Decree No. 140/2006/ND-CP on environmental protection in the stages of formulating, reviewing, approving, and implementing strategies, plans, programs, and development projects.

DECREE

Provides for environmental protection in the stages of formulation, review, approval, and organization of implementation of strategies, plans, programs, and development projects.

Sets forth environmental protection in the stages of formulation, review, approval, and organization of implementation of strategies, plans, programs, and development projects.

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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 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. 81/2006/NĐ-CP dated August 9, 2006, of the Government on administrative penalties for violations in the field of environmental protection;

Considering the proposal of the Minister of Planning and Investment.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for environmental protection in the stages of formulation, review, approval, and organization of implementation of strategies, plans, programs, and development projects.

1. The types of development strategies regulated by this Decree include national socio-economic development strategies, regional strategies; sectoral and field development strategies at the national level.

2. The types of development plans regulated by this Decree include overall socio-economic development plans for regions (including special territories, key economic zones), provinces, centrally governed cities; sectoral and field development plans at the national level.

3. The types of development plans regulated by this Decree include national socio-economic development plans, provincial socio-economic development plans, centrally governed city socio-economic development plans; sectoral and field development plans at the national level.

4. The development programs regulated by this Decree are socio-economic development programs.

5. The types of development projects regulated by this Decree include domestic investment projects and foreign investment projects, specifically as follows:

a) National key construction projects;

b) Projects using part of the land area or having adverse impacts on nature reserves, national parks, historical and cultural sites, natural heritage sites, scenic spots that have been classified;

c) Projects posing risks of adverse impacts on river basin water sources, coastal areas, areas with protected ecosystems;

d) Projects constructing infrastructure for economic zones, industrial zones, high-tech zones, export processing zones, clusters of industries, craft villages;

đ) New urban and concentrated residential area construction projects;

e) Large-scale underground water extraction and natural resource utilization projects;

g) Other projects with significant potential risks causing adverse environmental impacts.

The list of projects required to prepare an environmental impact assessment report pursuant to 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.

Article 2. Applicability

This Decree applies to agencies, organizations, Vietnamese citizens, and foreign organizations and individuals residing in the territory of the Socialist Republic of Vietnam who engage in activities related to the formulation, review, approval, and organization of implementation of strategies, plans, programs, and development projects.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such treaties shall apply.

Article 3. Explanation of Terms

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

1. Development strategy is a comprehensive, overarching, fundamental, and long-term system of policies for national socio-economic development; reflecting the basic views, goals, methods, and major solutions for socio-economic development over a long period in the country.

2. Overall socio-economic development plan for regions, territories is an argument for developing socio-economic activities and organizing space for reasonable socio-economic activities within a specific region, territory over a defined period.

3. Sectoral and field development plan is an argument for selecting development options and rationally distributing sectors and fields over a long term across the country and within various regions, territories.

4. Key economic zone is a part of the national territory comprising several provinces and centrally governed cities that converge favorable conditions and factors for development, possess large economic potential, play a role as a driving force and leading engine pulling the overall development of the country.

5. Development plan is the systematic determination of activities aimed at socio-economic development according to certain goals and indicators within a specified time frame. A plan includes targets, measures, mechanisms, and policies to implement the goals set out during the planning period.

6. Development program is a collection of investment objects implemented according to a specific plan to achieve a certain goal. A development program includes several interrelated projects in terms of implementation, exploitation, and use to achieve the common goal of the program.

7. Development project is a collection of investment objects funded by multiple resources to create new, expand, or renovate certain material facilities, resulting in changes from small to large, narrow to wide, low to high, simple to complex, aiming to achieve growth in quantity or improvement in quality of the investment object within a defined timeframe.

Article 4. General Principles

Environmental protection must be given due attention, consideration, and deliberation right from the inception of ideas, development orientations, and throughout the process of formulating, reviewing, approving, and implementing strategies, plans, programs, and projects to ensure sustainable development of the country in terms of economy, society, and environment. Short-term benefits should not lead to severe and long-lasting environmental consequences.

Article 5. Responsibilities for Implementation

1. Environmental protection is the duty and responsibility of all organizations and individuals engaged in activities related to the formulation, review, approval, and implementation of strategies, plans, programs, and development projects on the territory of Vietnam.

2. The managing units, investors, and agencies deciding on the approval of development strategies, plans, programs, and projects must take concrete measures to prevent, limit, and mitigate environmental incidents during the implementation of development strategies, plans, programs, and projects.

3. The whole society has rights and obligations to participate, contribute opinions, inspect, and supervise the implementation process of environmental protection regulations concerning strategies, plans, programs, and development projects.

Chapter II
PROVISIONS ON ENVIRONMENTAL PROTECTION IN THE STAGES OF FORMULATION, REVIEW, APPROVAL, AND ORGANIZATION OF IMPLEMENTATION OF STRATEGIES, PLANS, PROGRAMS, AND DEVELOPMENT PROJECTS
REVIEWING, APPROVING AND ORGANIZING THE IMPLEMENTATION OF STRATEGIES,
PLANS, PROGRAMS AND PROJECTS FOR DEVELOPMENT

Article 6. Stage of Formulating Strategies, Plans, Programs, and Development Projects

1. For strategies, plans, and development programs

a) Strategies, plans, and development programs must ensure harmony between economic and social development goals and environmental protection goals; the orientation of development goals and environmental protection goals must comply with sustainable development criteria.

b) When formulating strategies, plans, and development programs, there must be content assessing and forecasting environmental impacts, environmental indicators, and measures for environmental protection. In development plans, there must be investment targets to enhance organizational management and environmental monitoring capabilities, prevent and handle pollution, restore and protect the environment. Environmental indicators must be part of the planning indicator system at all levels and be developed concurrently with economic and social planning indicators in sectoral, field-specific, and local development plans.

c) The agency assigned the task of formulating strategies, plans, and development programs is responsible for preparing strategic environmental impact assessments and must prepare them concurrently with the formulation process of strategies, plans, and programs.

d) The content of strategic environmental impact assessments shall be carried out in accordance with Article 16 of the Law on Environmental Protection.

đ) When researching and formulating strategies, plans, and development programs, extensive opinions from ministries, sectors, localities, scientists, and relevant experts must be sought. Specifically, for urban and rural planning, public disclosure and solicitation of opinions from residents and People's Councils within the planning area must be conducted during research.

2. For programs and development projects

a) Environmental impacts must be considered from the initial research stage of formulating programs and development projects.

b) Investors of programs and development projects specified in Clause 5 and Clause 6 of Article 1 of this Decree are responsible for preparing environmental impact assessments concurrently with the program formulation process or the feasibility study report of the project to submit to the competent state authority for approval.

c) The content of environmental impact assessments shall be carried out in accordance with Article 20 of the Law on Environmental Protection.

d) Investors of programs and development projects may themselves or hire consulting organizations to prepare environmental impact assessments and must bear responsibility for the data and content stated in the environmental impact assessment reports.

đ) In cases where there are changes in scale, content, implementation time, or completion of programs and projects, investors are responsible for explaining to the approving authority and must prepare additional environmental impact assessments when required by the competent authority.

e) Environmental protection provisions in the stage of formulating programs apply to the entire program and each project under the program.

Article 7. Stage of examination and approval of strategies, plans, programs, and development projects

1. For strategies, plans, and development programs

a) The content of the examination of strategies, plans, and development programs must include environmental protection content.

b) The examination dossier for strategies, plans, and programs, in addition to the prescribed documents, must also include the results of the examination of the strategic environmental assessment report approved by the competent authority.

c) The examination of the strategic environmental assessment report shall be carried out in accordance with Article 17 of the Environmental Protection Law. The competent authority responsible for examining the strategic environmental assessment report shall report the examination results to the head of the competent authority approving the strategy, plan, or program for the purpose of approving the strategy, plan, or program.

d) The authority organizing the examination of strategies, plans, and programs shall be implemented according to current laws.

During the examination process, the competent state agency shall invite relevant ministries, sectors, localities, consulting organizations, and scientists to participate in the examination based on contracts with the agency organizing the examination and bear responsibility for the examination results.

The agency organizing the examination shall base its decisions on the opinions of ministries, sectors, localities, and participating organizations, and may request the agency submitting the strategy, plan, or program to explain and supplement the strategy, plan, or program.

đ) The examination period for development strategies, plans, and programs shall not exceed 45 days from the date the examination agency receives complete valid files, excluding time for amending and supplementing the files.

e) The authority to approve development strategies, plans, and programs shall be implemented according to current laws.

g) The competent authority approving the strategy, plan, or program shall base its decision on the approval application file, the examination report of the assigned examination agency, and the results of the examination of the strategic environmental assessment report to consider and decide on the approval of the strategy, plan, or program.

The content of the approval decision must include environmental protection content.

h) After the development strategy, plan, or program has been approved, the competent state management authority must publicly announce it widely through mass media so that the people can monitor the implementation of the strategy, plan, or program.

2. For programs and development projects

a) The content of the examination of development programs and projects must include environmental protection content.

b) The examination dossier for development programs and projects, in addition to the prescribed documents, must also include the decision approving the environmental impact assessment report of the competent authority.

c) The examination and approval of the environmental impact assessment report of development programs and projects shall be carried out in accordance with Articles 21 and 22 of the Environmental Protection Law. The agency establishing the committee to examine the environmental impact assessment report shall report the examination results of the environmental impact assessment report to the head of the competent authority approving the program or project for the purpose of approving the program or project.

d) The authority organizing the examination of development programs and projects shall be implemented according to current laws.

đ) The competent authority examining development programs and projects shall use specialized agencies under its direct control with sufficient capacity to organize the examination of programs and projects and may invite related agencies to participate in the examination committee.

The agency organizing the examination of development programs and projects shall be responsible under the law for the content of its examination.

The examination period for development programs and projects shall be implemented according to current laws.

e) The competent authority approving and granting investment permits for development programs and projects shall base its decision on the examination report of the program or project, the decision approving the environmental impact assessment report, and other necessary documents to consider and decide on the approval of the development program or project.

Development programs and projects specified in Clause 5 and Clause 6 of Article 1 of this Decree shall only be approved and granted investment permits after the environmental impact assessment report has been approved.

The content of the approval decision must include environmental protection content.

The provisions on environmental protection during the examination and approval stage apply to the entire program and each project within the program.

Article 8. Stage of organizing and implementing strategies, plans, programs, and projects for development

1. For strategies, plans, and development programs

a) The process of implementing strategies, plans for development must comply with all environmental protection contents stated in the strategic environmental assessment report.

b) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Planning and Investment, relevant ministries and provincial People's Committees under the central government to supervise, inspect, and audit the implementation of environmental protection regulations concerning strategies, plans, and development programs. Supervision, inspection, and auditing shall be carried out in accordance with current laws.

c) Ministries, sectors, and provincial People's Committees under the central government shall have the responsibility to resolve complaints or handle recommendations related to environmental protection during the implementation of strategies, plans, and development programs within their authority or refer them to the Prime Minister for resolution.

d) Annually, ministries, sectors, and provincial People's Committees under the central government shall establish reports on the situation of inspections, audits, and supervision of the implementation of environmental protection regulations concerning strategies, plans, and development programs and submit them to the Ministry of Natural Resources and Environment. The Ministry of Natural Resources and Environment shall be responsible for compiling these reports to submit to the Prime Minister.

e) The content of inspections, audits, and supervision of the implementation of environmental protection regulations in strategies, plans, and development programs shall be conducted according to the content of the strategic environmental assessment report.

2. For programs and development projects

a) During the implementation of development programs and projects, the program/project manager shall be responsible for fully implementing the contents in the environmental impact assessment report as stipulated in Clause 1, Article 23 of the Environmental Protection Law and related legal documents.

b) The agency approving the environmental impact assessment report shall be responsible for directing and organizing inspections, audits, and supervision of the implementation of environmental protection contents and measures in development programs and projects; receiving and handling community recommendations regarding environmental issues related to ongoing programs and projects within its authority.

Development programs and projects must confirm compliance with the requirements of the decision approving the environmental impact assessment report. Procedures, contents of inspection, confirmation, shall be implemented in accordance with current regulations in related legal documents.

Environmental protection regulations during the stage of organizing and implementing programs apply to the entire program and each project within the program.

Chapter III
RESPONSIBILITIES OF THE AUTHORITIES

Article 9. Responsibilities of the Ministry of Planning and Investment

1. Ensuring the implementation of environmental protection regulations when formulating national and regional overall strategies, long-term, five-year, and annual socio-economic development plans.

2. Ensuring the implementation of environmental protection regulations in the review of sectoral and regional development plans submitted by ministries, agencies at the level of ministries, and provincial-level administrations; comprehensive industrial zones and export processing zones; development programs and projects within the jurisdiction of the National Assembly, Government, and Prime Minister.

3. Cooperating with ministries, agencies at the level of ministries, provincial-level administrations in ensuring the implementation of environmental protection regulations in the stages of formulation, review, approval, and organization of implementation of strategies, plans, programs, and projects for development within the jurisdiction of the National Assembly, Government, and Prime Minister.

4. Cooperating with ministries, agencies at the level of ministries, provincial-level administrations in supervising, inspecting, and auditing the implementation of environmental protection regulations concerning strategies, plans, programs, and projects for development within the jurisdiction of the National Assembly, Government, and Prime Minister.

Article 10. Responsibilities of the Ministry of Natural Resources and Environment

1. Uniformly manage activities related to the review and approval of strategic environmental assessment reports and environmental impact assessment reports nationwide; organize the review of strategic environmental assessment reports, review and approve environmental impact assessment reports within its authority; guide the preparation of strategic environmental assessment reports.

2. Take the lead and coordinate with the Ministry of Planning and Investment, sectoral ministries, provincial People's Committees under the central government to supervise, inspect, and audit the implementation of environmental protection regulations for strategies, plans, programs, and development projects within the approval authority of the National Assembly, Government, and Prime Minister; annually compile and report to the Prime Minister on the supervision, inspection, and auditing of the implementation of environmental protection regulations for strategies, plans, programs, and development projects.

3. Ensure the implementation of environmental protection regulations in the stages of drafting, reviewing, approving, and organizing the implementation of sectoral and field development plans and programs within its authority.

4. The Minister of Natural Resources and Environment shall guide the monitoring, inspection, and auditing system and establish a reporting system on the implementation of environmental protection regulations for strategies, plans, programs, and development projects.

Article 11. Responsibilities of Ministries, agencies at the ministerial level, and government agencies

1. Ensure the implementation of environmental protection regulations in the stages of drafting, reviewing, approving, and implementing sectoral and field development strategies, plans, programs, and projects within their authority.

2. Supervise, inspect, and audit the implementation of environmental protection regulations for sectoral and field development strategies, plans, programs, and projects within their authority; annually prepare and submit reports on the results of implementation to the Ministry of Natural Resources and Environment.

Article 12. Responsibilities of Provincial People's Committees under the Central Government

1. Ensure the implementation of environmental protection regulations in the stages of drafting, reviewing, approving, and implementing local development strategies, plans, programs, and projects within their authority.

2. Supervise, inspect, and audit the implementation of environmental protection regulations for local development strategies, plans, programs, and projects; annually prepare and submit reports on the results of implementation to the Ministry of Natural Resources and Environment.

Article 13. Handling Violations

1. Functional agencies, organizations, and individuals involved in the drafting, reviewing, approving, and implementing development strategies, plans, programs, and projects, if they violate the environmental protection regulations stipulated in this Decree, will be subject to administrative penalties.

2. Administrative violations concerning environmental protection, forms of penalty, fines, authority to impose penalties, procedures for imposing penalties, and measures to mitigate consequences shall be carried out in accordance with the provisions of Decree No. 81/2006/NĐ-CP dated August 9, 2006 of the Government on administrative penalties in the field of environmental protection.

Chapter IV
IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 15. Responsibilities for guidance and implementation

The Minister of Planning and Investment, the Minister of Natural Resources and Environment shall within their respective functions, tasks, and authorities be responsible for guiding and organizing the implementation of this Decree.

The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.