Circular No. 13/2012/TT-BGTVT amending and supplementing certain provisions of Circular No. 09/2010/TT-BGTVT dated April 6, 2010, issued by the Minister of Transport on environmental protection in the development of transportation infrastructure.

CIRCULAR

Provincial People's Committees set specific pricesTo amend and supplement some articles of TCircular number 09/2010/TT-BGTVT datedy April 6, 2010 of

BMinister B||| ofthe Ministry of Transport on environmental protection in the development of transportation infrastructure

________________________________

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 Construction Law dated November 26, 2003;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport.

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

Considering the proposal of the Director of the Department of Environment;

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 09/2010/TT-BGTVT dated April 6, 2010 on environmental protection in the development of transportation infrastructure.

Article 1. Amending and supplementing some articles of Circular No. 09/2010/TT-BGTVT dated April 6, 2010 on environmental protection in the development of transportation infrastructure.

3. Article 8 shall be amended as follows:

"Article 3. Environmental protection in the strategy, planning, and plan for the development of transportation infrastructure

1. Organizations assigned to lead the development of strategies, plans, and plans for the development of transportation infrastructure under the management of the Ministry of Transport must conduct strategic environmental assessment according to 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); Circular No. 26/2011/TT-BTNMT dated July 18, 2011 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 commitment (hereinafter referred to as Circular No. 26/2011/TT-BTNMT). 2. The Ministry of Transport shall be responsible for organizing the Review Board to review the strategic environmental assessment reports for strategies, plans, and plans for the development of transportation infrastructure according to point c, Clause 1, Article 7 of Decree No. 29/2011/NĐ-CP."

2. Clause 1 and Clause 2 of Article 4 are amended as follows:

"1. The project investor of construction projects for transportation infrastructure shall have the responsibility:

a) To prepare or hire a consulting service organization with the necessary conditions to prepare an environmental impact assessment report or an environmental protection commitment according to Decree No. 29/2011/NĐ-CP; Circular No. 26/2011/TT-BTNMT and comply with environmental protection measures in the environmental impact assessment report or the environmental protection commitment that has been approved by the competent authority.

b) To comply with the regulations on fees for reviewing environmental impact assessment reports according to Circular No. 218/2010/TT-BTC dated December 29, 2010 of the Ministry of Finance on the level of collection, system of collection, payment, and management of use of fees for reviewing environmental impact assessment reports. 2. The Ministry of Transport shall be responsible for reviewing and approving environmental impact assessment reports for projects within its jurisdiction according to point b, Clause 2, Article 18 of Decree No. 29/2011/NĐ-CP."

3. Point d, Clause 4 of Article 5 is amended as follows:

"d) Managing hazardous waste according to Circular No. 12/2011/TT-BTNMT dated April 14, 2011 of the Ministry of Natural Resources and Environment on the management of hazardous waste;"

Article 2. Effective Date

1. This Circular takes effect from July 1, 2012.

2. The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the General Department of Roads, the Directors of Bureaus, the Directors of Provincial Departments of Transport, the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.