Circular No. 24/2010/TT-BXD guiding the organization and implementation of investment in constructing inter-provincial solid waste treatment zones.

CIRCULAR

Guidelines for organizing and implementing investment in construction of inter-provincial solid waste treatment zones

Inter-provincial solid waste treatment zone

_________________

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management;

Pursuant to the tasks assigned by the Prime Minister under Decision No. 1440/QĐ-TTg dated October 6, 2008 approving the planning for construction of inter-provincial solid waste treatment zones in the three key economic regions of Northern Vietnam, Central Vietnam, and Southern Vietnam until 2020,

The Ministry of Construction issues guidelines for organizing and implementing investment in construction of inter-provincial solid waste treatment zones as follows:

Article 1. Scope of Regulation

This Circular guides the organization and implementation of investment in construction of inter-provincial solid waste treatment zones (hereinafter referred to as the Treatment Zone) according to the approved planning for construction of solid waste treatment zones in key economic regions.

Article 2. Applicability

Organizations and individuals, both domestic and foreign, related to the organization and implementation of investment in construction of the Treatment Zone.

Article 3. Investment Preparation Board for the Inter-provincial Solid Waste Treatment Zone

1. Establishment of the Investment Preparation Board for the Inter-provincial Solid Waste Treatment Zone (hereinafter referred to as the Investment Preparation Board):

a) The People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee) where the Treatment Zone is located shall be responsible for deciding to establish the Investment Preparation Board or agree with the Provincial People's Committee having the largest proportion of solid waste treatment to decide to establish the Investment Preparation Board (hereinafter referred to as the Provincial People's Committee with the Investment Preparation Board). In specific cases, the Provincial People's Committee with the Investment Preparation Board may assign a subordinate unit to perform the duties of the Investment Preparation Board;

b) The People's Committees of provinces within the service area of the Treatment Zone shall send representatives to join the Investment Preparation Board at the request of the Provincial People's Committee with the Investment Preparation Board;

c) The Provincial People's Committee with the Investment Preparation Board shall issue regulations on the operation of the Investment Preparation Board after reaching consensus with the People's Committees of provinces within the service area of the Treatment Zone.

2. Tasks of the Investment Preparation Board:

a) Organize the preparation, review, and approval of the construction planning of the Treatment Zone in accordance with regulations; In cases where there is no construction planning for the Treatment Zone but an investor proposes an investment project, the Investment Preparation Board shall report to the Provincial People's Committee to assign the investor to organize the preparation of the construction planning for the Treatment Zone;

b) Develop plans and organize the selection of investors, negotiate, and prepare contracts for submission to the competent authority for signing investment construction contracts for the Treatment Zone;

c) Perform other tasks assigned.

3. Operating expenses of the Investment Preparation Board shall be allocated by the Provincial People's Committee with the Investment Preparation Board from state budget funds or other lawful sources.

Article 4. Preparation, Review, and Approval of Construction Planning for the Treatment Zone

1. The preparation, review, and approval of construction planning for the Treatment Zone shall comply with the guidelines set forth in Circular No. 13/2007/TT-BXD dated December 31, 2007 of the Ministry of Construction guiding certain provisions of Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management.

2. The Department of Construction in charge of the Treatment Zone shall organize the review of the construction planning for the Treatment Zone within its jurisdiction and submit it to the Provincial People's Committee for approval.

Article 5. Announcing the project list

1. Based on the approved planning for construction of the Treatment Zone and the solid waste treatment needs of provinces within the Treatment Zone, the provincial People's Committee with an Investment Preparation Board shall publicly announce through mass media the project list for the Treatment Zone to invite investors to participate in implementing the project, including mainly the following contents:

a) Location, boundaries, and area of land for constructing the Treatment Zone;

b) Anticipated treatment capacity;

c) Preliminary requirements for treatment technology;

d) Anticipated cost of solid waste treatment;

e) Conditions for participating in investment in the Treatment Zone;

g) Forms of investment;

h) Investment incentives;

i) Time for receiving application documents;

k) Other necessary information.

2. In case an investor proposes to implement the project, the project proposal must include the following main contents:

a) Form of investment, treatment capacity, and construction area of the Treatment Zone;

b) Treatment technology;

c) Anticipated cost of solid waste treatment;

d) Product consumption plan (if applicable);

đ) Land acquisition and clearance plan for the Treatment Zone (if applicable);

e) Anticipated construction and environmental standards;

g) Preliminary economic, social impact assessment, and environmental impact of the project;

h) Solutions for landscape recovery, environmental restoration, and reuse of the Treatment Zone site after cessation of operations;

i) Other proposals (if applicable);

k) Time and progress schedule.

Article 6. Preparing for Selection of Investors

1. Within thirty days from the date the provincial People's Committee with an Investment Preparation Board publicly announces the information according to Clause 1 of Article 5 of this Circular, if there are investors registering to participate, the Investment Preparation Board shall notify the investors and report to the provincial People's Committee with an Investment Preparation Board to organize the selection of investors in accordance with regulations.

2. Based on the provisions of Clause 1 of this Article, the Investment Preparation Board is responsible for preparing and issuing tender documents or request documents. The content of the tender documents or request documents is prepared in accordance with current regulations.

3. The deadline for receiving tender documents or proposal documents is twenty days after the expiration of the tender document issuance period or request document issuance period and is recorded in the tender document or request document.

Article 7. Forms of Investor Selection

1. Tendering to select investors: If two or more investors register to participate in the project, tendering shall be organized to select investors in accordance with laws on tendering.

2. Designating investors in the following cases:

a) Projects urgently addressing solid waste treatment issues due to

b) After the deadline specified in Clause 1 of Article 6 of this Circular, only one investor registers to participate, or only one investor proposes a project.

Article 8. Approving the Selection of Investors and Implementing the Project

1. For projects within the approval authority of

2. For projects within the approval authority of the provincial People's Committee: based on the Investment Preparation Board's proposal, the provincial People's Committee with an Investment Preparation Board shall organize a review and approval after obtaining the agreement of the Ministry of Construction.

3. The selected investor and related organizations and individuals are responsible for implementing the project in accordance with laws on investment and construction.

Article 9. Effective Date

This Circular takes effect from February 6, 2011. During implementation, if there are difficulties, organizations and individuals are requested to promptly reflect them to the Ministry of Construction for study and resolution./.