Decree No. 143/2004/ND-CP On Amending and Supplementing Article 14 of Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection

DECREE

Regarding amending and supplementing Article 14 of Decree No. 175/CP dated October 18, 1994 of the Government on guiding the implementation of the Law on Environmental Protection

Amending and supplementing Article 14 of Decree No. 175/CP dated October 18, 1994 of the Government on guiding the implementation of the Law on Environmental Protection as follows:

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THE GOVERNMENT

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

On the basis of the Environmental Protection Law dated December 27, 1993;

At the proposal of the Minister of Natural Resources and Environment,

DECREE:

Article 1. "Article 14. Competence to review and approve environmental impact assessment reports

1. The Ministry of Natural Resources and Environment shall review and approve environmental impact assessment reports for the following projects:
a) Projects using part or all of the land area of national parks, nature reserves that have been approved by the Prime Minister, or historical-cultural relics, scenic spots that have been classified; projects using land areas spanning two or more provinces or centrally-administered cities;
b) Urban infrastructure construction projects of class 3 or higher (with a population of 100,000 people or more); industrial park, high-tech park infrastructure construction projects with an area of 150 hectares or more; economic and trade zone infrastructure construction projects with an area of 1,000 hectares or more;

c) Permanent bridge construction projects with a length of 1,000 meters or more, seaports for ships with a gross tonnage of 50,000 DWT or more, airports; shipbuilding and repair yards for ships with a gross tonnage of 10,000 DWT or more; oil storage depots with a capacity of 50,000 cubic meters or more;

d) Hydropower plant projects with reservoirs having a capacity of 100,000,000 cubic meters or more; thermal power plant projects with a capacity of 200 MW or more;

e) Refining and petrochemical projects; plastic product manufacturing plants with a capacity of 10,000 tons of products per year or more; chemical fertilizer manufacturing plants with a capacity of 100,000 tons of products per year or more; paint, basic chemicals, pesticide, detergent, and additive manufacturing plants with a capacity of 20,000 tons of products per year or more; rubber processing and rubber manufacturing plants with a capacity of 50,000 tons of products per year or more; automobile tire and tractor tire manufacturing plants with a capacity of 1,000,000 units per year or more; battery manufacturing plants with a capacity of 300,000 kWh per year or more; textile dyeing plants with a capacity of 30,000,000 square meters of fabric per year or more;³f) Alcohol and spirits manufacturing plants with a capacity of 1,000,000 liters of products per year or more; beer and soft drink manufacturing plants with a capacity of 10,000,000 liters of products per year or more;

g) Oil and gas extraction projects; solid mineral extraction projects (without the use of chemicals) with a capacity of 500,000 cubic meters per year or more; solid mineral extraction projects containing harmful substances or using harmful chemicals; underground water extraction projects with a capacity of 50,000 cubic meters per day-night cycle or more; surface water extraction projects with a capacity of 500,000 cubic meters per day-night cycle or more;³h) Iron, steel, and non-ferrous metal production, rolling, and smelting plant projects with a capacity of 300,000 tons of products per year or more; cement production plants with a capacity of 1,000,000 tons of cement per year or more; paper and pulp production plants with a capacity of 50,000 tons of products per year or more;

i) Industrial waste disposal landfill projects; centralized industrial wastewater treatment system construction projects with a capacity of 5,000 cubic meters of wastewater per day-night cycle or more.

Based on careful consideration of each specific case according to the proposal of the relevant ministry or sector managing the project, the Ministry of Natural Resources and Environment may be delegated by the relevant ministry or sector to review and approve environmental impact assessment reports for projects specified in Clause 1 of this Article.

2. Provincial Departments of Natural Resources and Environment shall review and submit to the People's Committee of the province or centrally-administered city for approval environmental impact assessment reports for projects not falling within the scope specified in Clause 1 of this Article.³3. The Ministry of Natural Resources and Environment shall be responsible for submitting to the Government for consideration the environmental protection issues of national key projects decided by the National Assembly to invest."³This Decree takes effect 15 days from the date of publication in the Official Gazette and replaces Article 14 of Decree No. 175/CP dated October 18, 1994 of the Government on guiding the implementation of the Law on Environmental Protection.³The Minister of Natural Resources and Environment is responsible for providing detailed guidance on the preparation and review of environmental impact assessment reports for projects under the authority of the People's Committee of the province or centrally-administered city and projects delegated to ministries or sectors for preparation and review. Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairmen of the People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.

h) A project to construct a factory for producing, rolling, and processing pig iron, steel, and colored metals with a capacity of 300,000 tons of products per year or more; a cement production factory project with a capacity of 1,000,000 tons of cement per year or more; a paper and pulp production factory project with a capacity of 50,000 tons of products per year or more;

i) A project to construct a landfill for industrial waste and hazardous waste; a project to construct a centralized industrial wastewater treatment system with a capacity of 5,000 cubic meters of wastewater per day and night or more;³ 

On the basis of carefully examining each specific case as proposed by the ministry or sector managing the project, the Ministry of Natural Resources and Environment, which is entrusted by the ministry or sector, shall review and approve the environmental impact assessment report for projects specified in Clause 1 of this Article.

2. The Department of Natural Resources and Environment shall review and submit to the People's Committee of the province or centrally governed city for approval the environmental impact assessment report for projects not falling within the scope of the subjects specified in Clause 1 of this Article.

3. The Ministry of Natural Resources and Environment shall be responsible for submitting to the Government for consideration the environmental protection issues of national key projects decided by the National Assembly on investment orientation.

Article 2. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Article 14 of Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection.

Article 3. Implementation

The Minister of Natural Resources and Environment shall be responsible for providing detailed guidance on the preparation and review of environmental impact assessment reports for projects under the authority of the People's Committees of provinces and centrally governed cities and projects delegated to ministries and sectors for preparation and review. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and Chairpersons of the People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.