Decision No. 1806/QD-MT on the issuance of regulations on the organization and operation of the Environmental Impact Assessment Report Review Board and issuance of environmental permits

Pursuant to …;

Regarding the issuance of the regulations on the organization and operation of the Environmental Impact Assessment Report Review Board and the issuance of environmental permits

MINISTER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

Pursuant to Decree No. 22-CP dated May 22, 1993 of the Government on the tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment;

Pursuant to Article 17 and Article 18 on the review of environmental impact assessment reports of facilities that have been operating before the promulgation of the Law on Environmental Protection and of development projects, and pursuant to Article 37 and Article 38 on state management of environmental protection and state management agencies for environmental protection;

Pursuant to the Government's Decree No. 175-CP dated October 18, 1994 guiding the implementation of the Law on Environmental Protection.

Pursuant to …;

Article 1. Now hereby promulgating with this Decision the Regulations on the organization and operation of the Environmental Impact Assessment Report Review Board and the issuance of environmental permits.

Article 2.

The objects affected by these Regulations are projects, business establishments, production facilities, cultural-social institutions, health facilities, etc., as specified in Article 17, Article 18 of the Law on Environmental Protection and Articles 9, 11, 14, and 15 of Decree No. 175-CP.

Article 3. State management agencies for environmental protection, the entities mentioned in Article 2 of this Decision, and related agencies shall be responsible for implementing this Decision from the date of signature.

REGULATIONS

ORGANIZATION AND OPERATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT REVIEW BOARD AND ISSUANCE OF ENVIRONMENTAL PERMITS
(Issued together with Decision No. 1806/QĐ-MTg dated December 31, 1994 of the Minister of Science, Technology, and Environment)

- The review of environmental impact assessment reports is the responsibility of state management agencies for environmental protection as prescribed by law and only has legal validity when officially issued by the competent authority issuing permits.

- The Board established under these Regulations serves as an advisory body assisting the Minister of Science, Technology, and Environment or the Chairman of the People's Committee of provinces and centrally governed cities in considering scientific and technological aspects related to environmental protection as stipulated by the Law on Environmental Protection and Decree No. 175-CP.

Article 1. The competent authority issues the decision to establish the Board.

1.1. The Central-level Review Board is established by the Minister of Science, Technology, and Environment.

1.2. The provincial-level Review Board is established by the Chairman of the People's Committee of provinces and centrally governed cities.

Article 2. The composition of the Board includes scientists and managers with sufficient knowledge in technology and environment fields, and may include representatives of social organizations and local residents. The number of Board members does not exceed nine people, including one Chairperson (if necessary, there can be a Vice-Chairperson) and a Secretary, who is a member of the state management agency for environmental protection, to assist the Chairperson in preparing documents before, during, and after the Board's meetings and organizing meetings.

Article 3. Principles and procedures for the Board's operations:

The Board operates according to the regulations of an advisory body.

All opinions of Board members (including opposing views) are recorded in the minutes of the file submitted to the decision-making agency for consideration.

Article 4. Responsibilities and powers of the Board:

- Members of the Review Board have the right to provide necessary information materials related to the environmental impact assessment report and submit written comments to the Review Board.

- Board members have the right to question the project proponent or project leader directly or in writing regarding issues raised (through the Secretary or the Chairperson of the Review Board), as well as to question directly at meetings.

- Board members are responsible for keeping confidential all information and materials provided according to current laws and must return all provided materials after completing their tasks.

Article 5. A meeting of the Board is valid if more than two-thirds of the members present. Absent members have the right to submit evaluation opinions and votes (sent in sealed envelopes) directly to the Chairperson or Secretary of the Board, which will be read during the Review Board meeting.

In case of necessity, the Board may propose the establishment of a sub-board to assist in preparation and be considered preparatory work.

Article 6. After completion of the review, the Chairperson and Secretary of the Board prepare a report to submit to the Minister of Science, Technology, and Environment or the Chairman of the People's Committee of provinces and centrally governed cities for consideration of the Board's recommendations when issuing permits.

Article 7. Issuance of permits: the agency that establishes the Board is the agency that issues the permit.

- For the central level: the Minister of Science, Technology, and Environment issues the approval and issues the review permit.

- For the provincial level: the Chairman of the People's Committee of provinces and centrally governed cities issues the approval and issues the review permit.

Review permits should specify the time, content, and requirements for the project proponent to commit to implementing environmental issues proposed in the environmental impact assessment report and assign the supervising agency to monitor implementation.

Article 8. Board members and sub-Board members are entitled to remuneration according to the current state regulations.

Article 9. Upon completion of its tasks, the Board dissolves itself.