Circular No. 18/2016/TT-BNNPTNT on certain contents regarding strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development

CIRCULAR

Regulations on certain contents regarding strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development.

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Pursuant to the Environmental Protection Law No. 55/2014/QH13 dated June 23, 2014;

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government stipulating planning for environmental protection, strategic environmental assessment, environmental impact assessment, and environmental protection plans;

Pursuant to Circular No. 27/2015/TT-BTNMT dated May 29, 2015 of the Ministry of Natural Resources and Environment on strategic environmental assessment, environmental impact assessment, and environmental protection plans;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development issues this Circular regulating certain contents regarding strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the preparation, review, and approval of the outline for the strategic environmental assessment report (hereinafter referred to as the SEA report) for strategies, plans, and programs; the preparation, review, and approval of the outline for the environmental impact assessment report (hereinafter referred to as the EIA report) for projects; the review, approval, and solicitation of opinions on the SEA report and the EIA report.

2. This Circular applies to organizations and individuals related to strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry of Agriculture and Rural Development).

3. For project ODA environmental documents that must be approved by the Ministry of Agriculture and Rural Development, including the environmental assessment report, environmental and social management framework (ESMF), ethnic minority policy framework (EMPF), and environmental management plan (EMP), the Project Owner shall submit them to the Ministry of Agriculture and Rural Development (Department of Science, Technology and Environment) for review and approval in accordance with Articles 6, 7, 8, 9, 14, 15, and 17 of this Circular and other current regulations.

Article 2. Interpretation of Terms

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

1. The outline for the SEA report and the EIA report is a detailed description of the content, workload, and budget estimate for preparing the SEA report and the EIA report based on current financial regulations.

2. The planning agency is a unit directly under the Ministry of Agriculture and Rural Development assigned to prepare and manage planning, program, and strategy projects.

3. The project owner is an agency or unit assigned by the Ministry of Agriculture and Rural Development to manage projects.

4. The permanent reviewing agency is a state management agency assigned by the Ministry of Agriculture and Rural Development to receive files and organize reviews.

Article 3. Permanent Reviewing Agency

1. The Departments directly under the Ministry of Agriculture and Rural Development are the permanent reviewing agencies for the EIA reports of projects assigned by the Ministry of Agriculture and Rural Development to be the lead reviewing units for investment projects.

2. The Department of Science, Technology and Environment is the permanent reviewing agency for the SEA report and the EIA report managed by the Ministry of Agriculture and Rural Development (excluding the EIA report of projects specified in Clause 1 of this Article).

Chapter II

PREPARATION, REVIEW, AND APPROVAL OF THE OUTLINE FOR THE SEA REPORT AND THE EIA REPORT

Article 4. Time for Preparation of the Outline for the SEA Report and the EIA Report

1. The outline for the SEA report is carried out simultaneously with the time for preparing the strategic, planning, and program outlines.

2. The outline for the EIA report is carried out simultaneously with the time for preparing the investment project proposal (feasibility study report).

Article 5. Construction, review, and approval of the framework for preparing the Strategic Environmental Assessment report and the Environmental Impact Assessment report

1. Framework for preparing the Strategic Environmental Assessment report

The planning agency shall organize the construction, review, and approval of the framework for preparing the Strategic Environmental Assessment report according to the model prescribed in Appendix I and Appendix II issued together with this Circular and must seek written opinions from the Department of Science, Technology, and Environment before approving it.

2. Framework for preparing the Environmental Impact Assessment report

The project proponent shall organize the construction, review, and approval of the framework for preparing the Environmental Impact Assessment report according to the model prescribed in Appendix I and Appendix II issued together with this Circular and must seek written opinions from the competent authority responsible for reviewing the Environmental Impact Assessment report (as stipulated in Article 3 of this Circular) before approving it.

3. Within ten (10) working days from the date of approval of the framework, the planning agency and the project proponent shall send the decision on approval along with the framework to the Ministry of Agriculture and Rural Development (through the competent authority responsible for reviewing plans as stipulated in Article 3 of this Circular) for consolidation, monitoring, and inspection of implementation.

Chapter III

REVIEW AND SEEKING OPINIONS ON THE STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT

Section 1. REVIEW OF THE STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT WITHIN THE AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 6. Documents for requesting review of the Strategic Environmental Assessment report

The documents for requesting review of the Strategic Environmental Assessment report shall be submitted to the Department of Science, Technology, and Environment for implementation in accordance with Article 3 of Circular No. 27/2015/TT-BTNMT dated May 29, 2015, of the Ministry of Natural Resources and Environment regarding strategic environmental assessment, environmental impact assessment, and environmental protection plans (hereinafter referred to as Circular No. 27/2015/TT-BTNMT).

Article 7. Inspection of documents, review, and notification of results

1. Document review

a) In case the documents are valid, the Department of Science, Technology, and Environment shall submit to the Ministry for the establishment of a review board and organization of the review process;

b) In case the documents are invalid, within a maximum period of five (05) working days from the date of receipt of the documents, the Department of Science, Technology, and Environment shall notify in writing the planning agency to amend and supplement the documents.

2. The review board shall be established and operate in accordance with Chapter V of Circular No. 27/2015/TT-BTNMT.

3. Notification of review results

a) Within a period of five (05) working days from the end of the meeting of the review board, the Department of Science, Technology, and Environment shall notify the review results in writing to the planning agency, including cases where the review board does not approve the Strategic Environmental Assessment report;

b) After receiving the notification of the review results, the planning agency shall be responsible for incorporating the review comments and resubmitting them to the Department of Science, Technology, and Environment in accordance with Clause 1 of Article 5 of Circular No. 27/2015/TT-BTNMT;

c) Upon receiving the amended and supplemented Strategic Environmental Assessment report, the Department of Science, Technology, and Environment shall examine the report. If it does not meet the requirements, within a maximum period of three (03) working days from the date of receipt of the documents, the Department of Science, Technology, and Environment shall continue to issue a written request for the planning agency to further amend and complete the report.

Article 8. Report on the results of the review of the Strategic Environmental Assessment report and retention of documents

1. The Department of Science, Technology, and Environment shall report to the competent authority for approving strategies, plans, and programs on the results of the review of the Strategic Environmental Assessment report within a maximum period of fifteen (15) working days from the date of receipt of the completed Strategic Environmental Assessment report from the planning agency. The documents for reporting the results of the review include:

a) The report on the results of the review of the Strategic Environmental Assessment report prepared according to the model prescribed in Appendix 1.5 issued together with Circular No. 27/2015/TT-BTNMT;

b) One (01) copy of the written explanation of the incorporation of the review comments on the Strategic Environmental Assessment report by the planning agency.

2. Retention of documents at the Department of Science, Technology, and Environment includes:

a) Documents for requesting review;

b) Documents related to the review board;

c) Documents for reporting the results of the review.

Article 9. Contents of Expenditure for Environmental Impact Assessment Report Review Work

1. Expenditure for review work shall be implemented in accordance with current regulations.

2. The source of expenditure for review work shall be taken from the annual state budget for environmental affairs.

Section 2. SEEKING OPINIONS ON EIA REPORTS NOT WITHIN THE AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT TO REVIEW

Article 10. Documents for Seeking Opinions on EIA Reports

1. For EIA reports not within the authority of the Ministry of Agriculture and Rural Development to review (as stipulated in points a and c, Clause 1, Article 16 of the Law on Environmental Protection dated June 23, 2014), the planning agency must submit documents for seeking opinions on EIA reports (hereinafter referred to as "documents") directly or through postal service to the Department of Science, Technology and Environment for examination and provide written opinions before submitting to the competent authority for review.

2. The documents include:

a) The letter seeking opinions on EIA reports issued by the planning agency shall be carried out according to the model prescribed in Appendix III attached to this Circular;

b) One (01) copy of the EIA report bound into a volume with cover page, back cover, and structure and content requirements carried out according to the models prescribed in Appendices 1.2 and 1.3 issued together with Circular No. 27/2015/TT-BTNMT;

c) One (01) draft of the strategy, plan, or program.

Article 11. Procedures, Time Limits for Seeking Opinions and Submitting EIA Reports for Retention

1. After receiving the documents from the planning agency, the Department of Science, Technology and Environment will conduct a document check. In cases where the documents are incomplete or invalid, the Department of Science, Technology and Environment will notify the planning agency in writing within five (05) working days from the date of receipt of the documents to complete the documents.

2. If the documents are valid, the Department of Science, Technology and Environment will provide written opinions on the EIA report to the planning agency within seven (07) working days from the date of receipt of the documents. The opinion document on the EIA report shall be carried out according to the model prescribed in Appendix IV attached to this Circular.

3. In cases where the documents need to be revised or supplemented, the planning agency is responsible for organizing revisions or supplements according to the requirements stated in the opinion document of the Department of Science, Technology and Environment before submitting to the competent authority for review as stipulated in Clause 1, Article 16 of the Law on Environmental Protection dated June 23, 2014.

4. Within ten (10) working days from the date of the review results, the planning agency shall send copies of the review result report along with copies of the EIA report to the Department of Science, Technology and Environment for consolidation, tracking, and implementation verification.

Chapter IV

REVIEW, APPROVAL, SEEKING OPINIONS ON EIA REPORTS

Section 1. REVIEW OF EIA REPORTS WITHIN THE AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT TO REVIEW

Article 12. Documents for Requesting Review of EIA Reports

The project proponent shall prepare and submit documents requesting review of EIA reports directly or through postal service to the permanent review agency, which include:

1. The request for review of EIA reports carried out according to the model prescribed in Appendix 2.1 issued together with Circular No. 27/2015/TT-BTNMT.

2. Seven (07) copies of the EIA report of the project in Vietnamese. The cover page, back cover, structure, and content requirements of the EIA report shall be carried out according to the models prescribed in Appendices 2.2 and 2.3 issued together with Circular No. 27/2015/TT-BTNMT.

3. One (01) copy of the feasibility study report or investment project report or equivalent document.

Article 13. Inspection and notification regarding the dossier, fee collection

1. In cases where the dossier is incomplete or invalid, within five (05) working days from the date of receipt of the dossier, the permanent agency conducting the examination shall notify the Project Owner in writing to complete the dossier.

2. In cases where the dossier is valid, the permanent agency conducting the examination shall issue a written notice to the Project Owner to pay the examination fee. The level of examination fees shall be implemented according to current regulations.

Article 14. Organization of the Environmental Impact Assessment Report Examination Committee

1. The Examination Committee is established and operates in accordance with the provisions of Chapter V of Circular No. 27/2015/TT-BTNMT.

2. Within five (05) working days from the date of the last meeting of the Examination Committee, the permanent agency conducting the examination shall notify the Project Owner in writing about the examination results, including cases where the Examination Committee does not approve the Environmental Impact Assessment Report.

3. After receiving the examination result notification, the Project Owner shall complete the Environmental Impact Assessment Report in accordance with Clause 1, Article 9 of Circular No. 27/2015/TT-BTNMT and submit it to the permanent agency conducting the examination for approval of the Environmental Impact Assessment Report.

Article 15. Approval Authority, Certification, and Retention of Dossier

1. Approval Authority for the Environmental Impact Assessment Report

a) The Ministry of Agriculture and Rural Development approves the Environmental Impact Assessment Report examined primarily by the Department of Science, Technology, and Environment;

b) The General Administration approves the Environmental Impact Assessment Report examined primarily by the General Administrations.

2. Approval and Certification of the Environmental Impact Assessment Report

a) In cases where the Environmental Impact Assessment Report has been revised to meet requirements, the permanent agency conducting the examination shall submit it to the authority specified in Clause 1 of this Article for approval within fifteen (15) working days from the date of receipt of the valid dossier;

b) The head of the permanent agency conducting the examination shall certify after the cover page or back cover of the approved Environmental Impact Assessment Report according to the model prescribed in Appendix 2.8 issued together with Circular No. 27/2015/TT-BTNMT;

c) The submission of the certified Environmental Impact Assessment Report and the decision approving the Environmental Impact Assessment Report shall be carried out according to Clause 3, Article 9 of Circular No. 27/2015/TT-BTNMT within fifteen (15) working days from the date of approval of the Environmental Impact Assessment Report.

3. Retention of dossiers at the permanent agency conducting the examination includes:

a) Documents for requesting review;

b) Documents related to the review board;

c) The decision on approval and the original of the approved Environmental Impact Assessment Report.

Article 16. Contents of Expenditure for the Examination of the Environmental Impact Assessment Report

1. Expenditure for review work shall be implemented in accordance with current regulations.

2. The funds for the examination work are taken from the examination fee.

Article 17. Responsibilities of the Project Owner after the Environmental Impact Assessment Report is Approved

1. The Project Owner is responsible for implementing the contents stipulated in Article 16 of Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on environmental planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans (hereinafter referred to as Decree No. 18/2015/NĐ-CP) after the Environmental Impact Assessment Report is approved.

2. Inspect and confirm environmental protection works serving the operational phase in accordance with Article 17 of Decree No. 18/2015/NĐ-CP.

Section 2. SEEKING OPINIONS ON THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT NOT WITHIN THE AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT TO EXAMINE

Article 18. Dossier for Seeking Opinions on the Environmental Impact Assessment Report

1. For the Environmental Impact Assessment Report not within the examination authority of the Ministry of Agriculture and Rural Development (as prescribed in Appendix III of Decree No. 18/2015/NĐ-CP), the Project Owner shall directly send or send through postal service the dossier for seeking opinions on the Environmental Impact Assessment Report (hereinafter referred to as the dossier) to the Department of Science, Technology, and Environment for review and provide written comments before submitting to the authority with examination authority as stipulated in Clause 1, Article 14 of Decree No. 18/2015/NĐ-CP.

2. The documents include:

a) The Project Owner's letter seeking opinions on the Environmental Impact Assessment Report shall be implemented according to the model prescribed in Appendix III issued together with this Circular;

b) One (01) copy of the Environmental Impact Assessment Report of the project. Cover page and back cover format; structure and content requirements of the Environmental Impact Assessment Report shall be implemented according to the models prescribed in Appendices 2.2 and 2.3 issued together with Circular No. 27/2015/TT-BTNMT;

c) One (01) copy of the feasibility study report or investment project report or equivalent document.

Article 19. Procedures and time limits for soliciting opinions and retaining environmental impact assessment reports

1. After receiving the dossier from the Project Owner, the Department of Science, Technology and Environment shall conduct a review of the dossier. In cases where the dossier is incomplete or invalid, within five (05) working days from the date of receipt of the dossier, the Department of Science, Technology and Environment shall notify the Project Owner in writing to complete the dossier.

2. In cases where the dossier is valid, within seven (07) working days from the date of receipt of the dossier, the Department of Science, Technology and Environment shall provide written comments on the environmental impact assessment report to the Project Owner. The document providing comments on the environmental impact assessment report shall be carried out according to the model prescribed in Appendix IV issued together with this Circular.

3. In cases where the dossier requires revision and supplementation, the Project Owner shall be responsible for organizing the revision and supplementation in accordance with the requirements set forth in the written comments of the Department of Science, Technology and Environment before submitting to the competent authority for examination as stipulated in Clause 1, Article 14 of Decree No. 18/2015/NĐ-CP.

4. Within ten (10) working days from the date the environmental impact assessment report is approved, the Project Owner shall submit a copy of the approval decision along with a copy of the environmental impact assessment report to the Department of Science, Technology and Environment for consolidation, monitoring, and implementation verification.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 20. Implementation

1. The Department of Science, Technology and Environment shall be responsible for guiding, inspecting, and organizing the implementation of the provisions of this Circular; compiling and reporting the results and implementation status annually to the Minister of Agriculture and Rural Development for approval and submission to the Ministry of Natural Resources and Environment.

2. The General Departments shall be responsible for examining and reporting the results of the examination, and the results of using fees for the examination of environmental impact assessment reports to the Department of Science, Technology and Environment by December 25 each year.

Article 21. Implementation clause

1. This Circular takes effect from August 10, 2016, and replaces Circular No. 09/2014/TT-BNNPTNT dated March 26, 2014, of the Minister of Agriculture and Rural Development prescribing certain contents regarding strategic environmental assessments and environmental impact assessments under the management of the Ministry of Agriculture and Rural Development.

2. During the implementation process, if there are any difficulties, organizations and individuals shall promptly reflect them to the Ministry of Agriculture and Rural Development (through the Department of Science, Technology and Environment) for research and amendment./.