Decree No. 21/2008/ND-CP Amending and Supplementing Certain Provisions of Decree No. 80/2006/ND-CP dated August 9, 2006, of the Government on Detailed Regulations and Guidance for Implementation of Certain Articles of the Law on Environmental Protection.

DECREE

Regarding amendments and supplements to certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006, of the Government on detailed regulations and guidance for implementation of certain provisions of the Law on Environmental Protection

THE GOVERNMENT

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

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006, of the Government on detailed regulations and guidance for implementation of certain provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 80/2006/NĐ-CP)

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Transitional Provisions, Review, and Conversion of Environmental Standards into Technical Regulations on the Environment

1. National mandatory environmental standards shall be converted into technical regulations on the environment according to the following provisions:

a) Environmental quality standards shall be converted into technical regulations on environmental quality;

b) Emission standards shall be converted into technical regulations on emissions.

2. The Ministry of Natural Resources and Environment shall be responsible for reviewing and converting national environmental quality standards and national emission standards issued before January 1, 2007, into national technical regulations on environmental quality and national technical regulations on emissions.

3. The review and conversion of environmental quality standards and emission standards into technical regulations on environmental quality and technical regulations on emissions shall be carried out in accordance with the laws on standards and technical regulations."

2. Amending and supplementing Clause 5 as follows:

"Article 5. Responsibilities, Procedures, and Formalities for Drafting, Issuing, and Implementing Technical Regulations on the Environment

1. The Ministry of Natural Resources and Environment shall draft and issue national technical regulations on environmental quality, national technical regulations on emissions, and specify the implementation timeline and application coefficients for national technical regulations on emissions by region, area, and industry.

2. Provincial People's Committees and Municipal People's Committees under the Central Government shall draft and issue local technical regulations on emissions that are stricter than national technical regulations on emissions and apply them according to the regional, area, and industry implementation timelines and coefficients specified in the decision promulgating national technical regulations on emissions.

Local technical regulations on emissions must be stricter than national technical regulations on emissions and shall be applied according to the regional, area, and industry implementation timelines and coefficients specified in the decision promulgating national technical regulations on emissions.

3. The procedures and formalities for drafting, reviewing, and issuing technical regulations on the environment shall be carried out in accordance with the laws on standards and technical regulations.

4. Organizations and individuals have the obligation to comply with technical regulations on environmental quality and technical regulations on emissions issued by competent state agencies."

3. Amending and supplementing Clause 1 of Article 6 as follows:

"1. Replacing the list of projects required to prepare an Environmental Impact Assessment Report as stipulated in Appendix I attached to Decree No. 80/2006/NĐ-CP with the list provided in the Appendix attached to this Decree.

For projects required to prepare an Environmental Impact Assessment Report that arise outside the list provided in the Appendix attached to this Decree, the Minister of Natural Resources and Environment shall examine and decide, and report to the Prime Minister."

4. Add Article 6a as follows:

"Article 6a. Soliciting Opinions from Commune People's Committees, Ward People's Committees, Town People's Committees, and Community Representatives During the Preparation of an Environmental Impact Assessment Report

1. The People's Committee of the United Front Organization at the commune, ward, or town level (hereinafter referred to as the United Front Organization at the commune level) shall represent the community in providing opinions during the preparation of an Environmental Impact Assessment Report for investment projects within their jurisdiction.

2. The project proponent shall send a notification letter regarding the main investment components, environmental issues, and environmental protection measures of the project, and request the People's Committee and the United Front Organization at the commune level where the project will be implemented to provide opinions.

3. Within fifteen working days from the date of receipt of the notification letter requesting opinions, the People's Committee and the United Front Organization at the commune level shall be responsible for replying to the project proponent in writing with their opinions and publicly announcing them so that the public can be informed.

If no reply is received beyond the above time limit, it shall be deemed that the commune-level People's Committee and the community representatives agree with the project proponent.

4. Investment projects listed below are not required to solicit opinions from the commune-level People's Committee and community representatives during the preparation of an Environmental Impact Assessment Report:

a) Investment projects located within industrial zones, export processing zones, high-tech parks, provided that the construction infrastructure projects of such industrial zones, export processing zones, and high-tech parks have been approved by competent state management agencies through an Environmental Impact Assessment Report.

In cases where the Environmental Impact Assessment Report for the construction infrastructure projects of industrial zones, export processing zones, and high-tech parks was approved after July 1, 2006, it must be reviewed and confirmed by the competent state agency on environmental protection in accordance with the law to ensure that all environmental protection contents specified in the Decision approving the Environmental Impact Assessment Report have been fully implemented.

b) Projects on the sea where the administrative management responsibility of the commune-level People's Committee cannot be determined to solicit opinions during the preparation of an Environmental Impact Assessment Report;

c) Investment projects related to national security and defense involving state secrets."

5. Amend and supplement Article 11 as follows:

"Article 11. Review and Approval of Environmental Impact Assessment Reports

1. The People's Committee of the province or centrally-administered city (hereinafter referred to as the provincial People's Committee) shall organize a review board or delegate the competent specialized agency on environmental protection at the same level to organize a review board or select a service provider to review the Environmental Impact Assessment Report of investment projects within its jurisdiction, except for projects specified in point a and point b of Clause 7, Article 21 of the Law on Environmental Protection.

2. The timing for submitting the Environmental Impact Assessment Report for review and approval is as follows:

a) The project proponent for mineral exploitation projects shall submit the Environmental Impact Assessment Report for review and approval before applying for a mineral exploitation permit.

b) The project investor who constructs a construction project or has a construction component of a project shall submit an environmental impact assessment report for review and approval before applying for a construction permit, except for projects specified in point a of this clause;

c) Investors of projects not falling within the categories prescribed in points a and b of this clause shall submit an environmental impact assessment report for review and approval before commencing the project;

3. The review council or service organization with advisory functions shall assist the competent authority in examining and evaluating the quality of the environmental impact assessment report to serve as the basis for approval in accordance with regulations;

4. In cases where necessary, prior to holding the formal meeting of the review council, the agency responsible for organizing the review may conduct supporting activities as follows:

a) Surveying the project implementation site and adjacent areas;

b) Collecting samples for analysis and verification;

c) Soliciting opinions from the local community where the project is implemented;

d) Soliciting critical opinions from experts outside the review council, scientific and technological agencies, social organizations, professional associations, and related non-governmental organizations;

đ) Organizing specialized evaluation sessions;

5. The Ministry of Natural Resources and Environment shall stipulate the activities of the review council and service organizations reviewing environmental impact assessment reports;

6. Amend point b of Clause 1 of Article 13 as follows:

"b) After twenty-four (24) months from the date the environmental impact assessment report is approved, the project may be implemented.

If there is no change in design capacity, technology, and surrounding environment, an additional environmental impact assessment report need not be prepared, but a written explanation must be provided to the approving authority";

7. Amending and supplementing Article 17 as follows:

"Article 17. Registration and Confirmation of Environmental Protection Commitment

1. The time for registering and confirming the environmental protection commitment is regulated as follows:

a) The investor of a mineral exploitation project shall register the environmental protection commitment to be confirmed before applying for a Mineral Exploitation Permit;

b) The investor of a construction project or having construction components of a project shall register the environmental protection commitment to be confirmed before applying for a Construction Permit, except for projects specified in point a of this clause;

c) Investors of projects not falling within the categories prescribed in points a and b of this clause shall register the environmental protection commitment to be confirmed before commencing the project;

2. For projects registered on the territory of two (2) districts, towns, cities directly under provinces (hereinafter referred to collectively as districts) or more, the registration of the environmental protection commitment shall be regulated as follows:

a) The project investor shall register the environmental protection commitment at the People's Committee of the district where the environment is most adversely affected by the project;

In case the project adversely affects the environment of several regions equally, the investor may choose one of these regions to register the environmental protection commitment;

b) The People's Committee of the district where the investor registers the environmental protection commitment shall be responsible for organizing the solicitation of opinions from the People's Committees of relevant districts before confirming the environmental protection commitment and informing these regions of their confirmation;

3. For projects in marine areas where the administrative management responsibility of the district People's Committee cannot be determined, the investor shall register the environmental protection commitment at the People's Committee of the district where waste disposal is registered;

In case the project in marine areas cannot determine the administrative management responsibility of the district People's Committee and does not generate waste, it is not required to register the environmental protection commitment;

4. The Ministry of Natural Resources and Environment shall guide the form and content of the certificate confirming the environmental protection commitment";

8. Supplement Article 17a as follows:

"Article 17a. Review and Approval of Environmental Impact Assessment Reports and Confirmation of Environmental Protection Commitments for Investment Projects in Economic Zones, Industrial Parks, Export Processing Zones, and High-Tech Zones

1. The competent state agency authorized to organize the review and approval of environmental impact assessment reports and confirmation of environmental protection commitments may delegate such authority to the Management Board of economic zones to review and approve environmental impact assessment reports and confirm environmental protection commitments for investment projects in economic zones if the Management Board has a specialized organization or department for environmental protection;

2. The competent state agency authorized to organize the review and approval of environmental impact assessment reports and confirmation of environmental protection commitments may delegate such authority to the Management Boards of industrial parks, export processing zones, and high-tech zones to review and approve environmental impact assessment reports and confirm environmental protection commitments for investment projects in these zones if the following conditions are met:

a) The Management Board has a specialized organization or department for environmental protection;

b) The construction infrastructure project of the industrial park, export processing zone, or high-tech zone has been approved for its environmental impact assessment report;

If the environmental impact assessment report of the construction infrastructure project of the industrial park, export processing zone, or high-tech zone was approved after July 1, 2006, it must be verified and confirmed by the competent state management agency that all environmental protection contents stated in the Decision on Approval and the environmental impact assessment report have been fully and properly implemented;

3. The Management Board of economic zones, industrial parks, export processing zones, and high-tech zones delegated such authority shall be responsible for submitting the results of the review and approval of environmental impact assessment reports to the provincial-level specialized environmental protection agency, and the results of confirming the environmental protection commitment to the district-level specialized environmental protection agency where the economic zone, industrial park, export processing zone, or high-tech zone is located";

9. Supplement Article 17b as follows:

"Article 17b. Establishment, approval of environmental protection plans and inspection, supervision of environmental protection for concentrated production, business, service areas and production, business, service facilities that were operating before July 1, 2006 without a decision approving an environmental impact assessment report or a certificate confirming compliance with environmental standards

1. The owner of a concentrated production, business, service area and the owner of a production, business, service facility that was operating before July 1, 2006 without a decision approving an environmental impact assessment report or a certificate confirming compliance with environmental standards shall establish an environmental protection plan to be submitted to the state management agency on environmental protection specified in Clause 2 of this Article for approval or confirmation before June 30, 2008.

2. The responsibilities for approving, confirming environmental protection plans and inspecting, supervising environmental protection of the objects specified in Clause 1 of this Article are as follows:

a) The provincial specialized agency on environmental protection shall approve the environmental protection plan and inspect, supervise the implementation of environmental protection for concentrated production, business, service areas and production, business, service facilities corresponding in nature and scale to those required to prepare an environmental impact assessment report;

The provincial specialized agency on environmental protection in the locality most adversely affected by the concentrated production, business, service area and production, business, service facility shall organize the solicitation of opinions from the provincial specialized agencies on environmental protection of related localities before approving the environmental protection plan for cases where the concentrated production, business, service area and production, business, service facility are located in two (2) provinces or centrally-administered cities or more.

b) The district specialized agency on environmental protection shall confirm the environmental protection plan and inspect, supervise the implementation of environmental protection for concentrated production, business, service areas and production, business, service facilities within its jurisdiction except for those specified in point a of this clause.

The district specialized agency on environmental protection in the locality most adversely affected by the concentrated production, business, service area and production, business, service facility shall organize the solicitation of opinions from the district specialized agencies on environmental protection of related localities before approving the environmental protection plan for cases where the concentrated production, business, service area and production, business, service facility are located in two (2) districts, towns, urban districts, or centrally-administered cities or more.

3. The environmental protection plan for concentrated production, business, service areas and production, business, service facilities corresponding in nature and scale to those required to prepare an environmental impact assessment report shall include the following main contents:

a) An overview of the scale, characteristics, and major activities of the concentrated production, business, service area and production, business, service facility related to the environment;

b) A general view of the natural, economic, social, and environmental conditions related;

c) The current status of the environment in the area directly adversely affected by the operation of the concentrated production, business, service area and production, business, service facility;

d) Statistics and evaluation of sources of adverse impacts on the environment;

đ) Overall solutions, environmental protection works, and implementation plans.

4. The environmental protection plan for concentrated production, business, service areas and production, business, service facilities corresponding in nature and scale to those required to prepare an environmental commitment report shall include the following main contents:

a) Statistics and evaluation of major pollutants;

b) Solutions, environmental protection works, and implementation plans.

5. The Ministry of Natural Resources and Environment shall guide the establishment, approval, or confirmation of environmental protection plans for the objects specified in Clause 1 of this Article.

10. Supplement Article 17c as follows:

"Article 17c. Management of files, inspection, supervision of the implementation of environmental protection for concentrated production, business, service areas and production, business, service facilities that have been issued a certificate confirming compliance with environmental standards before July 1, 2006

1. The provincial specialized agency on environmental protection shall manage the files confirming compliance with environmental standards and inspect, supervise the implementation of environmental protection for concentrated production, business, service areas and production, business, service facilities within its jurisdiction corresponding in nature and scale to those required to prepare an environmental impact assessment report.

2. The People's Committee at the district level shall manage the files confirming compliance with environmental standards and inspect, supervise the implementation of environmental protection for concentrated production, business, service areas and production, business, service facilities within its jurisdiction not falling under the objects specified in Clause 1 of this Article.

3. State management agencies on environmental protection at all levels shall transfer the files confirming compliance with environmental standards of concentrated production, business, service areas and production, business, service facilities currently held to the agencies assigned the responsibility to manage such files as specified in Clauses 1 and 2 of this Article before June 30, 2008."

11. Supplement Article 17d as follows:

"Article 17d. Provisions on environmental protection for investment projects, concentrated production, business, service areas, and production, business, service facilities in the field of security and national defense

1. Investment projects, concentrated production, business, service areas, and production, business, service facilities in the field of security and national defense must comply with environmental protection requirements and procedures as prescribed by laws on environmental protection.

2. The Ministry of Public Security and the Ministry of National Defense shall guide the responsibilities for reviewing, approving environmental impact assessment reports, confirming environmental protection commitment statements for investment projects, and inspecting and supervising environmental protection activities in production, business, and service areas and facilities within the security and defense sectors.

12. Supplement Article 21a as follows:

"Article 21a. Provisions on Discharging Waste into the Sea

1. It is strictly prohibited to discharge hazardous waste into the waters of the Socialist Republic of Vietnam.

2. It is forbidden to discharge any type of waste into the sea within natural conservation zones, natural heritage sites, areas with newly formed natural ecosystems, and regions where aquatic species reproduce regularly or seasonally.

3. Common waste from transportation vessels and offshore drilling platforms that have been treated to meet technical standards for waste may be discharged into the sea, except for the areas specified in Clause 2 of this Article.

4. Discharging solid waste from land that has been treated according to legal regulations, and waste from dredging and channel maintenance activities into the sea must be approved by provincial environmental protection authorities.

13. Amend and supplement Clause 3 of Article 22 as follows:

"3. The Ministry of Natural Resources and Environment shall guide the inspection, evaluation, and review of waste treatment equipment and facilities before they are put into operation."

14. Supplement Article 23a as follows:

"The Ministry of Natural Resources and Environment shall guide the development of integrated environmental planning with land use planning, socio-economic development planning, and sectoral development planning."

Article 2. Implementation Provisions

1. This Decree takes effect fifteen days after its publication in the Official Gazette.

2. Applications received before this Decree takes effect shall be processed in accordance with the provisions of Decree No. 80/2006/NĐ-CP.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.