Decree No. 18/2015/NĐ-CP on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plan

DECREE

Provisions on environmental protection planning, strategic environmental assessment,

environmental impact assessment and environmental protection plang

_________________________

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

Pursuant to the Environmental Protection Law on June 23, 2014;

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

At the proposal of This Decree provides detailed regulations and implementation measures for provisions on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plan under the Environmental Protection Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and implementation measures for certain provisions on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plan under the Environmental Protection Law.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals involved in activities related to environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plan within the territory of the Socialist Republic of Vietnam.

Chapter II

ENVIRONMENTAL PROTECTION PLANNING

Article 3. Preparation of Environmental Protection Planning

1. Environmental protection planning shall be prepared in accordance with economic and social development planning for the period from 2021 to 2030, with a vision to 2040, at two (02) levels: national environmental protection planning and provincial environmental protection planning.

2. National environmental protection planning includes the following main contents:

a) Trends, management objectives for forest environment, biodiversity conservation;

b) Current marine, island, river basin environment; objectives and solutions for conservation, protection of marine, island, river basin resources and environment;

c) Current air emissions and air quality; objectives and planning solutions for activities with large air emission sources;

d) Current land degradation and pollution status; objectives and solutions for preventing land degradation and pollution, restoring polluted and degraded areas;

đ) Current water pollution status; objectives and solutions for wastewater management and water environment protection;

e) Current solid waste collection, treatment, and management objectives and solutions for household, industrial solid waste, and hazardous waste;

g) Current environmental monitoring network status; objectives and planning directions for the environmental monitoring system;

h) Environmental zoning according to development, protection, conservation, and climate change response objectives;

i) Priority environmental protection programs and environmental indicators;

k) Maps and diagrams related to the planning area;

l) Resources for implementing environmental protection planning; responsibilities for organizing implementation and supervising the implementation of environmental protection planning.

3. Provincial environmental protection planning shall be prepared in the form of separate reports or integrated into comprehensive socio-economic development planning with the following contents:

a) For provincial environmental protection planning in the form of separate reports, it must reflect the contents stipulated in Clause 2 of this Article with more detailed requirements linked to geographical location, natural and socio-economic conditions specific to the locality where the planning is being developed;

b) For provincial environmental protection planning integrated into comprehensive socio-economic development planning, it must reflect the contents stipulated in Clause 2 of this Article with more detailed requirements linked to geographical location, natural and socio-economic conditions specific to the locality where the planning is being developed, wherein the contents on resources for implementing environmental protection planning, responsibilities for organizing implementation and supervising the implementation of environmental protection planning are integrated into corresponding contents of comprehensive socio-economic development planning.

4. The Ministry of Natural Resources and Environment shall provide detailed guidance on the procedures for preparing the outline, approving tasks for preparing environmental protection planning.

5. The agency responsible for preparing environmental protection planning must study and incorporate opinions from consulted agencies and organizations; prepare a dossier to request review of environmental protection planning in accordance with Clause 1 of Article 4 of this Decree and submit it to the competent authority specified in Clause 2 of Article 11 of the Environmental Protection Law for review.

Article 4. Environmental Protection Plan Review

1. The review of environmental protection plans shall be conducted as follows:

a) For national environmental protection plans and provincial environmental protection plans in the form of separate reports, they shall be reviewed through a review board established by the head of the agency responsible for reviewing environmental protection plans under Clause 2, Article 11 of the Environmental Protection Law.

The composition of the review board includes the Chairman of the Board, one (01) Deputy Chairman when necessary, two (02) Reviewers, one (01) Secretary and some members, including representatives from agencies at the same level as the planning level from sectors such as Natural Resources and Environment; Industry and Trade; Construction; Agriculture and Rural Development; Transport; Culture, Sports and Tourism; Planning and Investment and other related sectors;

b) For environmental protection plans incorporated into comprehensive socio-economic development plans: The People's Committee of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees) shall conduct reviews concurrently with the review of provincial comprehensive socio-economic development plans.

2. The application dossier for the review of national environmental protection plans and provincial environmental protection plans in the form of separate reports shall be as follows:

a) For national environmental protection plans, it includes the proposal for the review of the national environmental protection plan by the leading agency drafting the plan and the draft of the national environmental protection plan;

b) For provincial environmental protection plans in the form of separate reports, it includes the proposal for the review of the provincial environmental protection plan by the leading agency drafting the plan and the draft of the provincial environmental protection plan in the form of a separate report.

3. The review board is responsible for examining the contents of the environmental protection plan and providing review opinions; activities of the environmental protection plan review board shall be carried out according to the guidelines of the Ministry of Natural Resources and Environment.

4. The agency responsible for reviewing environmental protection plans may carry out the following activities to support the review board:

a) Solicit independent feedback from political-social organizations, social organizations, occupational social organizations, and experts in the field of environment;

b) Organize specialized meetings and seminars related to the content of the environmental protection plan.

5. The Ministry of Natural Resources and Environment shall provide detailed guidance on the format of documents, materials, and application dossiers for review; organization and activities of the environmental protection plan review board; and develop and issue technical guidelines for drafting environmental protection plans.

Article 5. Approval of National Environmental Protection Plans

1. The leading agency drafting the national environmental protection plan is responsible for completing the content of the national environmental protection plan and submitting it to the Ministry of Natural Resources and Environment along with a document explaining the adoption of review comments and suggestions.

2. The Ministry of Natural Resources and Environment shall prepare the dossier for approval of the national environmental protection plan, which includes:

a) A report to the Prime Minister by the Minister of Natural Resources and Environment on the process of drafting and reviewing the national environmental protection plan;

b) The draft of the national environmental protection plan revised and completed based on research and adoption of review comments and suggestions;

c) The draft decision of the Prime Minister approving the national environmental protection plan, which must reflect the objectives and directions of the national environmental protection plan, priority environmental protection programs and projects, environmental indicators, resources, responsibilities for implementation and supervision of the implementation of the national environmental protection plan.

Article 6. Approval of Provincial Environmental Protection Planning

1. For provincial environmental protection planning in the form of separate reports, the application dossier for approval shall include:

a) A report from the People's Committee of the province on the process of drafting, reviewing, and incorporating comments from the competent agency responsible for drafting the provincial environmental protection planning;

b) Draft provincial environmental protection planning;

c) The review opinion of the Ministry of Natural Resources and Environment on the content of the provincial environmental protection planning;

d) Draft decision of the Chairman of the People's Committee of the province to approve the provincial environmental protection planning, which must reflect the objectives, orientation of the provincial environmental protection planning, environmental indicators, priority environmental programs and projects, resources, responsibilities for implementation and supervision of the implementation of the provincial environmental protection planning.

2. For provincial environmental protection planning integrated into comprehensive socio-economic development planning, the Chairman of the People's Committee of the province shall approve the content of the provincial environmental protection planning after receiving the written review opinion of the Ministry of Natural Resources and Environment on the content of the provincial environmental protection planning.

Article 7. Publicizing Information on Environmental Protection Planning

1. The Ministry of Natural Resources and Environment shall send the decision approving the national environmental protection planning to relevant ministries, sectors, and provincial People's Committees within no more than five (05) working days from the date of issuance.

2. The provincial People's Committee shall send the decision approving the provincial environmental protection planning to relevant departments, district People's Committees, and the Ministry of Natural Resources and Environment within no more than five (05) working days from the date of issuance.

3. The Ministry of Natural Resources and Environment shall organize the publication of the decision approving and main contents of the national environmental protection planning on its website and other forms within no more than thirty (30) working days from the date of issuance.

4. The provincial People's Committee shall organize the publication of the decision approving and main contents of the provincial environmental protection planning on its website and other forms within no more than thirty (30) working days from the date of issuance.

Chapter III

STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 8. Implementation of Strategic Environmental Assessment

1. Objects specified in Appendix I of this Decree must implement strategic environmental assessment.

2. Agencies assigned the task of building strategies, plans, and programs as stipulated in Clause 1 of this Article shall be responsible for:

a) Conducting or hiring consulting organizations to conduct strategic environmental assessment according to Articles 14 and 15 of the Law on Environmental Protection;

b) Submitting the dossier requesting review of the strategic environmental assessment report to the agency responsible for organizing the review of the strategic environmental assessment report (determined based on the approval authority of the strategy, plan, program) as stipulated in Clause 1 of Article 16 of the Law on Environmental Protection.

3. Consulting organizations conducting strategic environmental assessment shall bear responsibility before the agency building the strategy, plan, program and before the law regarding the results of the strategic environmental assessment, information and data created by themselves in the strategic environmental assessment report.

4. In cases where the strategy, plan, or program has been reviewed and adjusted by the competent authority without significantly increasing negative impacts on the environment, the agency assigned the task of preparing the adjustment dossier shall submit a report to the Ministry of Natural Resources and Environment requesting consideration instead of submitting the dossier requesting review of the strategic environmental assessment report.

5. The Ministry of Natural Resources and Environment shall provide detailed guidelines on the format of documents, materials, and dossiers for requesting review of the strategic environmental assessment report; develop and issue technical guidance for implementing strategic environmental assessment.

Article 9. Conditions for organizations implementing strategic environmental assessment

1. The agency assigned the task of building strategies, plans, and organizing consulting services when implementing strategic environmental assessment must ensure the following conditions:

a) Having staff conducting strategic environmental assessment meeting the conditions stipulated in Clause 2 of this Article;

b) Having laboratories and inspection equipment confirmed to be capable of performing measurements, sampling, processing, and analyzing environmental samples for strategic environmental assessment purposes; in cases where there are no laboratories and inspection equipment meeting the requirements, a contract must be made with a unit having sufficient capacity.

2. Staff conducting strategic environmental assessment must have a bachelor's degree or higher and must hold a certificate for strategic environmental assessment consultancy.

3. The Ministry of Natural Resources and Environment manages training and issuing certificates for strategic environmental assessment consultancy.

Article 10. Review of Strategic Environmental Assessment Report

1. The review of the strategic environmental assessment report shall be conducted through a review board established by the head of the agency responsible for reviewing the strategic environmental assessment report, with at least nine (09) members.

The composition of the review board includes the Chairman of the board, one (01) Deputy Chairman of the board if necessary, one (01) Secretary member, two (02) Reviewer members, and some other members, among which at least thirty percent (30%) of the board members must have five (05) years or more experience in the field of strategic environmental assessment.

2. The review board is responsible for examining the contents of the strategic environmental assessment report and providing review opinions. The Ministry of Natural Resources and Environment guides the activities of the review board.

3. The agency reviewing the strategic environmental assessment report may supplement the following activities:

a) Surveying the project implementation area and adjacent areas;

b) Verifying and evaluating information, data, analysis, assessment, and forecasting results in the strategic environmental assessment report;

c) Soliciting opinions from political and social organizations, social organizations, occupational social organizations, and related experts;

d) Organizing expert evaluation meetings on specific topics.

4. The reviewing agency is responsible for organizing the review and notifying the results to the agency requesting the review of the strategic environmental assessment report within the prescribed time limit as follows:

a) Not exceeding forty-five (45) working days from the date of receiving complete valid files for the strategic environmental assessment report of objects under items 1, 2, 3, 4, 5.1, and 6 of Appendix I of this Decree;

b) Not exceeding thirty (30) working days from the date of receiving complete valid files for the strategic environmental assessment report of objects under item 5.2 of Appendix I of this Decree.

Article 11. Report on the Results of Reviewing the Strategic Environmental Assessment Report

1. The agency reviewing the strategic environmental assessment report is responsible for reporting to the competent authority approving the strategy, plan about the results of reviewing the strategic environmental assessment report within a maximum of fifteen (15) working days from the date of receiving the completed strategic environmental assessment report submitted by the agency requesting the review of the strategic environmental assessment report based on research and consideration of the review board's opinions.

2. The reviewing and approving agencies for strategies, plans are responsible for comprehensively and objectively considering the opinions and recommendations of the agency reviewing the strategic environmental assessment report during the process of reviewing and approving the strategy, plan.

3. The report on the results of reviewing the strategic environmental assessment report must reflect the review process, achievements, and fundamental issues in the implementation of the strategic environmental assessment, as well as the recommendations of the agency reviewing the strategic environmental assessment report for the competent authority to consider and decide on the approval of the strategy, plan.

4. The report on the results of reviewing the strategic environmental assessment report serves as the basis for the competent authority to consider and approve the strategy, plan.

Chapter IV

ENVIRONMENTAL IMPACT ASSESSMENT

Article 12. Implementation of Environmental Impact Assessment

1. The objects required to implement environmental impact assessment are specified in Appendix II of this Decree.

2. The project owner of the objects stipulated in Clause 1 of this Article shall be responsible for conducting the environmental impact assessment themselves or hiring a consulting organization to conduct it in accordance with Article 19 of the Law on Environmental Protection; they shall bear legal responsibility for the results of the environmental impact assessment and the information and data used in the environmental impact assessment report.

3. The consulting organization conducting the environmental impact assessment shall be responsible to the project owner and before the law for the results of the environmental impact assessment and the information and data created by itself in the environmental impact assessment report.

4. During the implementation of the environmental impact assessment, the project owner must consult the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) where the project is implemented, organizations and communities directly affected by the project; study and adopt objective opinions and reasonable recommendations from related entities consulted to minimize the adverse impacts of the project on the natural environment and community health.

5. The consultation of opinions from the People's Committee of the commune where the project is implemented and organizations directly affected by the project shall be carried out according to the following procedures:

a) The project owner sends the environmental impact assessment report of the project to the People's Committee of the commune where the project is implemented and organizations directly affected by the project along with a document requesting comments.

b) The People's Committee of the commune where the project is implemented and organizations directly affected by the project shall provide feedback in writing within a maximum of fifteen (15) working days from the date of receipt of the project owner's document, or may not need to provide a written response in cases of approval for the project implementation.

6. The consultation of the community directly affected by the project shall be conducted in the form of a community meeting co-hosted by the project owner and the People's Committee of the commune where the project is implemented, with the participation of representatives from the United Front Organization at the commune level, political and social organizations, occupational social organizations, neighborhood associations, villages, and hamlets summoned by the People's Committee of the commune. Opinions of the participants in the meeting must be fully and truthfully reflected in the minutes of the community meeting.

7. The Ministry of Natural Resources and Environment shall provide detailed guidance on the forms and documents of the application dossier for the review of the environmental impact assessment report; develop and issue technical guidelines for preparing specialized environmental impact assessment reports.

Article 13. Conditions for Organizations Conducting Environmental Impact Assessments

1. When implementing environmental impact assessments, the project owner and consulting organizations must meet the following conditions:

a) Having staff conducting environmental impact assessments that meet the conditions stipulated in Clause 2 of this Article;

b) Having specialized staff related to the project with a bachelor's degree or higher;

c) Having laboratories and testing equipment certified to have the necessary conditions for measurement, sampling, processing, and analysis of environmental samples for the purpose of assessing the environmental impact of the project; in cases where there are no laboratories and testing equipment that meet the requirements, a contract must be made with a unit having sufficient capacity.

2. Staff conducting environmental impact assessments must have a bachelor's degree or higher and must hold a valid environmental impact assessment consultancy certificate in the relevant field.

3. The Ministry of Natural Resources and Environment shall manage training and issuance of environmental impact assessment consultancy certificates.

Article 14. Review and Approval of Environmental Impact Assessment Reports

1. The authority to organize the review of environmental impact assessment reports is stipulated as follows:

a) The Ministry of Natural Resources and Environment shall organize the review and approval of environmental impact assessment reports for projects listed in Appendix III of this Decree, except for projects involving national defense and security secrets;

b) Ministries and ministerial-level agencies shall organize the review and approval of environmental impact assessment reports for projects within their investment approval authority, except for projects listed in Appendix III of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security shall organize the review and approval of environmental impact assessment reports for projects involving national defense and security secrets and projects within their investment approval authority, except for projects listed in Appendix III of this Decree;

d) Provincial People's Committees shall organize the review and approval of environmental impact assessment reports for investment projects within their jurisdiction, except for projects specified in Points a, b, and c of this Clause.

2. The time limit for reviewing environmental impact assessment reports is stipulated as follows:

a) Not exceeding forty-five (45) working days from the date of receiving complete and valid documents for projects under the review authority of the Ministry of Natural Resources and Environment;

b) Not exceeding thirty (30) working days from the date of receiving complete and valid documents for projects not covered by Point a of this Clause;

c) Within the time limits set out in Points a and b of this Clause, the reviewing agency shall be responsible for notifying the project proponent in writing about the review results. The time taken by the project proponent to complete the environmental impact assessment report according to the reviewing agency's requirements is not included in the review period.

3. The review of environmental impact assessment reports shall be conducted through a review board established by the head or person in charge of the agency tasked with reviewing the environmental impact assessment report (hereinafter referred to as the reviewing agency), consisting of at least seven (7) members.

The composition of the review board includes the Chairman of the board, one (1) Vice-Chairman if necessary, one (1) Secretary member, two (2) opposing members, and some other members, among whom at least thirty percent (30%) of the board members must have at least seven (7) years of experience in the field of environmental impact assessment.

4. The review board is responsible for examining the contents of the environmental impact assessment report and providing review opinions as a basis for the reviewing agency to consider and decide on the approval of the environmental impact assessment report. The Ministry of Natural Resources and Environment shall guide the operation of the review board.

5. The review of environmental impact assessment reports for projects aimed at timely response to natural disasters and epidemics may be carried out through soliciting opinions from relevant agencies and organizations without necessarily going through the review board.

6. The Ministry of Natural Resources and Environment shall guide provincial people's committees in delegating the authority to review and approve environmental impact assessment reports to industrial park management boards based on considering the proposals of provincial people's committees and evaluating the capacity of each industrial park management board; provide detailed guidelines on forms and related documents for the review, approval, and confirmation of environmental impact assessment reports.

Article 15. Re-preparation of Environmental Impact Assessment Report

1. In cases where a project has been approved for an Environmental Impact Assessment Report but during implementation, any of the following changes occur, a new Environmental Impact Assessment Report must be prepared:

a) Changes as stipulated in Points a and b of Clause 1, Article 20 of the Law on Environmental Protection;

b) Additional investment items with scale and capacity equivalent to those listed in Appendix II of this Decree;

c) Changes in scale, capacity, technology, or other changes leading to environmental protection facilities being unable to handle increased environmental issues;

d) At the request of the project proponent.

2. The project proponent may only implement the changes specified in Points a, b, c, and d of Clause 1 of this Article after the competent authority re-approves the Environmental Impact Assessment Report.

3. The re-preparation, review, and re-approval of the Environmental Impact Assessment Report shall be carried out in accordance with Articles 12, 13, and 14 of this Decree.

Article 16. Responsibilities of the Project Proponent after the Environmental Impact Assessment Report is Approved

1. If necessary, adjust the content of the investment project to ensure that environmental protection measures and facilities comply with the requirements set forth in the decision approving the Environmental Impact Assessment Report.

2. Develop an environmental management plan for the project based on the environmental management and monitoring program proposed in the Environmental Impact Assessment Report and publicly display it at the People's Committee office of the commune where public consultation was conducted during the environmental impact assessment process, in accordance with guidelines issued by the Ministry of Natural Resources and Environment.

3. Strictly comply with the requirements stipulated in Articles 26 and 27 of the Law on Environmental Protection.

4. Notify in writing the organizations conducting consultations and the agency that approved the Environmental Impact Assessment Report about the trial operation plan for waste treatment facilities serving the operational phase (either phased or the entire project) at least ten (10) working days before the trial operation begins. The trial operation period shall not exceed six (06) months; any extension of the trial operation period must be approved by the agency that approved the Environmental Impact Assessment Report.

5. Prepare, approve, and implement a reservoir cleaning plan prior to water impoundment in cases where the project includes construction of irrigation dams or hydropower dams; water impoundment can only proceed after approval by the agency that approved the Environmental Impact Assessment Report.

6. For cases specified in Column 4 of Appendix II of this Decree, the project proponent must report on the completion of environmental protection facilities serving the operational phase of the project based on the approved Environmental Impact Assessment Report and any approved adjustment requests (if applicable), to the agency that approved the Environmental Impact Assessment Report for verification and confirmation of completion before officially commencing operations. For projects with multiple phases, reporting on the completion of environmental protection facilities serving the operational phase of the project shall be done according to each phase of the project.

7. Report in writing and only implement changes related to the scope, scale, capacity, production technology, and environmental protection facilities of the project after obtaining the approval of the agency that approved the Environmental Impact Assessment Report.

Article 17. Inspection and Confirmation of Environmental Protection Works for Project Operation Phase

1. The inspection of environmental protection works serving the operation phase of the project shall be conducted through an inspection team established by the head of the agency approving the environmental impact assessment report or an authorized agency.

2. The deadline for issuing a completion confirmation certificate for environmental protection works is as follows:

a) Not exceeding fifteen (15) working days from the date of receiving the report on the results of implementing environmental protection works serving the project's operation phase, in cases where there is no need to collect samples and analyze environmental indicators for verification;

b) Not exceeding thirty (30) working days from the date of receiving the report on the results of implementing environmental protection works serving the project's operation phase, in cases where it is necessary to collect samples and analyze environmental indicators for verification.

3. Within the deadlines specified in Clause 2 of this Article, the agency approving the environmental impact assessment report or the authorized agency shall be responsible for issuing a completion confirmation certificate for environmental protection works serving the project's operation phase; if not issued, a written opinion stating the reasons must be provided.

4. The Ministry of Natural Resources and Environment shall provide detailed guidance on the report on the results of implementing environmental protection works; the organization and activities of the inspection team; and the forms of related documents for inspection and completion confirmation of environmental protection works.

Chapter V

ENVIRONMENTAL PROTECTION PLAN

Article 18. Registration of Environmental Protection Plans

1. The subjects required to register environmental protection plans are as follows:

a) New investment projects, expansion of scale, and increased capacity of production, business, and service establishments not falling under the categories specified in Appendix II of this Decree;

b) Investment plans for production, business, and services; expansion plans for scale and increased capacity of production, business, and service establishments not falling under the categories specified in Clause 4 of this Article, and also not listed in Appendix II of this Decree.

2. The project owner or establishment owner of the subjects specified in Clause 1 of this Article must register the environmental protection plan with the competent authority as stipulated in Clause 1 of Article 19 of this Decree.

3. In cases where the project or investment plan for production, business, and services spans two (02) provinces or more, the registration of the environmental protection plan shall be carried out at one of the provincial People's Committees according to the proposal of the project owner or establishment owner.

4. Subjects specified in Appendix IV of this Decree are exempt from registering environmental protection plans.

Article 19. Confirmation of Environmental Protection Plans

1. Responsibilities for confirming environmental protection plans are as follows:

a) Provincial specialized agencies on environmental protection shall confirm environmental protection plans for the subjects specified in Clause 1 of Article 32 of the Environmental Protection Law;

b) District People's Committees shall confirm environmental protection plans for the subjects specified in Clause 1 of this Article, except for those specified in Point a of this Clause;

c) Commune People's Committees shall confirm environmental protection plans for household-scale investment plans for production, business, and services authorized in writing by the District People's Committee;

d) Management boards of industrial zones, export processing zones, and economic zones shall implement confirmation of environmental protection plans for investment projects and investment plans for production, business, and services within these zones when authorized by competent authorities.

2. The deadline for confirming the registration of environmental protection plans is as stipulated in Clause 3 of Article 32 of the Environmental Protection Law.

3. Subjects specified in Clause 1 of Article 18 of this Decree may only proceed with implementation after obtaining confirmation of their environmental protection plan from the competent authority.

4. Responsibilities of the project owner, establishment owner, and state agencies after the environmental protection plan has been confirmed are stipulated in Articles 33 and 34 of the Environmental Protection Law.

5. The Ministry of Natural Resources and Environment shall provide detailed guidance on the forms of the registration dossier for environmental protection plans and the delegation of confirmation authority to management boards of industrial zones, export processing zones, and economic zones.

Chapter VI

IMPLEMENTATION

Article 20. Financial regime for environmental planning work, strategic environmental assessment, environmental impact assessment, environmental protection plan, and environmental protection project proposal

1. Costs for constructing, reviewing, and publishing environmental protection plans shall be guaranteed from the environmental public service budget or other sources if available.

2. The financial regime for strategic environmental assessment work is stipulated as follows:

a) Costs for implementing strategic environmental assessments shall be allocated within the budget for building strategies, plans, and programs, which are guaranteed from the economic public service budget or other sources if available;

b) Costs for activities related to reviewing strategic environmental assessment reports shall be guaranteed from the environmental public service budget.

3. The financial regime for environmental impact assessment activities is stipulated as follows:

a) Costs for implementing environmental impact assessments shall be allocated from the project investment capital;

b) Costs for activities related to reviewing environmental impact assessment reports shall be allocated from the fees collected for reviewing environmental impact assessment reports;

c) Costs for activities related to inspecting environmental protection facilities during the operation phase of projects shall be taken from the environmental public service budget.

4. The financial regime for establishing and confirming environmental protection plans is stipulated as follows:

a) Costs for establishing environmental protection plans shall be allocated from the project investment capital, production and business plans, or services;

b) Costs for activities related to confirming environmental protection plans shall be allocated from the environmental public service budget.

5. The financial regime for establishing, reviewing, approving, and inspecting the completion of detailed environmental protection project proposals; establishing and inspecting the implementation of simple environmental protection project proposals is stipulated as follows:

a) Costs for establishing detailed and simple environmental protection project proposals shall be allocated from the capital of the project owner or facility owner;

b) Project owners or facility owners who have not paid the fee for reviewing environmental impact assessment reports must pay the cost equivalent to the review fee for detailed environmental protection project proposals to the agency directly responsible for the review task; the collection, payment, and management of the review fee for detailed environmental protection project proposals shall be implemented similarly to the review fee for environmental impact assessment reports;

c) Costs for activities related to inspecting the completion of detailed environmental protection project proposals shall be guaranteed from the environmental public service budget.

Responsibilities for guidance:

a) The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide Clauses 1, Clause 2, Points b and c of Clause 3, Point b of Clause 4, and Points b and c of Clause 5 of this Article;

b) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Planning and Investment to guide Point a of Clause 3 and Point a of Clause 4 of this Article for projects using state budget funds.

Article 21. Reporting System

1. The People's Committee at the district level shall submit a report to the People's Committee at the provincial level before January 1 each year on the registration and inspection activities of the implementation of environmental protection plans in the previous year under their jurisdiction.

2. The People's Committee at the provincial level shall submit a report to the Ministry of Natural Resources and Environment before January 15 each year on the review activities of strategic environmental assessment reports; the review and approval activities of environmental impact assessment reports; the registration and inspection activities of the implementation of detailed environmental protection plans; the inspection and confirmation activities of environmental protection facilities in the previous year under their jurisdiction.

3. Ministries and agencies at the ministerial level shall submit a report to the Ministry of Natural Resources and Environment before January 15 each year on the review activities of strategic environmental assessment reports; the review and approval activities of environmental impact assessment reports and detailed environmental protection project proposals; the inspection and confirmation activities of environmental protection facilities in the previous year for projects under their management authority.

4. The Ministry of Natural Resources and Environment shall specify the contents and formats of the reports stipulated in Clauses 1, Clause 2, and Clause 3 of this Article.

Chapter VII

IMPLEMENTING PROVISIONS

Article 22. Transitional provisions

1. Environmental Strategic Assessment Reports; Environmental Impact Assessment Reports; Reports on the results of implementing environmental protection measures and facilities serving the operation phase of projects; Commitment Registration Forms for Environmental Protection; Detailed Environmental Protection Project Proposals that were accepted by competent authorities before the effective date of this Decree shall continue to be considered and resolved according to the provisions of the law at the time of acceptance.

2. Production, business, and service entities that have officially commenced operations but do not have decisions approving environmental impact assessment reports; certificates confirming the registration of commitment forms for environmental protection according to the law before the effective date of this Decree must implement one of the following two remedial measures within thirty-six (36) months from the date of the Decree's enforcement:

a) Establish detailed environmental protection project proposals for facilities with scale and nature equivalent to those required to prepare environmental impact assessment reports under this Decree and submit them to the competent authority specified in Clause 1 of Article 14 of this Decree for organization of review and approval of detailed environmental protection project proposals;

b) Establish simple environmental protection project proposals for facilities with scale and nature equivalent to those required to register commitment forms for environmental protection under Clause 1 of Article 18 of this Decree and submit them to the competent authority specified in Clause 1 of Article 19 for registration.

3. The Ministry of Natural Resources and Environment shall provide detailed guidance on the establishment, review, and approval of detailed environmental protection project proposals and the establishment and registration of simple environmental protection project proposals.

Article 23. Effectiveness of Implementation

1. This Decree takes effect from April 1, 2015.

2. The Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment, and the Decree No. 35/2014/NĐ-CP dated April 29, 2014 of the Government amending and supplementing certain articles of the Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment shall cease to be effective from the date this Decree takes effect.

Article 24. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall be responsible for guiding and organizing the implementation of this Decree.

2. The Minister, the Heads of ministerial-level agencies, the Heads of government-affiliated agencies, and the Chairpersons of all levels of People's Committees shall be responsible for implementing this Decree.