Circular No. 09/2014/TT-BNNPTNT detailing certain contents regarding strategic environmental assessment and environmental impact assessment 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 DevelopmentPursuant to the Environmental Protection Law;

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;

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

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

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;

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

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

Article 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.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

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

Article 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 (Science, Technology and Environment Department) for review and approval according to Articles 6, 7, 9, 14, and 15 of this Circular, international agreements on ODA, and other current regulations.

Clause 1. The outline for the preparation of the SEA report and EIA report

Article 2. Interpretation of Terms

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

is a detailed description of the content, workload, and budget estimate for preparing the SEA report and EIA report based on current financial regulations. Clause 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. Clause 3. The consulting organization is

an entity with legal personality, having sufficient capacity and experience to implement and operate in accordance with the law, hired by the project proponent to prepare the SEA report and EIA report in accordance with current laws. are strategies, plans, programs, and projects managed by the Ministry of Agriculture and Rural Development.

4. Project The permanent reviewing authority

5. is the state management agency entrusted by the Ministry of Agriculture and Rural Development to receive files and organize reviews. Clause 1. The General Departments directly under the Ministry of Agriculture and Rural Development are the permanent reviewing authorities for the EIA report of projects related to their specialized fields, approved and managed by the Minister of Agriculture and Rural Development for implementation (excluding projects where the General Departments themselves act as the project proponents).

Article 3. Permanent Reviewing Agency

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

PREPARATION, REVIEW, APPROVAL

Chapter II

OUTLINE FOR THE PREPARATION OF THE SEA REPORT AND EIA REPORT Clause 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.

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

Clause 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).

2. The time for preparing the outline to prepare the EIA report shall be carried out simultaneously with the time for preparing the project investment outline (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 in accordance with the model prescribed in Appendix I and Appendix II attached to 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.

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, the Director of the Department shall approve the framework for preparing the SEA report for specialized plans and specialized fields under the jurisdiction of the General Department and the specialized Department directly 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.

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

Section 1

REVIEW OF THE STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT WITHIN THE AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 6. Documents for requesting review of the Strategic Environmental Assessment report

The application dossier for the review of the SEA report sent 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 Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitments (hereinafter referred to as Circular No. 26/2011/TT-BTNMT).

Article 7. Inspection of documents, review, and notification of results

1. Examination 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 the project owner in writing to amend and supplement the dossier.

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

3. Notification of review results

a) Within five (05) working days from the end of the Review Board meeting, the permanent agency responsible for reviewing shall notify the project owner in writing about the review results, 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 still does not meet the requirements, 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 result report to the competent authority for approval of the strategy, plan, 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 result report includes:

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

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

2. Retain the dossier at the permanent agency responsible for reviewing including the following documents:

a) Documents for requesting review;

b) Dossier related to the Review Board.

c) Dossier of the review result report.

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

1. Implement expenses for the review work in accordance with the Inter-Ministerial Circular 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 expenditure for review work shall be taken from the annual state budget for environmental affairs.

Section 2

SEEKING OPINIONS ON THE STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT NOT WITHIN THE AUTHORITY TO REVIEW OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 10. Documents for Written Comments on EIA Reports Not Within the Jurisdiction of the Ministry of Agriculture and Rural Development

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 Department of Science, Technology and Environment for written comments before submitting to the competent authority for review as stipulated in Clause 1, Article 7 of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Commitment (hereinafter referred to as Decree No. 29/2011/NĐ-CP).

2. The documents for written comments include:

a) A letter requesting comments 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 Written Comments on EIA Reports Not Within the Jurisdiction of the Ministry of Agriculture and Rural Development

1. After receiving the request for comments on the EIA report from the Project Owner, the Department of Science, Technology and Environment will check the documents. In cases where the documents are incomplete or invalid, within five (05) working days from the date of receipt of the documents, the Department of Science, Technology and Environment will notify the Project Owner in writing to complete the documents.

2. If the documents are valid, within seven (07) working days from the date of receipt of the documents, the Department of Science, Technology and Environment will 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 from the Department of Science, Technology and Environment, 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, Article 7 of Decree No. 29/2011/NĐ-CP).

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

Chapter IV

REVIEW, APPROVAL, SEEKING OPINIONS ON EIA REPORTS

Section 1

ENVIRONMENTAL REVIEW OF EIA REPORTS WITHIN THE JURISDICTION REVIEW AND APPROVAL BY THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 12. Documents for Requesting Review of EIA Reports

The Project Owner establishes and submits the application for review of the EIA report to the permanent review agency, which includes:

1. An application for review of the EIA report carried out according to the model prescribed in Appendix 2.3 issued together with Circular No. 26/2011/TT-BTNMT.

2. Seven (07) copies of the project's EIA report in Vietnamese. Cover page and back cover format; structure and content requirements of the EIA report 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, Article 13 of Circular No. 26/2011/TT-BTNMT (if applicable).

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

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

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

Article 14. Organization of the Environmental Impact Assessment Report Examination Committee

1. Review Board

a) The Review Board is established and operates according to the provisions in Chapter 4 of Circular No. 26/2011/TT-BTNMT;

b) In necessary cases, the permanent review agency may carry out 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 end of the meeting, the permanent review agency will notify the Project Owner in writing about the review results, 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 will revise, supplement, and complete the EIA report according to the provisions in Article 15 of Circular No. 26/2011/TT-BTNMT and resubmit it to the permanent review agency;

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

Article 15. Competence to Approve, Authenticate, and Retain Environmental Impact Assessment Report Files

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) In cases where the Environmental Impact Assessment report is revised to meet requirements, the competent authority shall submit it to the Ministry of Agriculture and Rural Development for approval within fifteen (15) working days from the date of receiving complete valid files.

b) The head of the competent authority shall confirm and authenticate on the back cover or supplementary cover page of the approved report according to the model specified in Appendix 2.7 issued together with Circular No. 26/2011/TT-BTNMT.

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

3. Files retained at the competent authority include the following documents:

a) Documents for requesting review;

b) Dossier related to the Review Board.

c) Decision on approval attached to the original approved report.

Article 16. Contents of Costs for Review Work

1. Costs for review work shall be implemented in accordance with Circular No. 218/2010/TT-BTC.

2. Sources of costs for review work shall be derived from the revenue from review fees.

Article 17. Post-Review Work

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

2. Inspect and confirm 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 ENVIRONMENTAL IMPACT ASSESSMENT REPORTS OUTSIDE THE COMPETENCE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT REVIEW AND APPROVALAND RURAL DEVELOPMENT

Article 18. File for Seeking Written Opinions on Environmental Impact Assessment Reports Outside the Competence of the Ministry of Agriculture and Rural Development for Review and Approval

1. The Project Owner must send the Environmental Impact Assessment report file to the Department of Science, Technology, and Environment to seek written opinions before submitting 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 Environmental Impact Assessment report from the Project Owner;

b) One (01) copy of the project's Environmental Impact Assessment report. The cover page, supplementary cover page format; structure and content requirements of the environmental impact assessment report shall be implemented according to the models specified 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 Clause 4 and Clause 5, Article 13 of Circular No. 26/2011/TT-BTNMT (if applicable).

Article 19. Procedures, Time Limits for Seeking Opinions and Retaining Files for Environmental Impact Assessment Reports Outside the Competence of the Ministry of Agriculture and Rural Development for Review and Approval

1. After receiving the file for seeking opinions on the Environmental Impact Assessment report from the Project Owner, the Department of Science, Technology, and Environment will check the file. If the file is incomplete or invalid, the Department of Science, Technology, and Environment must notify the Project Owner in writing within five (05) working days from the date of receipt of the file to complete the file.

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

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

4. After the Environmental Impact Assessment report is approved, the Project Owner shall send one copy of the Decision on Approval (copy) attached to the authenticated Environmental Impact Assessment report to the Department of Science, Technology, and Environment for consolidation, tracking, and inspection.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 20. Implementation

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

2. The General Departments are responsible for reviewing and reporting the results of reviews and the use of review funds to the Department of Science, Technology, and Environment before 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./.