Circular No. 09/2014/TT-BNNPTNT stipulates certain contents regarding strategic environmental assessment (SEA) and environmental impact assessment (EIA) under the management of the Ministry of Agriculture and Rural Development.

CIRCULAR

Regulations on certain contents regarding strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on the Law on Environmental Protection;

Based on the Law on Construction No. 16/2003/QH11 dated November 26, 2003, and the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Infrastructure Projects No. 38/2009/QH12 adopted by the National Assembly;

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

Based on Circular No. 26/2011/TT-BTNMT dated July 18, 2011, issued by the Ministry of Natural Resources and Environment detailing certain provisions of Government Decree No. 29/2011/NĐ-CP dated April 18, 2011, concerning strategic environmental assessment, environmental impact assessment, and environmental protection commitments;;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development issues this Circular regulating certain contents regarding strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the preparation, review, and approval of the outline for the strategic environmental assessment report (hereinafter referred to as SEA report) for strategies, plans, and programs; the preparation of the environmental impact assessment report (hereinafter referred to as EIA report) for investment projects; the review, approval, and solicitation of opinions on the SEA report and EIA report under the management of the Ministry of Agriculture and Rural Development.

2. This Circular applies to organizations and individuals involved in the preparation of SEA reports and EIA reports under the management of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry of Agriculture and Rural Development).

3. For environmental documents of ODA projects including: environmental assessment reports, environmental and social management frameworks (ESMF), ethnic minority policy frameworks (EMPF), and environmental management plans (EMPs), the project proponent shall submit them to the Ministry of Agriculture and Rural Development (Department of Science, Technology, and Environment) for review and approval according to the provisions of Articles 6, 7, 9, 14, and 15 of this Circular, international agreements on ODA, and other current regulations.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Outline for the preparation of SEA reports and EIA reportsis a description of the content, workload, and budget estimate for preparing SEA reports and EIA reports based on current financial regulations.

2. The project proponent is the agency or unit entrusted by the Ministry of Agriculture and Rural Development to manage strategies, plans, programs, and projects.

3. The consulting organization is a legal entity with sufficient capacity and experience to carry out activities in accordance with the law, hired by the project proponent to prepare SEA reports and EIA reports in accordance with current laws.

4. Project are strategies, plans, programs, and projects managed by the Ministry of Agriculture and Rural Development.

5. The permanent reviewing body is the state management agency entrusted by the Ministry of Agriculture and Rural Development to receive files and organize reviews.

Article 3. Permanent Reviewing Agency

1. The subordinate General Departments of the Ministry of Agriculture and Rural Development are the permanent reviewing bodies for EIA reports of projects related to their specialized fields, approved and managed by the Minister of Agriculture and Rural Development for implementation (excluding projects directly managed by the General Departments as the project proponents).

2. The Department of Science, Technology, and Environment is the permanent reviewing body for SEA reports and EIA reports under the management of the Ministry of Agriculture and Rural Development (excluding projects specified in Clause 1 of this Article).

Chapter II

PREPARATION, REVIEW, APPROVAL

OUTLINE SETTING SEA REPORTS AND EIA REPORTS

Article 4. Time for Preparation of the Outline for the SEA Report and the EIA Report

1. The time for preparing the outline for the SEA report is carried out concurrently with the time for preparing the outline for strategies, plans, and programs.

2. The time for preparing the outline for the EIA report is carried out concurrently with the time for preparing the outline for investment projects (feasibility study report).

Article 5. Construction, review, and approval of the framework for preparing the Strategic Environmental Assessment (SEA) report and the Environmental Impact Assessment (EIA) report

1. Construction of the framework:

The project owner shall organize the construction of the framework according to the model prescribed in Appendix I and Appendix II issued together with this Circular.

2. Review of the framework:

a) For the framework for preparing the SEA report: The project owner shall organize the review of the framework.

b) For the framework for preparing the EIA report: The project owner shall organize the review in accordance with the regulations on project management for construction works.

3. Approval of the framework:

a) For the framework for preparing the SEA report:

The Minister of Agriculture and Rural Development shall approve the framework for preparing the SEA report for comprehensive sectoral plans and multi-sectoral plans under the jurisdiction of the Ministry of Agriculture and Rural Development.

The Director of the General Department and the Director of the Department shall approve the framework for preparing the SEA report for specialized sectoral plans under the jurisdiction of their respective specialized departments subordinate to the Ministry of Agriculture and Rural Development.

b) For the framework for preparing the EIA report: It shall be carried out in accordance with the regulations on project management for construction works.

4. Within ten (10) working days from the date of approval of the framework, the project owner shall send the decision approving the framework along with the framework to the Ministry of Agriculture and Rural Development (the permanent agency responsible for reviewing as stipulated in Article 3 of this Circular) for consolidation, monitoring, and inspection.

Chapter III

REVIEW AND SEEKING OPINIONS ON THE STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT

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REVIEW OF THE SEA REPORT WITHIN THE JURISDICTION

OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 6. Application dossier forinternal SEA report

The application dossier for reviewing the SEA report shall be submitted to the permanent agency responsible for reviewing in accordance with Clauses 2, 3, and 4 of Article 5 of Circular No. 26/2011/TT-BTNMT dated July 18, 2011, of the Ministry of Natural Resources and Environment detailing certain provisions of Government Decree No. 29/2011/NĐ-CP dated April 18, 2011, regarding strategic environmental assessment, environmental impact assessment, and environmental protection commitments (hereinafter referred to as Circular No. 26/2011/TT-BTNMT).

Article 7. Inspection of the dossier, review, and notification of results

1. Inspection of the dossier:

a) In case the dossier is valid, the permanent agency responsible for reviewing shall establish a Review Board and organize the review;

b) In case the dossier is invalid, within five (05) working days from the date of receipt of the dossier, the permanent agency responsible for reviewing must notify in writing the project owner to amend and supplement the dossier.

2. The Review Board shall be established and operate in accordance with Chapter 4 of Circular No. 26/2011/TT-BTNMT.

3. Notification of the review results

a) Within five (05) working days from the date of conclusion of the Review Board meeting, the permanent agency responsible for reviewing shall notify in writing the review results to the project owner, including cases where the Review Board does not approve the SEA report;

b) After receiving the notification of the review results, the project owner shall be responsible for incorporating the review comments in accordance with Article 7 of Circular No. 26/2011/TT-BTNMT;

c) Upon receiving the amended and supplemented SEA report dossier, the permanent agency responsible for reviewing shall re-examine the SEA report. If it does not meet the requirements, it shall continue to request the project owner to make further amendments and improvements.

Article 8. Report on the results of the review of the Strategic Environmental Assessment report and retention of documents

1. The permanent agency responsible for reviewing shall submit the dossier of the review results to the competent authority for approving the strategy, plan, or program within a maximum period of fifteen (15) working days from the date of receipt of the completed SEA report dossier from the project owner. The dossier of the review results includes:

a) A report on the review results of the strategic environmental assessment report prepared according to the model prescribed in Appendix 1.9 issued together with Circular No. 26/2011/TT-BTNMT;

b) One (01) copy of the project owner's explanation document regarding the incorporation of the review comments on the SEA report.

2. The dossier to be kept at the permanent agency responsible for reviewing includes the following documents:

a) Documents for requesting review;

b) Dossier related to the Review Board;

c) Dossier of the review results.

Article 9. Contents of Expenditure for Environmental Impact Assessment Report Review Work

1. Implementation of funds for the review work in accordance with Circular Jointly Issued No. 45/2010/TTLT-BTC-BTNMT dated March 30, 2010, of the Ministry of Finance and the Ministry of Natural Resources and Environment guiding the management of environmental public expenditure and other relevant current documents.

2. The source of funding for the review work shall be taken from the annual environmental public expenditure..

Section 2

SEEKING OPINIONS ON THE SEA REPORT OUTSIDE THE JURISDICTION FOR REVIEW OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 10. Documents for obtaining written opinions on EIA reports not within the jurisdiction of the Ministry of Agriculture and Rural Development1. For EIA reports not within the jurisdiction of the Ministry of Agriculture and Rural Development, the Project Owner must submit the EIA report documents to the Science, Technology and Environment Department to obtain written opinions before submitting to the competent authority for review as stipulated in Clause 1 of Article 7 of Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government on Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Commitment (hereinafter referred to as Decree No. 29/2011/ND-CP).

2. The documents for obtaining written opinions include:

a) A letter requesting written opinions on the EIA report from the Project Owner;

b) One (01) copy of the EIA report bound with cover page, back cover, and structure and content requirements according to the model prescribed in Appendix 1.2 and Appendix 1.3 issued together with Circular No. 26/2011/TT-BTNMT;

c) One (01) draft strategic document, planning document, or plan.

Article 11. Procedures and time limits for obtaining written opinions on EIA reports

1. After receiving the request for opinions on the EIA report from the Project Owner, the Science, Technology and Environment Department will check the documents. In cases where the documents are incomplete or invalid, the Science, Technology and Environment Department will notify the Project Owner in writing within five (05) working days from the date of receipt of the documents to complete the documents.1. For EIA reports not within the jurisdiction of the Ministry of Agriculture and Rural Development, the Project Owner must submit the EIA report documents to the Science, Technology and Environment Department to obtain written opinions before submitting to the competent authority for review as stipulated in Clause 1 of Article 7 of Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government on Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Commitment (hereinafter referred to as Decree No. 29/2011/ND-CP).

2. If the documents are valid, the Science, Technology and Environment Department will provide written opinions on the EIA report to the Project Owner within seven (07) working days from the date of receipt of the documents. The opinion document on the EIA report shall be implemented according to the model prescribed in Appendix III issued together with this Circular.

3. Based on the written comments from the Science, Technology and Environment Department, the Project Owner is responsible for organizing revisions and supplements to complete the documents before submitting to the competent authority for review (as stipulated in Clause 1 of Article 7 of Decree No. 29/2011/ND-CP).

4. Within ten (10) working days from the date the EIA report is reviewed by the competent state agency, the Project Owner shall send a copy of the review result report along with the EIA report to the Science, Technology and Environment Department for consolidation, tracking, and implementation verification.

REVIEW, APPROVAL

Chapter IV

, OBTAINING OPINIONSON EIA REPORTS REVIEW OF EIA REPORTS

­­Section 1

WITHIN THE JURISDICTION OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENTTM Review of EIA reports

The Project Owner establishes and submits the application for reviewing the EIA report to the permanent review body, including:

Article 12. Application dossier for1. An application for reviewing the EIA report according to the model prescribed in Appendix 2.3 issued together with Circular No. 26/2011/TT-BTNMT.

2. Seven (07) copies of the EIA report of the project in Vietnamese. The cover page, back cover, structure, and content requirements of the EIA report are established according to the models prescribed in Appendices 2.4 and 2.5 issued together with Circular No. 26/2011/TT-BTNMT.

3. One (01) copy of the investment project (feasibility study report).

4. Other documents as prescribed in Clause 4 and Clause 5 of Article 13 of Circular No. 26/2011/TT-BTNMT (if applicable).

1. In cases where the documents are incomplete or invalid, the permanent review body will notify the Project Owner in writing within five (05) working days from the date of receipt of the documents to complete the documents.

2. If the documents are valid, the permanent review body will issue a notification for the Project Owner to pay the review fee. The level of the review fee is implemented according to the Fee Schedule for Reviewing EIA Reports issued together with Circular No. 218/2010/TT-BTC dated December 29, 2010 of the Ministry of Finance on the levels of fees, collection, payment, and management and use of fees for reviewing EIA reports (hereinafter referred to as Circular No. 218/2010/TT-BTC).

Article 13. Inspection and notification regarding the dossier, fee collection

1. In case the dossier is incomplete or invalid, within five (05) working days from the date of receipt of the dossier, the permanent agency for review shall notify the Project Owner in writing to complete the dossier.

2. In case the dossier is valid, the permanent agency for review shall issue a written notice to the Project Owner to pay the review fee. The level of the review fee shall be implemented according to the Fee Schedule for Reviewing Environmental Impact Assessment Reports issued together with Circular No. 218/2010/TT-BTC dated December 29, 2010 of the Ministry of Finance on the regulations regarding the collection, payment, and management of the use of fees for reviewing environmental impact assessment reports (hereinafter referred to as Circular No. 218/2010/TT-BTC).

Article 14. Organization for the review of the EIA report

1. Review Board

a) The Review Board shall be established and operate in accordance with the provisions of Chapter 4 of Circular No. 26/2011/TT-BTNMT;

b) In cases where necessary, the permanent review agency may conduct activities as prescribed in Clause 4, Article 18 of Decree No. 29/2011/NĐ-CP.

2. Notification of the review results by the permanent review agency

Within five (05) working days from the date of the conclusion of the meeting, the permanent review agency shall notify in writing the review results to the Project Owner, including cases where the Review Board does not approve the EIA report.

3. Handling of the review results by the Project Owner

a) After receiving the notification of the review results, the Project Owner shall revise, supplement, and complete the EIA report in accordance with Article 15 of Circular No. 26/2011/TT-BTNMT and submit it back to the permanent review agency;

b) The Project Owner must consider and integrate environmental recommendations into the project content to the maximum extent possible.

Article 15. Authority to Approve, Certify, and Retain the EIA Report File

1. Approval Authority for the Environmental Impact Assessment Report

a) The Ministry of Agriculture and Rural Development approves the Environmental Impact Assessment Report examined primarily by the Department of Science, Technology, and Environment;

b) The General Administration approves the Environmental Impact Assessment Report examined primarily by the General Administrations.

2. Approval and Certification of the Environmental Impact Assessment Report

a) If the revised EIA report meets the requirements, the permanent review agency shall submit it to the Ministry of Agriculture and Rural Development for approval within fifteen (15) working days from the date of receipt of all valid documents;

b) The head of the permanent review agency shall certify the report after the cover page or supplementary cover page according to the model prescribed in Appendix 2.7 issued together with Circular No. 26/2011/TT-BTNMT;

c) The submission of the certified EIA report and the decision approving the EIA report shall be carried out in accordance with the provisions of Clause 2, Article 21 of Decree No. 29/2011/NĐ-CP within fifteen (15) working days from the date of approval of the EIA report.

3. Files retained at the permanent review agency include the following documents:

a) Documents for requesting review;

b) Dossier related to the Review Board;

c) The approval decision attached with the original approved EIA report.

Article 16. Funding for the Review Work

1. Implementation of funding for the review work in accordance with Circular No. 218/2010/TT-BTC.

2. The source of funding for the review work is derived from the revenue from review fees.

Article 17. Post-review Work

1. Publicizing information about the project in accordance with Article 22 of Decree No. 29/2011/NĐ-CP.

2. Inspecting and confirming the implementation of construction works and environmental protection measures before putting the project into operation in accordance with Chapter 5 of Circular No. 26/2011/TT-BTNMT.

Section 2

SEEKING OPINIONS ON THE EIA REPORT NOT WITHIN THE REVIEW AUTHORITY

The Project Owner establishes and submits the application for reviewing the EIA report to the permanent review body, including:

Article 18. File for Seeking Written Opinions on the EIA Report Not Within the Review and Approval Authority of the Ministry of Agriculture and Rural Development

1. The Project Owner must submit the EIA report file to the Science, Technology, and Environment Department to seek written opinions before submitting it to the competent authority for review as stipulated in Clause 2, Article 18 of Decree No. 29/2011/NĐ-CP.

2. The file for seeking opinions includes:

a) A letter requesting opinions on the EIA report from the Project Owner;

b) One (01) copy of the EIA report of the project. The format of the cover page and supplementary cover page; structure and content requirements of the environmental impact assessment report shall comply with the models prescribed in Appendices 2.4 and 2.5 issued together with Circular No. 26/2011/TT-BTNMT;

c) One (01) copy of the investment project (feasibility study report);

d) Other documents prescribed in Clauses 4 and 5 of Article 13 of Circular No. 26/2011/TT-BTNMT (if applicable).

Article 19. Procedures, time limits for soliciting opinions and retaining files for EIA reports not within the scope of review and approval authority of the Ministry of Agriculture and Rural Development

1. Upon receipt of the file for soliciting opinions on the EIA report from the Project Owner, the Science, Technology and Environment Department shall examine the file. In cases where the file is incomplete or invalid, the Science, Technology and Environment Department must notify the Project Owner in writing to complete the file within five (05) working days from the date of receipt of the file.

2. In cases where the file is valid, within seven (07) working days from the date of receipt of the file, the Science, Technology and Environment Department shall provide written comments on the EIA report to the Project Owner. The document providing comments on the EIA report shall be carried out according to the model prescribed in Appendix III issued together with this Circular.

3. Based on the written comments of the Science, Technology and Environment Department, the Project Owner is responsible for organizing amendments and supplements to complete the file before submitting it to the competent state agency for review.

4. After the EIA report has been approved, the Project Owner shall send one copy of the Decision approving the EIA report (a certified copy) along with the EIA report to the Science, Technology and Environment Department for consolidation, monitoring, and inspection.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 20. Implementation

1. The Science, Technology and Environment Department shall be responsible for guiding and implementing the provisions of this Circular; compiling and reporting the results and implementation status annually to the Minister of Agriculture and Rural Development for approval and submission to the Ministry of Natural Resources and Environment.

2. The General Departments shall be responsible for reviewing and reporting the results of the review and the use of review funds to the Science, Technology and Environment Department by December 25 each year.

Article 21. Implementation clause

1. This Circular takes effect from May 11, 2014.

2. During the implementation process, if there are any difficulties, organizations and individuals shall promptly reflect them to the Ministry of Agriculture and Rural Development (through the Department of Science, Technology and Environment) for research and amendment./.