Circular No. 13/2009/TT-BTNMT on the organization and operation of the Strategic Environmental Assessment Report Review Board and the Environmental Impact Assessment Report Review Board

CIRCULAR

Regulations on the organization and operation of the strategic environmental assessment report review board and the environmental impact assessment report review board

strategic environmental assessment, appraisal council

environmental impact assessment report

________________

 

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

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. 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 certain provisions of the Law on Environmental Protection;

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. 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;

At the proposal of the General Director of the Environment Administration and the Head of the Legal Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the organization and operation of the Strategic Environmental Assessment Report Review Board and the Environmental Impact Assessment Report Review Board.

Article 2. Applicability

These Circulars apply to state agencies with authority organizing the review of strategic environmental assessment reports and environmental impact assessment reports as stipulated in Clause 7, Article 17 and Clause 7, Article 21 of the Law on Environmental Protection; state agencies authorized to organize the review of environmental impact assessment reports as stipulated in Clause 5 and Clause 8, Article 1 of 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 certain provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 21/2008/NĐ-CP); the Strategic Environmental Assessment Report Review Board and the Environmental Impact Assessment Report Review Board (hereinafter collectively referred to as the Board); project sponsors, organizations and individuals related to the organization and operation of the Board.

Article 3. Establishment of the Council

The head or person in charge of the agency organizing the review of strategic environmental assessment reports, organizing the review and approval of environmental impact assessment reports shall issue a decision establishing the Board for each strategic environmental assessment report and each environmental impact assessment report according to the model prescribed in Appendix 1 attached hereto.

Article 4. Functions of the Board

The Board has the function of advising the head or person in charge of the agency responsible for organizing the review or authorized to organize the review of strategic environmental assessment reports and environmental impact assessment reports.

Article 5. Principles of Operation of the Council

1. The Board operates under the principle of collective work, open discussion directly among members, and concludes on the results of the review of strategic environmental assessment reports and environmental impact assessment reports by majority vote.

2. The Board operates through formal meetings and activities before and after formal meetings of the Board.

Article 6. Costs for the Board's Activities

Costs for all activities of the Board are implemented in accordance with current laws.

Article 7. Permanent Office of the Board

State agencies with authority organizing the review of strategic environmental assessment reports, state agencies with authority or authorized to organize the review and approve environmental impact assessment reports shall arrange a specialized unit on environmental protection established in accordance with Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government on the organization of specialized units on environmental protection at state agencies and state-owned enterprises or another agency, organization, or unit with appropriate functions and tasks as the Permanent Office of the Board.

Chapter II

ORGANIZATION OF THE BOARD

Article 8. Composition and Structure of the Council

1. The composition and number of members of the Council reviewing the strategic environmental assessment report shall be implemented according to the provisions at point 3.3, section 3, Part II of Circular No. 05/2008/TT-BTNMT dated December 8, 2008 of the Ministry of Natural Resources and Environment guiding strategic environmental assessments, environmental impact assessments, and environmental protection commitments (hereinafter referred to as Circular No. 05/2008/TT-BTNMT); the composition and number of members of the Council reviewing the environmental impact assessment report shall be implemented according to the provisions at point 4.3, section 4, Part III of Circular No. 05/2008/TT-BTNMT, including: 01 (one) Chairman of the Council, 01 (one) Secretary member, 02 (two) Reviewing members, and other members; if necessary, there may be an additional 01 (one) Deputy Chairman of the Council.

The composition of the Council, including the Council organized by the Management Board of economic zones, industrial parks, high-tech zones, export processing zones under delegation, must ensure the participation of at least 01 (one) representative from the provincial state management agency for environmental protection where the project is carried out.

2. Conditions for selecting positions within the Council:

a) The Chairman of the Council is selected from one of the following sources: leadership of the organization conducting the review; leadership of the Council's permanent office; environmental experts meeting the conditions and criteria stipulated in Clause 5 of this Article;

b) The Deputy Chairman of the Council is selected from one of the following sources: leadership of the Council's permanent office; environmental experts meeting the conditions and criteria stipulated in Clause 5 of this Article; In case the Chairman of the Council is the leadership of the Council's permanent office, the Deputy Chairman of the Council must be selected as an environmental expert meeting the conditions and criteria stipulated in Clause 5 of this Article;

c) The Secretary member is an officer of the Council's permanent office;

d) At least 01 (one) Reviewing member is an environmental expert meeting the conditions and criteria stipulated in Clause 5 of this Article;

đ) Other members of the Council are experts with experience and appropriate professional qualifications corresponding to the content and nature of the project.

3. In cases where the Council reviews the strategic environmental assessment report or the environmental impact assessment report of a project using land located in two or more provinces, the organizing body decides specifically on the number and name of each province sending representatives of the provincial state management agency for environmental protection to participate in the Council.

4. In cases where the Council reviews the environmental impact assessment report of a project located in an economic zone, industrial park, high-tech zone, export processing zone, and the organizing body is not the Management Board of the economic zone, industrial park, high-tech zone, or export processing zone, the Council's composition must include a representative of the Management Board of the economic zone, industrial park, high-tech zone, or export processing zone where the project is carried out.

5. Environmental experts specified in this Circular must meet the following conditions and criteria simultaneously:

a) Environmental experts selected as Chairman or Deputy Chairman of the Council must have educational qualifications and professional experience reaching one of the following levels: bachelor's degree with at least 07 (seven) years of work experience in the field of environment, master's degree with at least 05 (five) years of work experience in the field of environment, doctoral degree with at least 03 (three) years of work experience in the field of environment; environmental experts selected as Reviewing members must have educational qualifications and professional experience reaching one of the following levels: bachelor's degree with at least 05 (five) years of work experience in the field of environment, master's degree with at least 03 (three) years of work experience in the field of environment, doctoral degree;

b) As of the date of being selected for one of the positions: Chairman, Deputy Chairman, or Reviewing member of the Council, they must have been a member of at least 05 (five) Councils reviewing strategic environmental assessment reports for strategic environmental assessment cases or 05 (five) Councils reviewing environmental impact assessment reports for environmental impact assessment cases at the same level of review or organized by a ministry or equivalent agency.

6. Environmental experts as stipulated in Clause 5 of this Article, when invited to join the Council, send a summary of their educational qualifications and professional experience to the Council's permanent office according to the form attached as Appendix 2 to this Circular.

Article 9. Responsibilities of Council Members

1. Participate in activities before, during, and after formal Council meetings upon request and according to the arrangement of the Council's Standing Office.

2. Study strategic environmental assessment reports, environmental impact assessment reports, and related project files and documents provided by the Council's Standing Office.

3. Write comments on the contents of strategic environmental assessment reports and environmental impact assessment reports according to the model prescribed in Appendix 3 issued together with this Circular (except for Reviewing Members who have their own separate model) to present at formal Council meetings.

4. Write supplementary comments on strategic environmental assessment reports and environmental impact assessment reports according to the model prescribed in Appendix 4 issued together with this Circular when requested by the Council through the Council's Standing Office after formal Council meetings. The deadline for Council Members to submit supplementary comments to the Council's Standing Office is not more than five (5) working days from the date of receiving the written request from the Council's Standing Office.

5. Perform duties at formal Council meetings in a scientific, honest, and impartial manner; write evaluation forms at formal Council meetings; perform secretarial duties at formal Council meetings as assigned by the Council Chairperson in case the Secretarial Member is absent.

6. Manage documents provided in accordance with the law and return these documents to the Council's Standing Office upon completion of tasks as required by the Council's Standing Office.

7. Be responsible before the organization conducting the review and before the law for their comments and evaluations on strategic environmental assessment reports and environmental impact assessment reports.

Article 10. Powers of Council Members

1. Request the Council's Standing Office or through the Council's Standing Office to request the project proponent to provide necessary information, documents, and data related to the project for reference and study to serve the purpose of commenting and evaluating at formal Council meetings.

2. In cases where deemed necessary, request the Council's Standing Office to report to the organization conducting the review to consider and decide on organizing pre-meeting support activities before holding formal Council meetings and post-meeting activities.

3. In cases where unable to attend formal Council meetings, Council Members (excluding the Chairperson, Vice-Chairperson, and Reviewing Members) have the right:

a) To delegate in writing (accompanied by confirmation from the head of the unit and stamped by the agency) another person from the same agency to attend with full responsibilities, powers, and benefits of a Council Member for those joining the Council as representatives of state agencies as stipulated in Clause 2, Clause 3 of Article 17 and Clause 2, Clause 3 of Article 21 of the Environmental Protection Law.

b) To delegate in writing another person to attend and read comments at formal Council meetings for those joining the Council as experts. The delegated person is considered a representative attending but does not record evaluation forms at formal Council meetings.

4. Engage in direct dialogue with parties involved at formal Council meetings; reserve opinions in cases where they differ from the Council's conclusions.

5. Receive remuneration according to current financial regulations when performing tasks such as writing comments on strategic environmental assessment reports and environmental impact assessment reports; participating in formal Council meetings; writing supplementary comments and other Council activities as prescribed in this Circular.

Article 11. Responsibilities and Authorities of the Chairman of the Council

In addition to the responsibilities and powers of a Council Member prescribed in Articles 9 and 10 of this Circular, the Council Chairperson also has the following responsibilities and powers:

1. Control formal Council meetings in accordance with the provisions of this Circular and relevant laws.

2. Appoint one (1) Council Member to be the secretary of formal Council meetings in case the Secretarial Member is absent.

3. Summarize and process opinions at formal meetings and other meetings (if any) of the Council; prepare conclusions for the Council to approve and announce the results of the Council's assessment.

4. Be responsible before the organization conducting the review and before the law for the activities and conclusions of the Council.

5. In cases where unable to attend formal Council meetings, delegate the Vice-Chairperson to fulfill the responsibilities and powers of the Chairperson at formal Council meetings.

Article 12. Responsibilities and Authorities of the Vice-Chairman of the Council

In addition to the responsibilities and powers of a Council Member prescribed in Articles 9 and 10 of this Circular, the Vice-Chairperson fulfills all responsibilities and powers and receives remuneration according to current legal regulations for the Chairperson at formal Council meetings in cases where the Chairperson is absent.

Article 13. Responsibilities and Authorities of the Reviewing Member

In addition to the responsibilities and authorities of a member of the Council as stipulated in Articles 9 and 10 of this Circular, the Reviewing Member shall also be responsible for thoroughly studying the provided files and documents, writing detailed comments on the environmental field and other fields related to the project's content according to the model prescribed in Appendix 5 issued together with this Circular, and submitting them to the Council's Standing Office at least 01 (one) working day before the formal session of the Council.

Article 14. Responsibilities and Authorities of the Secretary Member

In addition to the responsibilities and authorities of a member of the Council as stipulated in Articles 9 and 10 of this Circular, the Secretary Member shall have the following responsibilities and authorities:

1. Participate in organizing and providing the results of supporting activities for the Council's review (if applicable).

2. Send all review files, necessary documents, and texts to Council members before, during, and after the formal session of the Council.

3. Record the formal session of the Council comprehensively and accurately according to the model prescribed in Appendix 6 issued together with this Circular.

4. Provide evaluation forms to Council members.

5. Compile all comments and evaluations from all Council members to report to the Chairman of the Council.

6. Complete and transfer the formal session record of the Council to the Council's Standing Office along with all review files and related documents within the latest 03 (three) working days after the formal session of the Council.

7. Perform other tasks serving the Council's operations.

8. In case they cannot attend the formal session of the Council, the Secretary Member must fulfill responsibilities related to preparing for the formal session of the Council and responsibilities related to post-session activities; report to the Chairman of the Council to assign another member to serve as the secretary for the session; receive all files and documents handed over by the formal session secretary of the Council.

Article 15. Responsibilities and Authorities of the Council Member Representing the Provincial State Management Agency for Environmental Protection Participating in the Council Organized by the Ministry or Equivalent Agency

In addition to the responsibilities and authorities of a Council member as stipulated in Articles 9 and 10 of this Circular and the specific responsibilities and authorities corresponding to their position in the Council as prescribed in this Circular, the Council member representing the provincial state management agency for environmental protection participating in the Council organized by the Ministry or equivalent agency shall also have the following responsibilities and authorities:

1. Provide the Council with information and documents related to the project and its implementation status in the locality; be responsible for the information and documents provided to the Council.

2. In case they cannot participate in the formal session of the Council, authorize someone from the same agency to attend the formal session of the Council according to point a, Clause 3, Article 10 of this Circular.

3. Be reimbursed for travel expenses, food, accommodation, and other expenses according to the provisions of the law when participating in the Council's activities.

Chapter III

TASKS AND ACTIVITIES OF THE COUNCIL'S STANDING OFFICE

Article 16. Tasks of the Standing Office of the Council

1. Prepare the list of Council members in accordance with the requirements and criteria stipulated in this Circular and other relevant laws, submit to the head of the competent authority for consideration and issuance of a decision to establish the Council.

2. In case of necessity or upon request from Council members, require the project proponent to supplement the dossier, documents, or clarify issues related to the pre-assessment before presenting them for formal Council deliberation.

3. Prepare and provide the assessment dossier and related documents to Council members for study at least three (3) days prior to the formal Council meeting.

Closely coordinate with the Council member representing the provincial state management agency on environmental protection in collecting and providing information and documents related to the project and its implementation status to the Council when the Council is organized by a Ministry or an equivalent agency.

Collect and provide information and documents related to the project and its implementation status to the Council when the Council is organized by the People's Committee of a province or by the Management Board of an economic zone, industrial park, high-tech park, export processing zone under delegated authority.

4. In case of requests from Council members or if deemed necessary, report to the head of the competent authority for decisions on organizing pre-assessment support activities before the formal Council meeting and post-meeting activities; draft the content and budget estimate of the support activities for review and approval by the competent authority; organize the support activities according to the decision of the assessment organizing body.

5. Study and handle comments and evaluations from the Council members specified in Article 13 of this Circular; results of the pre-assessment support activities and other feedbacks to provide for the formal Council meeting.

6. Prepare the necessary technical conditions for the Council to conduct the formal meeting and related activities (if any).

7. Prepare the list of Council members and attendees for the formal Council meeting according to the model prescribed in Appendix 7, and the list of Council members with strategic environmental assessment comments, environmental impact assessment comments according to the model prescribed in Appendix 8 issued together with this Circular.

8. Receive the dossier and assessment results transferred by the Council; organize post-meeting activities as required by the Council; notify the project proponent of the Council's assessment results in accordance with point 4.1, Section 4, Part II of Circular No. 05/2008/TT-BTNMT for strategic environmental assessment reports or in accordance with point 4.4, Section 4, Part III of Circular No. 05/2008/TT-BTNMT for environmental impact assessment reports; process the dossier and carry out necessary procedures to submit to the head of the competent authority for review and issuance of documents to approve strategies, plans, programs within the scope defined in Article 14 of the Environmental Protection Law or issue a decision to approve the environmental impact assessment report of projects within the scope defined in the appendix attached to Decree No. 21/2008/NĐ-CP.

Article 17. Organizing activities to support the review of environmental impact assessment reports

1. Conditions for conducting support review activities:

a) When there is a request from the Standing Office of the Council or when there is a request from a member of the Council through the Standing Office of the Council regarding the necessity to conduct support review activities for project types specified in point b of this clause.

b) The types of projects considered for deciding to conduct support review activities are those with significant impacts on natural and social environments on a large scale or with complex characteristics; projects that pose a risk of seriously affecting the environment; projects with differing opinions about their negative impacts on the natural and social environment; projects using part or all of the area of national parks, nature reserves, biosphere reserves, world heritage sites, and nationally ranked historical and cultural sites; nuclear power plants, fusion power plants, nuclear reactors, hydropower plants with reservoirs, coastal aquaculture, construction of seaports, river ports, airports or air cargo terminals, oil refining, petrochemicals, basic chemical production, pesticide production, chemical fertilizer production, radioactive material usage or generation, special and hazardous mineral extraction and processing, waste recycling, and waste treatment and disposal.

2. The organization conducting the environmental impact assessment report review shall consider the conditions set out in Clause 1 of this Article to decide to implement one, several, or all of the following support review activities:

a) Surveying the project implementation site and adjacent areas;

b) Collecting samples for analysis and verification;

c) Soliciting opinions from the local community where the project is implemented;

d) Soliciting critical reviews from experts outside the Council, scientific and technological agencies, social and occupational organizations, and related non-governmental organizations;

đ) Organizing thematic evaluation sessions.

3. Support review activities must meet the following requirements:

a) At least one (1) Council member's participation;

b) Participation of representatives of provincial-level state management agencies for environmental protection at the project implementation location for the activity of surveying the project implementation site and adjacent areas.

4. Funding for support review activities is sourced from the environmental public service budget or other sources of the organization conducting the review or the Standing Office of the Council as stipulated by law.

Article 18. Soliciting Opinions from Provincial-Level State Management Agencies for Environmental Protection Where There Is No Council Member Representative

1. The Standing Office of the Council is responsible for sending documents along with the strategic environmental assessment report or environmental impact assessment report file to the provincial-level state management agency for environmental protection where there is no Council member representative as specified in Clause 3 of Article 8 of this Circular to solicit opinions; ensuring that the solicited agency has at least five (5) days to study the file.

The opinion solicitation document must clearly indicate the contents requiring opinions from the provincial-level state management agency for environmental protection without a Council member representative and the expected date for the formal Council session.

2. The solicited agency is responsible for sending its opinion in writing to the Standing Office of the Council at least one (1) day before the formal Council session. In case the Standing Office of the Council does not receive the written opinion within this deadline, it will be deemed that the solicited agency agrees to approve the strategic environmental assessment report or environmental impact assessment report.

3. The written opinion of the solicited agency is presented for consideration and discussion at the formal Council session.

Chapter IV

ACTIVITIES OF THE COUNCIL

Article 19. Conditions for conducting formal meetings of the Council

Formal meetings of the Council shall only be conducted when the following conditions are met:

1. At least two-thirds (2/3) of the number of Council members as decided by the agency organizing the review must be present, including the participation of either the Chairman or Vice-Chairman in the absence of the Chairman (hereinafter referred to as the meeting chairperson) and one (1) member with expertise in environmental issues.

2. The project leader (at the head or deputy level) must be present. In case of inability to attend, the project leader must provide a power of attorney document authorizing another person to attend and be responsible for the opinions expressed or presented by the authorized person during the formal meeting of the Council. The power of attorney document must be signed by the authorizer, clearly stating their name and position, stamped by the agency or organization, or notarized or certified according to the current laws on authorization.

3. Complete files as stipulated in Clause 1, Article 9 of Decree No. 80/2006/ND-CP for strategic environmental assessment reviews; Clause 2, Article 9 of Decree No. 80/2006/ND-CP for environmental impact assessment reviews; the decision establishing the Council; and comments from at least one (1) member with expertise in environmental issues must be available.

Article 20. Representatives participating in formal meetings of the Council

1. Based on the nature of the project and specific conditions of the review, the agency organizing the review decides to invite representatives of provincial-level state management agencies for environmental protection, representatives of commune People's Committees, representatives of the United Front Organizations at the commune level where the project is implemented, representatives of state management agencies managing sectors or fields related to the project, and representatives of social organizations and occupational associations to participate in the formal meeting of the Council.

2. Representatives invited to participate in the formal meeting of the Council shall study the strategic environmental assessment report and the environmental impact assessment report provided by the Council's permanent office, present their opinions during the formal meeting of the Council, receive remuneration according to current laws, and be subject to the control of the meeting chairperson.

Article 21. Evaluation Forms of Council Members

The evaluation form prescribed in Appendix 9 issued together with this Circular, completed by each Council member, reflects the final conclusion (which may differ from the conclusion recorded in the comment) of that member at the formal meeting of the Council and must meet the following requirements:

1. It must bear the seal of the agency organizing the review or the Council's permanent office;

2. The evaluation form must be filled out, signed, and clearly state the full name by the Council member attending the formal meeting of the Council (or the authorized person as stipulated in point a, Clause 3, Article 10 of this Circular).

Article 22. Content and Procedure of Formal Meetings of the Council

Formal meetings of the Council must ensure the main contents and follow the sequence below:

1. The secretary member reads the decision establishing the Council for reviewing the strategic environmental assessment report and the environmental impact assessment report; introduces the parties involved in the formal meeting; reports briefly on the process of handling the review file of the strategic environmental assessment report and the environmental impact assessment report.

2. The project leader (or the consultant authorized by the project leader) presents a summary of the content of the strategic environmental assessment report and the environmental impact assessment report of the project.

3. The secretary member reports on the results of supporting activities for the review (if any).

4. A question-and-answer session on unclear issues.

5. Expert members present their comments.

6. Other members present their comments and evaluations; the secretary member reads the comments of absent members and the written opinions of local state management agencies for environmental protection without representation as Council members (if any).

7. Council members, representatives, and the project leader engage in discussion.

8. If necessary, after the public discussion session, the Council convenes separately to continue discussions and reach consensus on the Council's conclusions.

9. The meeting chairperson announces the result of the evaluation vote and reads the proposed conclusion of the Council.

10. Council members propose recommendations (if any) for revising or supplementing the proposed conclusion of the Council.

11. The project leader makes a statement.

12. The meeting chairperson announces the official conclusion of the Council.

Article 23. Conclusion of the Council

1. The conclusion of the Council must clearly state the following main contents:

a) The strengths and weaknesses; the contents that need to be revised and supplemented for the strategic environmental assessment report and the project environmental impact assessment report;

b) An evaluation of the quality of the report at one of three levels: approved without revision or supplementation; approved but requiring revision or supplementation; not approved;

c) The form of examination and handling of the strategic environmental assessment report and the project environmental impact assessment report after the formal session of the Council has ended.

2. The strategic environmental assessment report and the project environmental impact assessment report can only be concluded as approved (approved without the need for revision or supplementation or approved but requiring revision or supplementation) when at least two-thirds (two-thirds) of the total number of Council members attending the session and those authorized according to point a, Clause 3, Article 10 of this Circular agree and are clearly recorded in the evaluation sheet.

3. The form of examination and handling of the strategic environmental assessment report and the project environmental impact assessment report after the formal session of the Council has ended, as stipulated in point c, Clause 1 of this Article, is as follows:

a) In the case where the report is approved but requires revision and supplementation, the Council entrusts the Standing Office of the Council to examine the strategic environmental assessment report and the environmental impact assessment report that have been revised and supplemented by the project proponent according to the requirements of the Council to proceed with subsequent steps as prescribed by law;

If necessary, the Council requests the Standing Office of the Council to send a document requesting some (including the opinion of at least one (one) opposing member) or all Council members to write additional comments according to Clause 4, Article 9 of this Circular or other forms to implement the Council's conclusion. The Standing Office of the Council compiles the additional comments, sends them to the project proponent to revise and supplement the strategic environmental assessment report and the project environmental impact assessment report; examines the strategic environmental assessment report and the environmental impact assessment report that have been revised and supplemented by the project proponent according to the requirements at the formal session and the additional comments after the formal session of the Council to proceed with subsequent steps as prescribed by law;

b) In the case where the report is not approved, the re-evaluation shall be carried out according to the provisions of point 4.1, Section 4, Part II of Circular No. 05/2008/TT-BTNMT for the strategic environmental assessment report and Section 7, Part III of Circular No. 05/2008/TT-BTNMT for the project environmental impact assessment report.

Article 24. Minutes of the Formal Session of the Council

The minutes of the formal session of the Council shall be prepared according to the model specified in Appendix 6 issued together with this Circular and must meet the following requirements:

1. The course of the session, discussion opinions, opinions of agreement, disagreement, and reserved opinions of the Council members at the session and the opinions of the attendees at the session must be recorded fully and truthfully in the minutes of the session.

2. The minutes of the Council session must be signed by the session chairperson and the Council Secretary at the lower left corner of each page, and signed and clearly stated their positions within the Council and their full names on the last page.

Article 25. Transfer of Appraisal File

Within no more than three (3) working days from the end of the formal session of the Council, the session chairperson shall transfer through the Secretary Member to the Standing Office of the Council all files and documents, including:

1. The minutes of the formal session of the Council.

2. The comments of the Council members.

3. The evaluation forms of the Council members.

4. Reports on the comments and evaluations of supporting appraisal activities (if any).

5. The appraisal request file of the project proponent.

6. Other related documents.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 26. Implementation

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central government, Management Boards of economic zones, industrial parks, high-tech zones, export processing zones shall be responsible for implementing this Circular.

2. The General Department of Environment shall be responsible for assisting the Minister of Natural Resources and Environment in guiding and inspecting the implementation of this Circular.

Article 27. Implementation Provisions

1. This Circular takes effect from October 10, 2009 and replaces Decision No. 13/2006/QĐ-BTNMT dated September 8, 2006 of the Minister of Natural Resources and Environment on the issuance of the Regulation on the organization and operation of the Council for appraising strategic environmental assessment reports and the Council for appraising environmental impact assessment reports.

2. The organization and operation of the Council for appraising strategic environmental assessment reports and the Council for appraising environmental impact assessment reports for files received by competent authorities before the date this Circular takes effect shall continue to be implemented according to the provisions of Decision No. 13/2006/QĐ-BTNMT.

3. In case of difficulties during implementation, organizations and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for consideration and resolution.