.2. The quantity and format of the dossier for the review are specified as follows:

a) One document from the project proponent requesting the review and approval of the environmental impact assessment report according to the form set out in Appendix 6 issued together with this Circular;

b) Seven copies of the environmental impact assessment report of the project bound into volumes according to the prescribed form in Appendix 7 issued together with this Circular, signed with the name and position of the project proponent and stamped on the back cover page. In cases where the number of members of the review board exceeds seven people, or in other necessary situations due to the requirements of the review work, the project proponent must provide additional copies of the environmental impact assessment report as required by the reviewing authority;

c) One copy of the investment report or economic-technical report or investment project or equivalent document of the project signed with the name and position of the project proponent and stamped on the back cover page.

3.3. The time for submitting the dossier for the review and approval of the environmental impact assessment report of projects is stipulated in Clause 5, Article 1 of Decree No. 21/2008/NĐ-CP.

4. Reviewing the environmental impact assessment report through a board.

4.1. The competent authority reviewing the environmental impact assessment report designates a specialized agency under its jurisdiction to serve as the permanent board of review.

4.2. The organization and operation of the board reviewing the environmental impact assessment report; the tasks of the permanent agency of the review board shall be carried out in accordance with the regulations promulgated by the Minister of Natural Resources and Environment.

4.3. After receiving a valid dossier that meets the requirements for review, the authority organizing the review establishes the board to review the environmental impact assessment report. The number of board members is determined based on the provisions of Clauses 2, 3, and 4, Article 21 of the Environmental Protection Law, the nature, scale of the project, and environmental requirements, but must ensure at least seven members.

4.4. Within no more than five working days from the date of receipt of the results of the review board, the permanent agency of the review board issues a notification to the project proponent about the review board's evaluation results and related requirements for completing the environmental impact assessment report dossier.

5. Reviewing the environmental impact assessment report through service organizations.

Reviewing the environmental impact assessment report through service organizations is carried out in accordance with the Regulations on Conditions and Activities of Service Organizations for Reviewing Environmental Impact Assessment Reports issued together with Decision No. 19/2007/QĐ-BTNMT dated November 26, 2007, of the Minister of Natural Resources and Environment (hereinafter referred to as Regulation 19).

6. Completing the environmental impact assessment report.

6.1. In case of review through a board:

The project proponent must complete the environmental impact assessment report according to the requirements of the reviewing authority, sign in the lower left corner of each page of one completed report, make copies, bind them into hardcover volumes with the quantities as stated below, submit them to the reviewing authority along with a detailed explanation document regarding the completion for consideration and approval:

a) For environmental impact assessment reports within the approval authority of the Ministry of Natural Resources and Environment, the number of reports must be sufficient to send to the following addresses: Ministry of Natural Resources and Environment (three copies including one copy recorded on a CD); Department of Natural Resources and Environment of the locality where the land for the project is located (one copy); relevant ministry or sector managing the project (one copy); Management Board of the economic zone, industrial park, export processing zone, high-tech park (hereinafter referred to as Management Board) for projects invested in economic zones, industrial parks, export processing zones, high-tech parks (one copy); project proponent (one copy). In cases where the project is located on land areas of two or more centrally governed cities or provinces, additional copies of the environmental impact assessment report equal to the number of additional provinces must be sent;

b) For environmental impact assessment reports within the approval authority of ministries, ministerial-level agencies, or government agencies, the number of reports must be sufficient to send to the following addresses: relevant ministry or sector managing the project (three copies including one copy recorded on a CD); Department of Natural Resources and Environment of the locality where the land for the project is located (one copy); Ministry of Natural Resources and Environment (one copy); Management Board for projects invested in economic zones, industrial parks, export processing zones, high-tech parks (one copy); project proponent (one copy);

c) For environmental impact assessment reports within the approval authority of the provincial People's Committee, the number of reports must be sufficient to send to the following addresses: The provincial People's Committee where the project is located, one (1) copy accompanied by one (1) copy recorded on a CD; Department of Natural Resources and Environment, one (1) copy; Management Board for projects invested in economic zones, industrial parks, export processing zones, high-tech zones, one (1) copy; project proponent, one (1) copy.

6.2. In the case of review through service organization form:

a) The completion of the environmental impact assessment report through the service organization review form shall be carried out in accordance with Articles 14, 15, and 16 of Regulation 19;

b) The completed environmental impact assessment report must ensure the quantity and requirements set forth in Point 6.1, Section 6, Part III of this Circular.

6.3. In the case where the completion of the environmental impact assessment report extends beyond twenty-four (24) months from the date of the permanent council's review body's notification regarding the evaluation results and related requirements for completing the environmental impact assessment report file, or during the process of completing the environmental impact assessment report if there is any fundamental change in production technology, capacity, or location of the project, the project proponent must re-establish the application file for reviewing the environmental impact assessment report for the project.

6.4. The time taken by the project proponent to complete the environmental impact assessment report does not count towards the review period stipulated in Article 12 of Decree No. 80/2006/NĐ-CP.

7. Re-review of the environmental impact assessment report

7.1. In the case where the environmental impact assessment report is not approved by the review council or the service organization review form, or if the project undergoes changes as specified in Point 6.3, Section 6, Part III of this Circular, the re-review of the environmental impact assessment report shall be conducted based on the written request of the project proponent.

7.2. The re-review of the environmental impact assessment report shall be conducted by the previous review council or service organization; if necessary, the competent authority may establish a new council or select another service organization to conduct the re-review.

7.3. The costs for re-reviewing the environmental impact assessment report shall be borne by the project proponent according to current regulations and provisions.

8. Approval of the environmental impact assessment report

8.1. The approval of the environmental impact assessment report is expressed in the form of a decision approving the environmental impact assessment report according to the model prescribed in Appendix 8 issued together with this Circular.

8.2. In cases where it is deemed that there may be adverse environmental impacts not fully assessed in the environmental impact assessment report due to objective reasons such as insufficient data on the surrounding environment's carrying capacity, unreliable risk assessments, and other force majeure factors up to the time of approving the environmental impact assessment report, the approving authority must note these in the attached requirements section of the approval decision.

9. Confirmation and submission of the approved environmental impact assessment report file

After the environmental impact assessment report has been approved, the approving authority (or the authority authorized by the approving authority) is responsible for:

- Confirming on the back cover page of each copy of the environmental impact assessment report according to the model prescribed in Appendix 9 issued together with this Circular.

- Sending the confirmed environmental impact assessment report along with the decision approving the environmental impact assessment report to the project proponent and other relevant agencies as stipulated in Point 6.1, Section 6, Part III of this Circular;

- Submitting the decision approving the environmental impact assessment report according to Clause 1 and Clause 2 of Article 15 of Decree No. 80/2006/NĐ-CP.

10. Preparation, review, and approval of supplementary environmental impact assessment reports

10.1. Project proponents falling under the cases specified in Point a, Clause 1 of Article 13 of Decree No. 80/2006/NĐ-CP and Clause 6 of Article 1 of Decree No. 21/2008/NĐ-CP are responsible for preparing supplementary environmental impact assessment reports to submit to the authority that previously approved the project's environmental impact assessment report for review and approval before implementation.

10.2. Supplementary environmental impact assessment reports shall be structured and meet the content requirements stipulated in Appendix 10 issued together with this Circular.

10.3. The quantity and format of the application file for reviewing and approving supplementary environmental impact assessment reports are as follows:

a) One (1) document requesting review and approval of the supplementary environmental impact assessment report according to the model prescribed in Appendix 11 issued together with this Circular;

b) Seven (7) copies of the supplementary environmental impact assessment report bound into volumes according to the model prescribed in Appendix 12 issued together with this Circular, signed with the name and position of the project proponent and stamped on the cover page. If required for the review process, the project proponent must provide additional copies of the supplementary environmental impact assessment report as requested by the reviewing authority;

c) One (1) copy of the previously approved environmental impact assessment report of the project;

d) One (1) certified copy (in accordance with legal provisions) of the decision approving the previously submitted environmental impact assessment report of the project;

đ) One (1) copy of the adjusted investment report or adjusted technical-economic report or adjusted investment project or equivalent document signed with the name and position of the project proponent and stamped on the cover page.

10.4. The review of the supplementary environmental impact assessment report shall be conducted through the form of written opinions from experts and managers with relevant expertise and qualifications, and from state management agencies on environmental protection at the local level where the project is located. Comments and evaluations shall be presented according to the model prescribed in Appendix 13 issued together with this Circular. In cases where necessary, the review of the supplementary environmental impact assessment report may be carried out through the form of a review board or a service organization for review.

10.5. In cases where the dossier does not meet the requirements for review, within no more than five (5) working days from the date of receipt of the project proponent's request dossier, the agency organizing the review must issue a written notification to inform the project proponent of the reasons for completing the dossier.

10.6. In cases where the dossier meets the requirements for review, within no more than thirty (30) working days, the competent authority responsible for the review shall examine and approve the supplementary environmental impact assessment report; if the conditions for approval are not met, it must issue a written notification of comments and evaluations regarding the supplementary environmental impact assessment report to the project proponent for the completion of the approval request dossier.

10.7. The request for approval of the supplementary environmental impact assessment report includes a letter explaining the completion of the report accompanied by one (1) completed supplementary environmental impact assessment report signed by the project proponent in the lower left corner of each page, duplicated and bound into a hardcover volume with the number of copies equal to the number of previously approved environmental impact assessment reports of the project.

10.8. The approval of the supplementary environmental impact assessment report shall be carried out according to the model prescribed in Appendix 14 issued together with this Circular, with the number of original approval decision copies of the supplementary environmental impact assessment report sufficient to send to the entities that have received the previous approval decision on the environmental impact assessment report.

10.9. The approved supplementary environmental impact assessment report must be confirmed on the back cover page according to the model prescribed in Appendix 9 issued together with this Circular.

10.10. The submission of the confirmed supplementary environmental impact assessment report and the approval decision on the supplementary environmental impact assessment report shall be carried out similarly to the submission of the previously approved environmental impact assessment report and the approval decision on the environmental impact assessment report.

11. Responsibilities of the project proponent after the environmental impact assessment report has been approved.

11.1. Report to the People's Committee of the district where the project is implemented about the contents of the decision approving the environmental impact assessment report of the project according to the model prescribed in Appendix 15 issued together with this Circular within the latest fifteen (15) days after receiving the decision on the environmental impact assessment report of the project.

11.2. Prepare and post a summary of the contents of the approved environmental impact assessment report according to the model prescribed in Appendix 16 issued together with this Circular at the office of the People's Committee of the commune where the community consultation was previously held. The posting period shall be no later than five (5) days after receiving the decision approving the environmental impact assessment report, the decision approving the supplementary environmental impact assessment report (if any), and shall continue until the project officially commences operation.

11.3. Prepare and submit to the agency that approved the environmental impact assessment report and the Department of Natural Resources and Environment of the province or city where the land for the project is located the following reports and documents:

a) A report on the plan for construction and installation of environmental treatment and protection facilities according to the model prescribed in Appendix 17 issued together with this Circular;

b) Notification of the trial operation plan for environmental treatment and protection facilities before the project officially commences operation according to the model prescribed in Appendix 18 issued together with this Circular;

c) A report on the implementation of the contents of the report and the requirements of the decision approving the environmental impact assessment report before the project officially commences operation, accompanied by a request for confirmation document prepared according to the corresponding models prescribed in Appendices 19 and 20 issued together with this Circular.

11.4. In cases where the project has an approved supplementary environmental impact assessment report, the project proponent must report to the People's Committee of the district where the project is located about the contents of the supplementary environmental impact assessment report within the time limit specified in Point 11.1 of Section 11 Part III of this Circular and update and supplement the contents related to the approved supplementary environmental impact assessment report and the requirements of the decision approving the supplementary environmental impact assessment report in the reports mentioned in Point 11.3 of Section 11 Part III of this Circular.

11.5. Implement other requirements stipulated in Article 14 of Decree No. 80/2006/NĐ-CP.

12. Responsibilities of the agency approving the environmental impact assessment report after the environmental impact assessment report has been approved.

12.1. Monitor and inspect the implementation of the contents of the approved environmental impact assessment report, supplementary environmental impact assessment report (if any), and the requirements of the approval decision before the project officially commences operation based on studying and reviewing the reports and request dossiers for confirmation sent by the project proponent.

In cases where necessary, establish an inspection team according to the model prescribed in Appendix 21 issued together with this Circular to coordinate with relevant agencies to conduct inspections at the project site. The inspection results shall be recorded in a record according to the model prescribed in Appendix 22 issued together with this Circular and must be signed and clearly marked with the names of representatives of the inspection agency, the project proponent, and the coordinating inspection agencies.

12.2. Issue a confirmation certificate regarding the project owner's implementation of the contents of the report and the requirements of the decision approving the environmental impact assessment report, the decision approving the supplementary environmental impact assessment report (if any) before the project officially commences operation according to the model prescribed in Appendix 23 attached to this Circular within the time limit calculated from the date of receipt of the complete and valid application dossier of the project owner in accordance with point 11.3 item 11 Part III of this Circular, specifically as follows:

a) Not later than 15 (fifteen) working days for cases where there is no need to conduct inspection, measurement, and sampling analysis activities at the project site;

b) Not later than 25 (twenty-five) working days for cases where it is necessary to conduct inspection, measurement, and sampling analysis activities at the project site and the project meets the conditions for confirmation.

In case the project does not meet the conditions for confirmation, notify in writing the reasons and requirements for the project owner to continue implementing them. The time taken by the project owner to complete these requirements of the authority approving the environmental impact assessment report shall not be included in the aforementioned 25 (twenty-five) working day period.

12.3. During the process of inspecting and confirming the project owner's implementation of the contents of the report and the requirements of the decision approving the environmental impact assessment report, if the monitoring data and analysis results of environmental parameters reported by the project owner do not ensure sufficient reliability, the confirming agency shall cooperate with organizations having the necessary expertise and technical capabilities to conduct measurements, sampling, and analysis for verification; the costs for organizing inspections, sampling, and analyzing environmental parameters for verification shall be sourced from the budget of the confirming agency in accordance with current laws.

12.4. Implement other provisions set forth in Article 15 of Decree No. 80/2006/NĐ-CP.

13. Technical appraisal of environmental treatment and protection works.

13.1. The technical appraisal of environmental treatment and protection works shall be carried out in accordance with the laws on investment and construction.

13.2. Organizations that have designed and installed environmental treatment and protection works of the project shall not conduct technical appraisals of those works or components thereof.

14. Delegation of authority to assess and approve environmental impact assessment reports of projects invested in economic zones, industrial parks, export processing zones, and high-tech zones.

14.1. The competent state agency authorized in writing to assess and approve environmental impact assessment reports may delegate such authority to the Management Board to assess and approve environmental impact assessment reports of projects invested in economic zones, industrial parks, export processing zones, and high-tech zones based on the conditions stipulated in Clause 8 Article 1 of Decree No. 21/2008/NĐ-CP when the Management Board has established an environmental management department in accordance with Clause 1 Article 9 of Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government on the organization and specialized departments for environmental protection in state agencies and state-owned enterprises and has submitted a written request to the Management Board.

14.2. The Management Board delegated authority shall assume full responsibility as the competent state agency in the activities of assessing environmental impact assessment reports through the form of an assessment council or service organization; re-assessing environmental impact assessment reports; approving environmental impact assessment reports; confirming and submitting the dossier of approved environmental impact assessment reports; assessing and approving supplementary environmental impact assessment reports of the same project with previously approved environmental impact assessment reports through delegation; responsibilities of the authority approving environmental impact assessment reports after the approval of the environmental impact assessment report in accordance with the provisions of Part III of this Circular; reporting the results to the delegating competent authority and complying with the inspection and reporting system stipulated in Part V of this Circular.

IV. ESTABLISHING, REGISTERING, AND CONFIRMING ENVIRONMENTAL PROTECTION COMMITMENTS

1. Establishing environmental protection commitments.

1.1. Project owners falling under the categories specified in Article 24 of the Environmental Protection Law shall be responsible for establishing environmental protection commitments.

1.2. The structure and content requirements of the environmental protection commitment shall be implemented in accordance with the provisions of Appendix 24 attached to this Circular.

2. Registering environmental protection commitments.

2.1. Project owners shall be responsible for submitting the registration dossier of the environmental protection commitment to the People's Committee of the district, town, city under province (hereinafter referred to collectively as district level) where the project is located or the People's Committee of commune, ward, town under district (hereinafter referred to collectively as commune level) authorized to register and issue confirmation certificates.

2.2. The timing for registering the environmental protection commitment shall be carried out in accordance with point 1 clause 7 Article 1 of Decree No. 21/2008/NĐ-CP.

2.3. In cases where the project is located in the territory of two or more districts, the project owner needs to evaluate, compare, and self-select the People's Committee of the district with the largest area affected by the project to submit the registration application dossier.

2.4. The quantity and format of the registration dossier of the environmental protection commitment are as follows:

a) One (1) request for confirmation of registration of the environmental protection commitment according to the model prescribed in Appendix 25 attached to this Circular;

b) Five (5) copies of the project's environmental protection commitment bound into a hardcover volume according to the model prescribed in Appendix 26 attached to this Circular, signed, with name and position of the project owner, and stamped on the back cover of each copy. In cases where the project is located in the territory of two or more districts, additional copies of the environmental protection commitment equal to the number of additional districts shall be submitted.

c) One (1) copy of the investment report or economic-technical report or production-business plan or equivalent document of the project; in cases where the project is located in the territory of two (2) or more districts, the number of such documents in the file must be increased by the number of additional districts.

3. Confirmation of Registration of Environmental Protection Commitment

3.1. The confirmation of registration of environmental protection commitment shall be in the form of a confirmation letter according to the model prescribed in Appendix 27 issued together with this Circular.

In cases where the investment project is located in the territory of two (2) or more districts, the People's Committee at the district level receiving the registration file of the environmental protection commitment shall have the responsibility to send the environmental protection commitment to the People's Committees of all other districts that have land for the project to seek their opinions before issuing the confirmation letter.

3.2. The agency issuing the confirmation letter of registration of the environmental protection commitment must affix the confirmation stamp on the back cover page of each environmental protection commitment according to the model prescribed in Appendix 9 issued together with this Circular.

3.3. In cases where the registration file does not meet the conditions for confirmation, the People's Committee at the district level or the People's Committee at the commune level authorized to issue the confirmation letter must issue a document clearly stating the reasons and send it to the project proponent to continue perfecting the registration file of the environmental protection commitment. The time taken by the project proponent to complete the file will not be counted towards the deadline for confirming the registration of the environmental protection commitment as stipulated in Article 26 of the Law on Environmental Protection.

4. Sending the Confirmation File of the Environmental Protection Commitment

4.1. In cases of registration and confirmation at the district level, the People's Committee at the district level where the registration of the environmental protection commitment is confirmed shall have the responsibility to send one (1) confirmed environmental protection commitment along with the confirmation letter to the following addresses:

a) To the project proponent for implementation;

b) To the state management agency for environmental protection at the provincial level for reporting;

c) To the People's Committees of all other districts that have land for the project in cases where the project is located in the territory of two (2) or more districts.

4.2. In cases of registration and confirmation at the commune level, the People's Committee at the commune level where the registration of the environmental protection commitment is confirmed shall have the responsibility to send one (1) confirmed environmental protection commitment along with the confirmation letter to the following addresses:

a) To the project proponent for implementation;

b) To the People's Committee at the district level for reporting.

5. Establishment, Registration, and Confirmation of Registration of Additional Environmental Protection Commitments

5.1. The following situations fall under the category requiring the establishment of additional environmental protection commitments:

- Projects that undergo fundamental changes in technology or scale, capacity, or location; in cases where the change in the project's location occurs simultaneously with a change in the competent authority for confirmation, the project proponent must prepare a registration confirmation file for the environmental protection commitment;

- After twenty-four (24) months from the date the environmental protection commitment was confirmed by the competent authority, the project may commence implementation.

5.2. The additional environmental protection commitment must be presented in accordance with the structure and content requirements as prescribed in Appendix 28 issued together with this Circular, and the project proponent must submit the additional environmental protection commitment registration file to the agency that previously issued the confirmation letter for consideration and confirmation.

5.3. The quantity and format of the registration file for additional environmental protection commitments are specified as follows:

a) One (1) request for confirmation of registration of additional environmental protection commitment according to the model prescribed in Appendix 29 issued together with this Circular;

b) One (1) copy of the previously confirmed environmental protection commitment;

c) One (1) certified copy (in accordance with the provisions of the law) of the previously confirmed registration confirmation letter of the environmental protection commitment;

d) One (1) draft of the adjusted investment report or economic-technical report or production-business plan or equivalent document of the project with signatures accompanied by the name and position of the project proponent and stamped on the back cover page;

đ) The number of copies of the additional environmental protection commitment must be equal to the number of copies of the previously confirmed environmental protection commitment of the project.

5.4. The confirmation of registration of additional environmental protection commitment is conducted similarly to the previous confirmation of registration of the environmental protection commitment and is presented in the form of a confirmation letter of registration of additional environmental protection commitment according to the model prescribed in Appendix 30 issued together with this Circular.

5.5. The submission of the confirmed additional environmental protection commitment file is carried out similarly to the submission of the previously confirmed environmental protection commitment file of the project.

6. Delegation of Authority to Commune People's Committees to Confirm Registration of Environmental Protection Commitments

6.1. The People's Committee at the district level may delegate authority to the People's Committee at the commune level to organize the confirmation of registration of environmental protection commitments when it deems that the People's Committee at the commune level has sufficient professional expertise in environmental matters and there is a written request for delegation of authority to organize the confirmation of registration of environmental protection commitments according to the model prescribed in Appendix 31 issued together with this Circular.

6.2. Within no more than three (3) working days from the receipt of the request for delegation of authority from the People's Committee at the commune level, the People's Committee at the district level shall have the responsibility:

a) To send a delegation letter to the People's Committee at the commune level to organize the confirmation of registration of environmental protection commitments according to the model prescribed in Appendix 32 issued together with this Circular in cases where the delegation is agreed upon;

b) To send a letter to the People's Committee at the commune level and the project proponent informing about the refusal to delegate authority, specifying the reasons.

6.3. The time taken to consider and resolve the request for delegation of authority from the People's Committee at the commune level will not be counted towards the deadline for confirming the registration of the environmental protection commitment.

6.4. In cases where the delegation is refused, the People's Committee at the commune level shall have the responsibility to return the registration file of the environmental protection commitment to the project proponent to submit to the People's Committee at the district level with the appropriate authority for consideration and confirmation as stipulated.

6.5. The People's Committee at the district level will not delegate authority to the People's Committee at the commune level in cases where the project is located in the territory of two (2) or more communes.

7. Delegate authority to confirm registration of environmental protection commitment statements for investment projects in economic zones, industrial parks, export processing zones, and high-tech zones.

7.1. The People's Committee at the district level with the authority to organize confirmation of registration of environmental protection commitment statements shall delegate such authority in writing to the Management Board to confirm registration of environmental protection commitment statements for investment projects within economic zones, industrial parks, export processing zones, and high-tech zones based on the conditions stipulated in Clause 8, Article 1 of Decree No. 21/2008/NĐ-CP when the Management Board has an environmental protection specialized department, namely the Environmental Management Department established according to Clause 1, Article 9 of Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government regarding organization and specialized departments for environmental protection in state agencies and state-owned enterprises, upon written request from the Management Board.

7.2. The Management Board that is delegated authority shall be responsible for fully performing the roles of the People's Committee at the district level with the authority in activities confirming registration of environmental protection commitment statements; submitting confirmation files for environmental protection commitment statements; confirming supplementary registration of environmental protection commitment statements for the same project as those previously confirmed according to the provisions in Part IV of this Circular; reporting results to the People's Committee at the district level that delegated the authority; and complying with inspection and reporting systems stipulated in Part V of this Circular.

V. INSPECTION AND REPORTING SYSTEM FOR ENVIRONMENTAL IMPACT ASSESSMENT APPROVAL AND ENVIRONMENTAL PROTECTION COMMITMENT STATEMENT REGISTRATION CONFIRMATION WORK

1. The specialized environmental protection agencies of the competent authorities for environmental impact assessment approval and provincial-level Departments of Natural Resources and Environment under centrally governed cities shall be subject to inspection by the Ministry of Natural Resources and Environment in their work of environmental impact assessment approval according to current laws; they shall be responsible for reporting in writing to the Ministry of Natural Resources and Environment before January 30 each year on the previous year’s environmental impact assessment approval work along with a data table (sent via postal service on A4 paper and electronic file via email address) prepared according to Model 33 issued together with this Circular.

2. The Management Board that is delegated authority shall be subject to inspection by the delegating agencies in their work of environmental impact assessment approval and environmental protection commitment statement registration confirmation according to current laws; they shall be responsible for reporting in writing to the following agencies before January 15 each year:

2.1. Reporting to the Ministry of Natural Resources and Environment on environmental impact assessment approval work along with a summary table of results of this activity (sent via postal service on A4 paper and electronic file via email address) of the previous year prepared according to Model 33 issued together with this Circular.

2.2. Reporting to the Provincial Department of Natural Resources and Environment on environmental protection commitment statement registration confirmation work along with a summary table of results of this activity (sent via postal service on A4 paper and electronic file via email address) of the previous year prepared according to Model 34 issued together with this Circular.

3. The People's Committee at the district level shall be subject to inspection by the Provincial Department of Natural Resources and Environment in their work of environmental protection commitment statement registration confirmation according to current laws; they shall be responsible for reporting in writing to the Provincial Department of Natural Resources and Environment before October 15 each year on the previous year’s environmental protection commitment statement registration confirmation work along with a data table (sent via postal service on A4 paper and electronic file via email address) prepared according to Model 34 issued together with this Circular.

4. The Provincial Departments of Natural Resources and Environment under centrally governed cities shall be responsible for reporting in writing to the higher-level People's Committee and the Ministry of Natural Resources and Environment before January 30 each year on the previous year’s environmental protection commitment statement registration confirmation work in their locality, specifying the total number of projects that have been granted confirmation certificates, detailing difficulties and obstacles encountered, and proposing measures to address these issues.

VI. IMPLEMENTATION PROVISIONS

1. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels shall implement this Circular.

2. This Circular shall take effect 15 days from the date of publication in the Official Gazette and replace Circular No. 08/2006/TT-BTNMT dated September 8, 2006 of the Ministry of Natural Resources and Environment guiding strategic environmental assessment, environmental impact assessment, and environmental protection commitment.

3. For files received by competent authorities prior to the effective date of this Circular, the review of strategic environmental assessment reports, review and approval of environmental impact assessment reports, and confirmation of registration of environmental protection commitment statements shall continue to be implemented according to the provisions of Circular No. 08/2006/TT-BTNMT.

4. In the course of implementation, if there are any difficulties, they should be promptly reported to the Ministry of Natural Resources and Environment for consideration and resolution./.