Circular No. 1420/MTg guides the environmental impact assessment for operating facilities.

CIRCULAR

||| OF THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

Guidelines for Environmental Impact Assessment for Operating Facilities

Pursuant to Article 17 of the Environmental Protection Law;

Pursuant to Article 9, Chapter III, Decree 175/CP on Guidance for Implementing the Environmental Protection Law;

The Ministry of Science, Technology, and Environment guides the conduct of environmental impact assessments for operating facilities as follows:

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

Ministries, sectors, and agencies equivalent to ministries shall direct subordinate facilities to prepare environmental impact assessment reports and submit them to state management bodies responsible for environmental protection for review, in accordance with Decree 175-CP. At the same time, they must ensure the overall progress of this Circular.

People's Committees of provinces and centrally governed cities shall direct their Departments of Science, Technology, and Environment to urge facilities under their jurisdiction to prepare environmental impact assessment reports and organize reviews according to the分级处理正在进行中的设施：

II. CLASSIFICATION OF OPERATING FACILITIES:

Departments of science, technology, and environment shall classify operating facilities based on their nature of operation and degree of pollution, categorizing them into four types as follows:

1. Facilities that do not need to prepare an environmental impact assessment report:

Office buildings

Banks, Finance

Communication

Schools

Bookstores, grocery stores

2. Facilities below must prepare a simplified environmental impact assessment report in the form of a "Declaration of Production Activities Affecting the Environment" (according to the attached model):

Small enterprises managed by local authorities;

Production cooperatives and associations;

Households engaged in production activities (excluding agricultural production), repair of various equipment-tools, located within residential areas;

Warehouses for hazardous chemicals, pesticides, fertilizers, gas stations;

Bus terminals, inter-provincial ports;

District/hospital health centers;

Livestock slaughterhouses providing local food;

Other forms of production and services... if they have an impact on the environment;

These facilities must complete the declaration before December 31, 1994, and submit it to the local Department of Science, Technology, and Environment and the main managing ministry (if the facility is directly under a central ministry or sector).

The Department of Science, Technology, and Environment shall compile these declarations and proceed to classify:

a) Facilities that do not require environmental treatment.

b) Facilities that require environmental treatment because they have caused pollution exceeding permissible environmental standards, directly affecting the health of surrounding residents.

For facilities classified as type b, the facility owner must propose remediation plans and implement them. The Department of Science, Technology, and Environment shall review these plans and consolidate them for submission to the provincial People's Committee for consideration and decision, while also reporting to the Ministry of Science, Technology, and Environment.

The Department of Science, Technology, and Environment must complete the consolidation before February 15, 1995.

3. Medium-sized and larger enterprises must prepare an environmental impact assessment report according to the model specified in Appendix II and submit it to the state management body responsible for environmental protection for review according to the classification specified in Appendix III, and submit it to the main managing ministry for coordinated handling.

4. Facilities that were granted permits before January 10, 1994, but have not yet commenced operations, have not prepared an environmental impact assessment report, and have not been reviewed, must prepare an environmental impact assessment report in accordance with Article 9 of the Decree.

Facilities specified in items I.3 and I.4 above must submit their environmental impact assessment reports by March 1, 1995.

In some exceptional cases, if there are truly special reasons, the deadline may be extended to June 30, 1995 (such as large hydropower projects, construction projects significantly impacting a region...), but this must be agreed upon in writing with the Ministry of Science, Technology, and Environment.

III. REQUIREMENTS FOR THE QUALITY OF REPORTS AND REVIEW OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

While awaiting the issuance of formal environmental standards, when preparing and reviewing environmental impact assessment reports, temporary standards published in the book "Some Temporary Environmental Standards" should be referenced.

During the review process, state management bodies responsible for environmental protection (both central and local) must have representatives from the main managing ministries present to provide comments. If the opinions of the ministries do not align with the conclusions of the state management bodies responsible for environmental protection, the matter should be reported to the Minister of Science, Technology, and Environment for consideration and decision.

1. Regarding the quality of the report:

When preparing an environmental impact assessment report, facility owners must ensure compliance with the requirements stipulated in Article 12 of the Decree.

2. Regarding the review of the report:

When reviewing environmental impact assessment reports, review committees must conclude in one of four categories for handling as prescribed in Clause 2, Article 20 of the Decree:

Allowed to continue operations without requiring environmental treatment.

Required to construct waste treatment facilities.

Required to change technology or relocate.

Required to cease operations.

The review must be completed by April 1, 1995.

Thereafter, the Department of Science, Technology, and Environment will compile a summary of the review results and handling outcomes according to the four categories mentioned above. This report will be submitted to the provincial People's Committee for consideration and decision, and simultaneously sent to the Ministry of Science, Technology, and Environment.

The summary report must be completed by May 15, 1995.

The Ministry of Science, Technology, and Environment will compile a final summary and propose further solutions, submitting them to the Prime Minister according to the procedures outlined above.

ANNEX I

Province/City:...

District:...Street:...House Number:...

DECLARATION OF PRODUCTION ACTIVITIES AFFECTING THE ENVIRONMENT
ENVIRONMENT

(Declared according to the 1994 level)

1. Name of the production facility:

2. Name and surname of the facility owner:

3. Area allocated for production (m2):

4. Nearest distance to surrounding households (m):

5. Names of products: Quantity: (per year; ...)

6. Names of raw materials and auxiliary materials: Quantity: (per year; ...)

7. Types of energy used: Quantity: (per year; KW, ...)

Gasoline, natural gas

Firewood

Anthrax

Rice husk

Electrical

8. Source of water supply for production: (m3/day-night)

9. Types of waste:

a) Pollutants causing air pollution:

Types of dust

Types of toxic gases

Noise and vibration

Is there a dust filtration system, gas extraction system, etc.?

b) Wastewater sources:

Total volume of wastewater (m3/day-night)

Contaminants in wastewater: sediment, oil, chemicals, easily decomposable organic matter...

Where does the wastewater flow to? (common sewer; pond; lake; river...)

Are there any treatment measures in place? If yes, what measures?

c) Waste: (solid waste)

Type of waste (metal, plastic, packaging...)

Quantity discharged: T or m3/day-night

Are there any collection measures in place?

10. Production time: (year-round, seasonal, peak months...)

11. Diseases commonly suffered by direct producers:

12. Self-assessment on main pollution sources and expected remediation:

Date 1994

Signature of production facility owner

ANNEX II

CONTENTS OF ENVIRONMENTAL IMPACT ASSESSMENT REPORT
FOR OPERATING FACILITIES

I. INTRODUCTION

1. Purpose of the report

2. Situation of documents and data for the report

3. Summary of operational process, capacity, raw materials, products, revenue, workers' living conditions.

II. OVERVIEW OF THE OPERATIONAL PROCESS OF THE FACILITY, TECHNOLOGY AND EFFECTIVENESS OF THE FACILITY'S OPERATIONS
III. DESCRIPTION OF THE CURRENT ENVIRONMENTAL CONDITIONS AT THE FACILITY'S LOCATION

Physical factors: soil, water, air...
Biological factors, aquatic and terrestrial ecosystems...

Infrastructure: water supply and drainage; transportation; irrigation...

Economic and social conditions and community health...

IV. EVALUATION OF ENVIRONMENTAL IMPACTS CAUSED BY THE FACILITY

Evaluation of impacts caused by the facility's operations on common environmental factors:

Impact on surrounding air quality

Water: impact on water sources (wastewater, surface water, groundwater...)

Noise generated by the facility

Soil: degree of pollution, erosion, depletion...

Ecosystems: specific ecosystems, degree of degradation, destruction...

Solid waste: are there any treatment measures in place? Degree of pollution caused by solid waste...

Historical landscape: description of historical landscape near the facility and the impact caused by the facility's operations...

Infrastructure: impact of the facility's operations on common infrastructure and its own infrastructure

Transportation: impact of the facility on the local transportation system...

Community health: consequences of environmental pollution caused by the facility on the health of direct producers and surrounding residents.

Other related impacts due to the facility's operations...

Each factor needs to be quantified and compared with national permissible standards.

For factors that cannot be quantified, qualitative assessment and classification according to severity: severe, moderate, minor, unclear...

Overall assessment of environmental losses, economic and social benefits/harms

V. SOLUTIONS REGARDING ENVIRONMENTAL ISSUES

Clearly state production technology options and treatment technologies, specific requirements regarding implementation time and cost.

VI. CONCLUSIONS AND RECOMMENDATIONS

Main conclusions

Recommendations for solutions and measures to mitigate negative impacts caused by operating facilities./.

Main conclusions

1. Recommendations for measures and methods to mitigate the negative impacts caused by existing facilities./.