Circular No. 26/2011/TT-BTNMT provides detailed regulations on certain provisions of Government Decree No. 29/2011/NĐ-CP dated April 18, 2011, concerning strategic environmental assessment, environmental impact assessment, and environmental protection commitment.

CIRCULAR

Providing detailed regulations on certain provisions of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitments.

On strategic environmental assessment, environmental impact assessment, and environmental protection commitments.

_______________________________

 

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

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 Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment;

Based on Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment, which has been amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 and Decree No. 89/2010/NĐ-CP dated August 16, 2010;

Based on Decision No. 132/2008/QĐ-TTg dated September 30, 2008 of the Prime Minister on the functions, tasks, powers, and organizational structure of the General Department of Environment under the Ministry of Natural Resources and Environment;

At the proposal of the Director of the General Department of Environment, the Head of the Legal Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations on certain provisions of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitments (hereinafter referred to as Decree No. 29/2011/NĐ-CP).

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals involved in:

a) Strategies, plans, and programs as specified in Article 3 of Decree No. 29/2011/NĐ-CP;

b) Projects as specified in Clause 1, Article 12 of Decree No. 29/2011/NĐ-CP;

c) Projects and proposed activities for production, business, and services as specified in Article 29 of Decree No. 29/2011/NĐ-CP;

d) Projects put into operation after July 1, 2006 that have been granted approval decisions for environmental impact assessments but have not yet received confirmation certificates for the implementation of the contents of the reports and requirements of the approval decisions.

2. This Circular does not apply to the review of environmental impact assessment reports through service review organizations.

Chapter II

STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 3. Subjects implementing strategic environmental assessment and forms of strategic environmental assessment implementation

1. The subjects required to implement strategic environmental assessment and the form of the strategic environmental assessment report are stipulated in Clauses 1, 2, and 3 of Article 3 and Part C of Appendix I of Decree No. 29/2011/NĐ-CP.

2. The subject specified in Clause 5 of Article 3 of Decree No. 29/2011/NĐ-CP shall choose the form of strategic environmental assessment implementation on their own.

3. The subjects specified in Part C of Appendix I of Decree No. 29/2011/NĐ-CP shall implement strategic environmental assessment according to the form directed by the National Assembly, the Government, or the Prime Minister. In cases where the directive from the National Assembly, the Government, or the Prime Minister does not specifically require the form of strategic environmental assessment implementation, the Ministry of Natural Resources and Environment shall be responsible for guiding the form of strategic environmental assessment implementation.

Article 4. Preparing Strategic Environmental Assessment Reports

1. The timing for conducting strategic environmental assessment and the requirements for using the results of strategic environmental assessment are stipulated in Article 4 of Decree No. 29/2011/NĐ-CP.

2. The agency in charge of developing strategies, plans, and programs (hereinafter referred to as the project proponent) within the scope specified in Clauses 1 and 3 of Article 3 of this Circular shall be responsible for preparing strategic environmental assessment reports and submitting them to competent authorities for review.

Article 5. Documents for Requesting Review of Strategic Environmental Assessment Report

1. The project proponent of the subjects specified in Clause 2, Article 4 of this Circular shall be responsible for submitting the documents for requesting review of the strategic environmental assessment report in accordance with Clauses 2, 3, and 4 of this Article to the agency organizing the review of the strategic environmental assessment report as stipulated in Clause 1, Article 6 of this Circular.

2. The detailed documents for requesting review of the strategic environmental assessment report in the form of a separate report include:

a) One (01) request for review document prepared according to the model prescribed in Appendix 1.1 of this Circular;

b) Nine (09) copies of the detailed strategic environmental assessment report in the form of a separate report of the strategy, plan, or program bound into volumes with cover pages, back covers, and requirements on structure and content carried out according to the corresponding models prescribed in Appendices 1.2 and 1.3 of this Circular;

c) Nine (09) copies of draft strategy, plan, or program documents;

d) In cases where the number of members of the review board exceeds nine (09) people, or in other necessary situations based on the requirements of the review work, the project proponent shall provide additional strategic environmental assessment reports and draft strategy, plan, or program documents compared to the number of documents specified in Points b and c of this Clause.

3. The detailed documents for requesting review of the strategic environmental assessment report integrated into the strategy, plan, or program report include:

a) One (01) request for review document prepared according to the model prescribed in Appendix 1.4 of this Circular;

b) Nine (09) copies of draft strategy, plan, or program documents that have been integrated with the detailed strategic environmental assessment report. Requirements on structure and content of the detailed strategic environmental assessment report integrated into the strategy, plan, or program report shall be carried out according to the model prescribed in Appendix 1.5 of this Circular;

c) In cases where the number of members of the review board exceeds nine (09) people, or in other necessary situations based on the requirements of the review work, the project proponent shall provide additional draft strategies, plans, or programs compared to the number specified in Point b of this Clause.

4. The concise documents for requesting review of the strategic environmental assessment report include:

a) One (01) request for review document prepared according to the model prescribed in Appendix 1.6 of this Circular;

b) Five (05) copies of draft strategy, plan, or program documents that have been integrated with the concise strategic environmental assessment report. Requirements on structure and content of the concise strategic environmental assessment report integrated into the strategy, plan, or program report shall be carried out according to the model prescribed in Appendix 1.7 of this Circular.

5. The project proponent of the subject specified in Clause 2, Article 3 of this Circular is not required to prepare the documents for requesting review of the strategic environmental assessment report.

Article 6. Organization of Review of Strategic Environmental Assessment Report

1. The authority to review the strategic environmental assessment report is stipulated in Clause 1, Article 7 of Decree No. 29/2011/NĐ-CP.

2. The review of the strategic environmental assessment report shall be conducted through a review board. The organization and operation of the review board for the strategic environmental assessment report are prescribed in Chapter 4 of this Circular.

3. The time limit for reviewing the strategic environmental assessment report is stipulated in Article 8 of Decree No. 29/2011/NĐ-CP.

4. The agency responsible for reviewing the strategic environmental assessment report within the time limit specified in Clause 3 of this Article shall organize the review of the strategic environmental assessment report. In cases where the documents are not valid, the agency must send a notification letter to the project proponent to correct and supplement the documents within seven (07) working days from the date of receipt of the documents.

Article 7. Responsibilities of the project owner after the strategic environmental assessment report has been reviewed

1. Implement the provisions stipulated in Article 9 of Decree No. 29/2011/NĐ-CP.

2. Resubmit to the reviewing agency:

a) Three (03) copies of the strategic environmental assessment report that have been revised and supplemented, along with one (01) copy recorded on a CD; one (01) draft strategy, plan, or program that has been revised, and a statement explaining the adoption of the reviewing agency's comments on the strategic environmental assessment report, carried out according to the model specified in Appendix 1.8 of this Circular, in cases where the strategic environmental assessment report is detailed in the form of a separate report;

b) Three (03) revised and supplemented drafts of strategies, plans, or programs, along with one (01) copy recorded on a CD; a statement explaining the adoption of the reviewing agency's comments on the strategic environmental assessment report, carried out according to the model specified in Appendix 1.8 of this Circular, in cases where the strategic environmental assessment report is detailed in the form of being integrated into the strategy, plan, or program report or a summarized strategic environmental assessment report.

Article 8. Report on the results of the review of the strategic environmental assessment report

1. The agency organizing the review of the strategic environmental assessment report shall submit the file of the report on the results of the review of the strategic environmental assessment report to the competent authority for approval of the strategy, plan, or program, including:

a) One (01) report on the results of the review of the strategic environmental assessment report carried out according to the model specified in Appendix 1.9 of this Circular;

b) One (01) copy of the statement from the project owner explaining the adoption of the reviewing agency's comments on the strategic environmental assessment report.

2. The deadline for submitting the file of the report on the results of the review is no later than fifteen (15) working days from the date of receipt of the revised and supplemented strategic environmental assessment report accompanied by the project owner's explanatory statement.

Article 9. Responsibilities of the approving agency after receiving the file of the report on the results of the review of the strategic environmental assessment report

1. Consider comprehensively and objectively all proposals and recommendations stated in the file of the report on the results of the review conducted by the agency organizing the review of the strategic environmental assessment report and the adoption of the reviewing agency's comments by the project owner.

2. In case of necessity, require the project owner to revise and supplement the draft strategy, plan, or program based on the review file of the strategic environmental assessment report.

Chapter III

ENVIRONMENTAL IMPACT ASSESSMENT

Article 10. Objectives, timing for preparation, review, and approval of the environmental impact assessment report

1. Owners of the following projects must prepare an environmental impact assessment report:

a) Projects listed from item 1 to item 143 and item 145 of Appendix II of Decree No. 29/2011/NĐ-CP; projects with different names but having equivalent nature and scale to those listed from item 1 to item 143 of Appendix II of Decree No. 29/2011/NĐ-CP;

b) Projects to renovate, expand, upgrade, or increase capacity of existing production, business, or service facilities that have been approved an environmental impact assessment report or registered, confirmed an environmental protection commitment or confirmed compliance with environmental standards or approved, confirmed an environmental protection program up to the level equivalent to those listed from item 1 to item 143 of Appendix II of Decree No. 29/2011/NĐ-CP;

c) Projects falling under the provisions of Clause 5, Article 35 of Decree No. 29/2011/NĐ-CP.

2. Project owners falling under the provisions of Clause 1 of this Article are responsible for preparing an environmental impact assessment report and submitting it to the competent authority for review and approval. The timing for preparation, submission for review, and approval of the environmental impact assessment report shall be carried out according to the provisions of Article 13 of Decree No. 29/2011/NĐ-CP.

Article 11. Resubmission and Review, Approval of Environmental Impact Assessment Report

1. In cases where a project has been approved for an environmental impact assessment report but has not yet commenced operation, such a project must resubmit the environmental impact assessment report under the following circumstances:

a) Changing the location of the project implementation or failing to implement the project within thirty-six (36) months from the date of issuance of the decision approving the environmental impact assessment report;

b) Increasing the scale, capacity, or changing technology that increases the scope of impact or increases negative impacts on the environment not caused by waste, or increasing the total amount of waste or generating new types of waste with higher pollutant components than those calculated and forecasted in the previously approved environmental impact assessment report.

2. The resubmission, review, and approval of the environmental impact assessment report for the cases stipulated in Clause 1 of this Article shall be carried out according to the provisions of Articles 12, 13, 14, and 15 of this Circular.

3. The project proponent may only implement changes after the environmental impact assessment report has been approved.

Article 12. Seeking Opinions During the Preparation of the Environmental Impact Assessment Report

1. Seeking opinions during the preparation of the environmental impact assessment report shall be conducted in accordance with the provisions of Articles 14 and 15 of Decree No. 29/2011/NĐ-CP.

2. The document submitted by the project proponent to seek opinions shall be prepared according to the model specified in Appendix 2.1 of this Circular.

3. The reply document from the agency or organization sought for opinions shall be prepared according to the model specified in Appendix 2.2 of this Circular.

4. During the opinion-seeking process, the project proponent is responsible for ensuring that the document seeking opinions is accompanied by a summary of the main investment items, environmental issues, and environmental protection measures of the project, which are sent to the agencies and organizations being consulted.

5. The deadline for replying to the solicited opinions for the agencies and organizations being consulted is fifteen (15) working days from the date of receipt of the document seeking opinions sent by the project proponent.

Article 13. Documents for Requesting Review of the Environmental Impact Assessment Report

1. One (01) document from the project proponent requesting the review of the environmental impact assessment report, prepared according to the model specified in Appendix 2.3 of this Circular.

2. Seven (07) copies of the project's environmental impact assessment report. If the number of members of the review board exceeds seven (07) people, or if additional reports are required for the review process, the project proponent must provide additional copies of the environmental impact assessment report. The cover page, back cover, and requirements for the structure and content of the environmental impact assessment report shall be prepared according to the models specified in Appendices 2.4 and 2.5 of this Circular.

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

4. For the case stipulated in Point b, Clause 1, Article 10 of this Circular, in addition to the documents specified in Clauses 1, 2, and 3 of this Article, there must also be one (01) copy of the decision approving the environmental impact assessment report or a certificate confirming compliance with environmental standards, the decision approving or the certificate confirming the environmental protection plan, or a document proving the registered environmental protection commitment of the operating production, business, or service facility.

5. For the case stipulated in Clause 1, Article 11 of this Circular, in addition to the documents specified in Clauses 1, 2, and 3 of this Article, there must also be one (01) copy of the previous decision approving the environmental impact assessment report of the project.

Article 14. Organization for the review of environmental impact assessment reports

1. The responsibility for organizing the implementation of the review, the manner of conducting, and activities related to the review of environmental impact assessment reports are stipulated in Article 18 of Decree No. 29/2011/NĐ-CP.

2. The organization and operation of the environmental impact assessment report review council are specified in Chapter 4 of this Circular.

Article 15. Procedures and deadlines for reviewing and approving environmental impact assessment reports

1. The procedures and deadlines for reviewing and approving environmental impact assessment reports are prescribed correspondingly in Articles 19 and 20 of Decree No. 29/2011/NĐ-CP.

2. After the environmental impact assessment report has been reviewed with a result of approval without requiring amendments or additions, or approval subject to necessary amendments or additions, the project proponent shall complete the report, sign each page of the report (starting from the cover page according to the model specified in Appendix 2.4 of this Circular), make copies, bind them into a hardcover book, stamp them if necessary, and submit the report to the authority responsible for reviewing environmental impact assessment reports with sufficient copies to send to the addresses specified in Clause 2 of Article 21 of Decree No. 29/2011/NĐ-CP, along with one (01) copy on a CD and a written explanation from the project proponent regarding the amendments and additions made to the environmental impact assessment report based on the requirements stated in the notification of the review results issued by the competent authority.

3. The decision to approve the environmental impact assessment report shall be implemented according to the model specified in Appendix 2.6 of this Circular.

Article 16. Responsibilities of the authority approving the environmental impact assessment report and the project proponent after the environmental impact assessment report is approved

1. Responsibilities of the authority approving the environmental impact assessment report:

a) Authenticate the approved environmental impact assessment report according to the model specified in Appendix 2.7 of this Circular;

b) Send the authenticated environmental impact assessment report to the addresses specified in Clause 2 of Article 21 of Decree No. 29/2011/NĐ-CP within fifteen (15) working days from the date of approval of the environmental impact assessment report.

2. Responsibilities of the project proponent:

a) Adjust the investment project to ensure compliance with the requirements of the approved decision on the environmental impact assessment report;

b) Publicize information about the project that has had its environmental impact assessment report approved in accordance with Article 22 of Decree No. 29/2011/NĐ-CP;

c) Fulfill the responsibilities prescribed in Chapter 5 of this Circular before officially operating the project.

Chapter IV

ORGANIZATION AND OPERATIONS OF THE ENVIRONMENTAL STRATEGIC IMPACT ASSESSMENT REPORT REVIEW COUNCIL AND THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT REVIEW COUNCIL

Article 17. Establishment of the environmental strategic impact assessment report review council and the environmental impact assessment report review council

1. The head or person in charge of the authority with the competence stipulated in Clause 1 of Article 7 of Decree No. 29/2011/NĐ-CP decides to establish the environmental strategic impact assessment report review council.

2. The head or person in charge of the authority specified in Clause 2 of Article 18 of Decree No. 29/2011/NĐ-CP decides or delegates the head of the specialized agency under their jurisdiction responsible for environmental protection to decide to establish the environmental impact assessment report review council.

3. The environmental strategic impact assessment report review council and the environmental impact assessment report review council are established for each environmental strategic impact assessment report and each environmental impact assessment report.

4. The decision to establish the environmental strategic impact assessment report review council and the environmental impact assessment report review council shall be implemented according to the model specified in Appendix 3.1 of this Circular.

Article 18. Composition and structure of the council for reviewing strategic environmental assessment reports and the council for reviewing environmental impact assessment reports

1. The composition and structure of the council for reviewing strategic environmental assessment reports are stipulated in Clause 5, Article 7 of Decree No. 29/2011/ND-CP.

2. The composition and structure of the council for reviewing environmental impact assessment reports are stipulated in Clause 3, Article 18 of Decree No. 29/2011/ND-CP. In cases where the project is located within economic zones; industrial parks; high-tech zones; export processing zones; industrial clusters; other concentrated production, business, and service areas (hereinafter referred to collectively as concentrated production, business, and service areas), the composition of the review council may include representatives from state agencies directly managing the concentrated production, business, and service areas and representatives from investors and operators of infrastructure in the concentrated production, business, and service areas where the project is implemented.

Article 19. Functions and principles of operation of the council for reviewing strategic environmental assessment reports and the council for reviewing environmental impact assessment reports

1. The council for reviewing strategic environmental assessment reports and the council for reviewing environmental impact assessment reports (hereinafter collectively referred to as the review council) have the function of advising the head of the organization or the person in charge regarding the review process; they are responsible under the law and before the organization conducting the review for the objectivity and honesty of the conclusions of the review.

2. The review council operates based on the principle of open and direct discussion among members of the review council and between the review council and the project proponent (except in cases of abbreviated strategic environmental assessment report reviews conducted through written comments and evaluations) and conclude the results of the review according to the provisions of Clause 2, Article 33 of this Circular.

3. The abbreviated strategic environmental assessment report review council operates in accordance with the provisions of Clause 6, Article 7 of Decree No. 29/2011/ND-CP.

4. Activities of the review council are organized and carried out through the permanent review agency established by the competent authority as stipulated in Clause 1, Article 7 and Clause 2, Article 18 of Decree No. 29/2011/ND-CP.

Article 20. Conditions and criteria for selecting positions in the review council

1. The Chairman or Vice-Chairman of the council must be an environmental specialist with at least seven (07) years of experience if holding a bachelor's degree, at least five (05) years of experience if holding a master's degree, at least three (03) years of experience if holding a doctoral degree, or must be a leader of the organization conducting the review or the permanent review agency.

2. The member providing critique must be an environmental specialist or relevant to the field of the project (of which there must be at least one (01) critique member who is an environmental specialist) with at least five (05) years of experience if holding a bachelor's degree, at least three (03) years of experience if holding a master's degree, at least one (01) year of experience if holding a doctoral degree.

3. The secretary member must be an officer of the permanent review agency.

4. Council members must be environmental specialists or relevant to the field of the project with at least three (03) years of experience if holding a bachelor's degree, at least two (02) years of experience if holding a master's degree, or hold a doctoral degree.

Article 21. Responsibilities of Council Members

1. Study strategic environmental assessment reports, environmental impact assessment reports, and related files and documents provided by the competent authority for examination.

2. Participate in council meetings, specialized conferences, seminars, and investigative activities organized during the examination process of strategic environmental assessment reports and environmental impact assessment reports as arranged by the competent authority for examination.

3. Write specialized evaluation reports on the contents of strategic environmental assessment reports and environmental impact assessment reports according to the division of labor by the competent authority for examination.

4. Write comments on strategic environmental assessment reports and environmental impact assessment reports according to the model prescribed in Appendix 3.2 of this Circular and submit them to the competent authority for examination at least one (01) working day before the formal meeting of the council; present the comments at the formal meeting of the council.

5. Write examination reports on strategic environmental assessment reports and environmental impact assessment reports according to the model prescribed in Appendix 3.3 of this Circular.

6. Write comments on strategic environmental assessment reports and environmental impact assessment reports that have been revised and supplemented by the project owner after the formal meeting of the council when requested in writing by the competent authority for examination.

7. Manage documents provided in accordance with the provisions of the law and return these documents when requested by the competent authority for examination after completing the assigned tasks.

8. Bear responsibility before the organizing authority and before the law for the comments and evaluations made regarding strategic environmental assessment reports and environmental impact assessment reports and the assigned tasks during the examination process.

Article 22. Powers of Council Members

1. Request the competent authority for examination to provide all relevant documents related to the application file for examination for study and evaluation.

2. Propose to the competent authority for examination to organize meetings, specialized conferences, and other activities to directly serve the examination work.

3. Attend council meetings; participate in specialized meetings, conferences, and other activities to directly serve the examination work as arranged by the competent authority for examination.

4. Directly dialogue with the project owner and consultants preparing strategic environmental assessment reports and environmental impact assessment reports at council meetings; reserve the right to hold different opinions from the council's conclusions.

5. Receive remuneration according to the current financial regulations when performing tasks such as writing comments on strategic environmental assessment reports and environmental impact assessment reports; participating in council meetings, specialized conferences, seminars, and other activities assigned during the examination process; be reimbursed for travel expenses, meals, accommodation, and other expenses as stipulated by law when participating in council activities.

Article 23. Responsibilities and Powers of the Chairman of the Council

In addition to the responsibilities and powers of council members specified in Articles 21 and 22 of this Circular, the Chairman of the Council also has the following responsibilities and powers:

1. Chair council meetings.

2. Handle opinions raised in council meetings and conclude council meetings.

3. Sign the minutes of the meeting and bear responsibility before the organizing authority and before the law for conclusions made in council meetings.

Article 24. Responsibilities and Authorities of the Deputy Chairperson of the Council

In addition to the responsibilities and authorities of the Council Member as stipulated in Articles 21 and 22 of this Circular, the Deputy Chairperson of the Council shall also have the responsibilities and authorities of the Chairperson of the Council in the absence of the Chairperson of the Council.

Article 25. Responsibilities and Authorities of the Reviewing Member

In addition to the responsibilities and authorities specified in Clauses 1, 2, 3, 5, 6, 7, and 8 of Article 21 and Article 22 of this Circular, the Reviewing Member shall be responsible for writing comments on the contents of the strategic environmental assessment report and the environmental impact assessment report according to the models prescribed in Appendix 3.4 and Appendix 3.5 of this Circular.

Article 26. Responsibilities and Authorities of the Secretary Member

In addition to the responsibilities and authorities of the Council Member as stipulated in Articles 21 and 22 of this Circular, the Secretary Member shall also have the following responsibilities and authorities:

1. Provide sample comment forms and review report forms for strategic environmental assessment reports and environmental impact assessment reports to members of the review council.

2. Report to the Chairperson of the Council on the main issues of the dossier based on self-study and synthesis of opinions from members of the appraisal council; report to the Chairperson of the Council and the permanent body of the appraisal council on activities as prescribed in Clause 4 of Article 18 of Decree No. 29/2011/NĐ-CP, if applicable.

3. Inform the appraisal council of the comments of members of the appraisal council who did not attend the formal session of the council and written comments from the Department of Natural Resources and Environment sent to the permanent body of the appraisal council, if applicable.

4. Record and sign minutes of meetings of the appraisal council; bear responsibility for the completeness and truthfulness of the content of meeting minutes of the appraisal council.

5. Prepare files and certificates to serve the settlement of accounts for the activities of the appraisal council.

6. Perform other tasks serving the activities of the review council as required by the permanent review body.

Article 27. Responsibilities and Authorities of the Council Member Representing the Department of Natural Resources and Environment Participating in the Appraisal Council Established by Ministries, Agencies Equivalent to Ministries, and Government Agencies

In addition to the responsibilities and authorities of the Council Member corresponding to their specific position within the council as stipulated in this Circular, the Council Member representing the Department of Natural Resources and Environment participating in the appraisal council established by ministries, agencies equivalent to ministries, and government agencies shall also have the following responsibilities and authorities:

1. Collect and provide information and documents related to strategies, plans, programs, and projects to the appraisal council; bear responsibility for the information and documents provided to the appraisal council.

2. In cases where they do not participate in the activities of the appraisal council, they may authorize in writing a person from the same agency to participate with full responsibilities and authorities of the Council Member.

Article 28. Responsibilities and Authorities of the Permanent Body of the Appraisal Council

1. Examine the validity of the dossier submitted for the appraisal of the strategic environmental assessment report and the environmental impact assessment report to proceed with the appraisal process. If the dossier is invalid, it must return the dossier in writing within seven (07) working days for the strategic environmental assessment report and five (05) working days for the environmental impact assessment report, starting from the date of receipt of the dossier from the project proponent.

2. Draft the decision to establish the appraisal council with its structure and composition as prescribed in Article 18 of this Circular according to the model prescribed in Appendix 3.1 of this Circular for submission to the competent authority for consideration and decision.

3. Request the project proponent to provide and supplement documents when necessary and send documents to members of the appraisal council within five (05) working days from the date of the decision to establish the appraisal council.

4. Organize the collection of opinions from the Department of Natural Resources and Environment that does not have a representative participating in the composition of the appraisal council established by ministries, agencies equivalent to ministries, and government agencies as prescribed in Article 29 of this Circular.

5. Collect and provide relevant information about strategies, plans, programs, or projects to the appraisal council.

6. Organize meetings of the appraisal council and activities as prescribed in Clause 7 of Article 7 and Clause 4 of Article 18 of Decree No. 29/2011/NĐ-CP.

7. Notify the project proponent in writing about the results of the appraisal and requirements related to completing the appraisal dossier within five (05) working days from the date of the last formal session of the appraisal council. The content of the notification must clearly indicate one of the following statuses regarding the appraisal result: approved without revision or supplementation; approved with conditions requiring revision or supplementation; not approved.

8. Organize a review of the content of the strategic environmental assessment report and the environmental impact assessment report resubmitted by the project proponent after revision and supplementation. If necessary, issue a document requesting some members of the council to continue providing comments on the strategic environmental assessment report and the environmental impact assessment report revised and supplemented by the project proponent.

9. Draft the report on the results of the appraisal of the strategic environmental assessment report of the strategy, plan, program according to the model prescribed in Appendix 1.9 of this Circular for the case of appraising the strategic environmental assessment report; draft the decision to approve the environmental impact assessment report of the project according to the model prescribed in Appendix 2.6 of this Circular for the case of appraising the environmental impact assessment report and submit them to the competent authority for consideration and decision.

10. Prepare the budget estimate and settle accounts for the expenses incurred in the activities of the appraisal council.

Article 29. Organizing Solicitation of Opinions from the Department of Natural Resources and Environment that does not have representatives participating in the membership of the appraisal council established by the Ministry, agency at the ministerial level, or agency under the Government

1. The permanent body responsible for the appraisal shall send the strategic environmental assessment report to the Department of Natural Resources and Environment of the localities directly related to the environmental issues of the strategy, planning, and plan that do not have representatives participating in the membership of the appraisal council, and the environmental impact assessment report to the Department of Natural Resources and Environment where the project is implemented without representatives participating in the membership of the council to solicit opinions.

2. The Department of Natural Resources and Environment shall be responsible for sending written comments within five (05) working days from the date of receipt of the request letter from the permanent body responsible for the appraisal.

4. The opinions of the Department of Natural Resources and Environment shall be considered and discussed at the formal meeting of the appraisal council.

Article 30. Conditions for Conducting a Formal Meeting of the Appraisal Council

An official meeting of the appraisal council may only be conducted when the following conditions are met:

1. There must be participation (presenting directly at the meeting or joining via online meeting) from two-thirds (2/3) or more of the number of members of the appraisal council as decided on establishment, including the mandatory presence of: the Chairman of the council or Vice-Chairman of the council in case the Chairman is absent (hereinafter referred to collectively as the session chairperson), at least one (01) Reviewer member and Secretary member.

2. There is participation from an authorized representative of the project proponent or a person authorized by the competent authority of the project proponent to participate.

3. The project proponent has paid the appraisal fee for the environmental impact assessment report in accordance with the provisions of the law.

Article 31. Representatives Participating in Meetings of the Appraisal Council

1. The composition of representatives participating in meetings of the appraisal council is decided by the permanent appraisal body and invited to attend.

2. Representatives participating in the meetings may express their opinions during the meetings of the appraisal council, subject to the control of the session chairperson, and are entitled to remuneration in accordance with the provisions of the law.

Article 32. Content and Procedure of a Formal Meeting of the Appraisal Council

1. The Secretary member reads the decision establishing the appraisal council, introduces the participants, and reports a summary of the process of handling the appraisal file, providing information about the activities of the council and the permanent body responsible for the appraisal.

2. The session chairperson conducts the meeting according to the authority stipulated in Article 23 of this Circular.

3. The project proponent (or the consulting unit authorized by the project proponent) presents a summary of the contents of the strategic environmental assessment report and the environmental impact assessment report.

4. The project proponent and members of the appraisal council exchange views and discuss any unclear issues in the file (if any).

5. The Reviewer members and other members of the council present their observations and evaluations.

6. The Secretary member reads the observations of the council members who are absent and the opinions of the Department of Natural Resources and Environment that do not have representatives in the council's membership.

7. Participants may make statements if they wish.

8. The council may convene separately (decided by the session chairperson) to unify the content of the council's conclusion in cases where council members have opposing views.

9. The session chairperson announces the conclusion of the appraisal council.

10. Members of the council who have different opinions from the conclusion proposed by the session chairperson, if any.

11. The project proponent may speak, if any.

12. The session chairperson declares the end of the meeting.

Article 33. Content of the Council's Conclusion

1. The conclusion of the appraisal board must clearly reflect the following contents:

a) Contents of the file that meet the requirements;

b) Deficiencies of the file; related requirements and recommendations for completing the file (if any) based on the opinions of the council members;

c) The result of the appraisal at one (01) of three (03) levels: approval without need for revision or supplementation; approval subject to conditions requiring revision or supplementation; disapproval based on the results of the voting process according to the principle stipulated in Clause 2 of this Article.

2. Principles for issuing the appraisal result:

a) Approval without need for revision or supplementation: when all members of the council attending the meeting agree unanimously to approve without need for revision or supplementation through their appraisal ballots (or written comments in cases where there is no meeting of the council for the abbreviated strategic environmental assessment report);

b) Approval subject to conditions requiring revision or supplementation: when at least two-thirds (2/3) of the members of the council attending the meeting agree to approve or approve subject to conditions requiring revision or supplementation through their appraisal ballots (or written comments in cases where there is no meeting of the council for the abbreviated strategic environmental assessment report);

c) Disapproval: when more than one-third (1/3) of the members of the council do not agree to approve through their appraisal ballots (or written comments in cases where there is no meeting of the council for the abbreviated strategic environmental assessment report).

Article 34. Form and Content of the Official Meeting Minutes of the Appraisal Board

1. The official meeting minutes of the appraisal board shall be prepared according to the model prescribed in Appendix 3.6 of this Circular. The opinions of the project owner, members of the board, and representatives attending the meeting must be fully and truthfully recorded in the meeting minutes.

2. The official meeting minutes of the appraisal board must be signed at the bottom left corner of each page by the chairperson of the meeting and the Secretary Member, and signed with full name and position within the board on the last page.

Chapter V

IMPLEMENTATION AND INSPECTION, VERIFICATION OF ENVIRONMENTAL PROTECTION WORKS AND MEASURES PRIOR TO THE PROJECT'S OFFICIAL OPERATION

Article 35. Responsibilities of the Project Owner Prior to Official Operation of the Project

1. Before officially putting the project into operation, the project owner has the responsibility to:

a) Fully implement the responsibilities stipulated in Article 23 of Decree No. 29/2011/NĐ-CP and the environmental protection works and measures serving the operational phase of the project as specified in Article 26 of Decree No. 29/2011/NĐ-CP;

b) Test-run the waste treatment facilities serving the operational phase of the project;

c) Prepare a file requesting inspection and verification of the implementation of environmental protection works and measures serving the operational phase of the project and submit it to the competent authority as prescribed in Clause 1 of Article 39 of this Circular.

2. In cases where the project does not have environmental protection works serving the operational phase, the project owner is not required to prepare a file requesting inspection and verification of the implementation of environmental protection works and measures serving the operational phase of the project.

3. For projects related to hazardous waste management:

a) Projects for hazardous waste management that do not include investment components for production, business, or services other than transportation, treatment, recycling, and disposal of hazardous waste and fall under the licensing authority of the Ministry of Natural Resources and Environment for hazardous waste management operations, the project owner is not required to fulfill the responsibility prescribed in point c of Clause 1 of this Article but must fully comply with all responsibilities stipulated in Circular No. 12/2011/TT-BTNMT dated April 14, 2011 of the Ministry of Natural Resources and Environment on hazardous waste management;

b) Projects related to hazardous waste management not covered by the provisions of point a of this Clause, the project owner must implement environmental protection works and measures serving the operational phase of the project as prescribed in this Circular to obtain verification from the competent authority before applying for a license for hazardous waste management operations.

Article 36. Implementation and Inspection, Supervision of Environmental Protection Works and Measures During the Investment Preparation Phase and Construction Phase of the Project

1. The project owner is responsible for organizing the implementation of environmental protection works and measures during the investment preparation phase and construction phase of the project.

2. The agency approving the environmental impact assessment report of the project shall inspect and supervise the implementation of environmental protection works and measures during the investment preparation phase and construction phase of the project if necessary.

3. The inspection activities of environmental protection works and measures during the investment preparation phase and construction phase of the project shall be conducted through inspection teams established by the agency prescribed in Clause 1 of Article 39 of this Circular, with the composition and structure as prescribed in Article 40 of this Circular. The content of the inspection and the responsibilities of the inspection team shall be decided by the agency establishing the inspection team.

4. The agency establishing the inspection team may engage independent consulting units to monitor the implementation of environmental protection works and measures of the project during the investment preparation phase and construction phase.

5. The agency organizing the inspection shall be responsible for notifying the project owner in writing about the results of the inspection of environmental protection works and measures during the investment preparation phase and construction phase of the project within fifteen (15) working days from the date of completion of the inspection.

Article 37. Trial operation of waste treatment works

1. The trial operation of waste treatment works must be conducted concurrently with the project's trial operation process.

2. Prior to conducting the trial operation of waste treatment works, the project proponent must submit a notification document regarding the trial operation plan to the agency that approved the environmental impact assessment report of the project according to the form prescribed in Appendix 4.1 of this Circular.

3. The trial operation of waste treatment works shall not exceed six (06) months from the start date of the trial operation of the waste treatment works.

4. During the trial operation of waste treatment works, the project proponent must either conduct sampling, measurement, analysis of the composition and characteristic properties of the waste before and after treatment themselves or hire a competent entity with legal personality to do so. The number of times sampling and analyzing the composition of the waste during the trial operation of the project's waste treatment works must ensure at least three (03) times at different points in time. Sampling times depend on the nature of each component of the specific project to ensure that the samples represent and are characteristic of the project's operational phase.

5. Subjects specified in Clause 4, Article 39 of Decree No. 29/2011/ND-CP are not required to perform the trial operation of waste treatment works, but they must conduct sampling and analyzing various types of waste after treatment by the installed waste treatment works at least three (03) times at different points in time under normal production conditions to prepare a file for requesting inspection and confirmation of the implementation of environmental protection works and measures serving the operational phase of the project to be inspected and confirmed before June 5, 2013.

6. During the trial operation of waste treatment works, if it is found that waste discharged into the environment does not meet current standards and regulations, the project proponent must immediately stop the trial operation activity, implement measures to prevent the spread of waste into the environment, and urgently notify the Department of Natural Resources and Environment and related agencies where the project is located to direct and coordinate in handling the situation. In case of causing an environmental incident or waste discharged into the environment does not meet standards and regulations leading to damage to organizations or individuals, the project proponent must compensate for the damage in accordance with the provisions of the law.

Article 38. File for Requesting Inspection and Confirmation of Implementation of Environmental Protection Works and Measures Serving the Operational Phase of the Project

1. The file for requesting inspection and confirmation of implementation of environmental protection works and measures serving the operational phase of the project includes:

a) One (01) request for inspection and confirmation of the implementation of environmental protection works and measures serving the operational phase of the project according to the form prescribed in Appendix 4.2 of this Circular;

b) One (01) copy of the decision approving the environmental impact assessment report along with a copy of the approved environmental impact assessment report;

c) Five (05) reports on the results of implementing environmental protection works and measures serving the operational phase of the project according to the form prescribed in Appendix 4.3 of this Circular. In cases where the project is located in areas of two (02) provinces or centrally-administered cities or more, the project proponent must submit additional reports equal to the number of additional provinces to facilitate inspection work;

d) Appendices attached in the quantity equal to the number of reports on the results of implementing environmental protection works and measures serving the operational phase of the project as stipulated in point c of this clause. The documents in the appendices must comply with the provisions of Clause 4, Article 25 of Decree No. 29/2011/ND-CP.

2. In cases where the project is invested in multiple phases or has several independent components, the project proponent may establish a file for requesting inspection and confirmation of the implementation of environmental protection works and measures serving the operational phase of the project for each phase or for each independent component of the project.

Article 39. Inspection and Confirmation of Environmental Protection Works and Measures for the Operation Phase of Projects

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees under the central government (hereinafter referred to as provincial People's Committee) shall instruct specialized environmental protection agencies under their jurisdiction (hereinafter collectively referred to as inspection and confirmation agencies) to organize inspections and confirmations of environmental protection works and measures for the operation phase of projects within their approval authority for environmental impact assessment reports.

2. The inspection and confirmation agency shall organize inspections and confirmations of environmental protection works and measures for the operation phase of projects upon receiving complete and valid files as stipulated in Article 38 of this Circular.

3. In cases specified in Clause 2 of Article 38 of this Circular, the inspection and confirmation agency shall organize inspections and confirmations for each phase of the project or for independent components of the project.

4. Procedures, deadlines, and methods for inspecting and confirming the implementation of environmental protection works and measures for the operation phase of projects are prescribed in Articles 27 and 28 of Decree No. 29/2011/NĐ-CP.

5. The inspection activity for the implementation of environmental protection works and measures for the operation phase of projects shall be carried out through inspection teams established by the inspection and confirmation agency with members and structures as prescribed in Article 40 of this Circular.

6. The activity of inspecting the remediation of remaining issues of environmental protection works and measures that have been remedied by the project owner as stipulated in Clause 4 of Article 27 of Decree No. 29/2011/NĐ-CP shall be implemented according to the provisions of Article 44 of this Circular.

7. A confirmation certificate of the implementation of environmental protection works and measures for the operation phase of projects shall be issued in accordance with the form prescribed in Appendix 4.4 of this Circular.

Article 40. Establishment of Inspection Teams for the Implementation of Environmental Protection Works and Measures for the Operation Phase of Projects

1. The head or person in charge of the inspection and confirmation agency shall issue a decision to establish an inspection team in accordance with the form prescribed in Appendix 4.5 of this Circular.

2. The composition of the inspection team includes: staff from the inspection and confirmation agency and environmental experts related to the project area, structured as follows: one (01) Team Leader who is a staff member of the inspection and confirmation agency, and if necessary, one (01) Deputy Team Leader; one (01) Secretary and other members.

3. In cases where the inspection and confirmation of the implementation of environmental protection works and measures are not organized by the Department of Natural Resources and Environment, in addition to the composition prescribed in Clause 2 of this Article, the inspection team shall include representatives of the Department of Natural Resources and Environment at the location of the project.

4. In cases where the environmental impact assessment report of the project is approved by the provincial People's Committee, in addition to the composition prescribed in Clause 2 of this Article, the inspection team may include representatives of the environmental protection specialized agency at the district level where the project is located.

Article 41. Principles of Work of Inspection Teams

1. Inspection teams shall operate based on the principle of open discussion among members and between members and representatives of the project owner during meetings and during the actual inspection of completed environmental protection works and measures.

2. Inspection teams shall conduct actual inspections of environmental protection works and measures of the project when the following conditions are met:

a) At least two-thirds (2/3) of the number of inspection team members as decided by the inspection and confirmation agency must be present, including the participation of the Team Leader (or Deputy Team Leader in the absence of the Team Leader) and the Secretary of the inspection team;

The presence of an authorized representative of the project owner.

Article 42. Responsibilities and Authorities of Members of the Inspection Team

1. General responsibilities and authorities of members of the inspection team:

a) Study the inspection request file, confirm the implementation of environmental protection works and measures;

b) Through the Secretary of the inspection team, request the project owner to provide information, documents, data related to the project for reference and study to serve the review and assessment of the actual implementation of environmental protection works and measures reflected in the inspection request file and confirmation;

c) Participate in meetings and activities to inspect the implementation of environmental protection works and measures on-site organized by the inspection and confirmation authority;

d) Dialogue with the project owner regarding the environmental protection works and measures implemented by the project owner during the on-site inspection;

đ) Write comments and assessments on the implementation of environmental protection works and measures according to the model prescribed in Appendix 4.6 of this Circular and submit them to the Secretary of the inspection team for consolidation; bear responsibility before the authority that established the inspection team and before the law for their comments and assessments;

e) Manage provided documents in accordance with the provisions of the law and return them when requested by the inspection and confirmation authority after completing the tasks;

g) Be entitled to remuneration in accordance with current laws when performing tasks such as on-site inspections; attending meetings of the inspection team; writing comments and assessments on the implementation of environmental protection works and measures;

2. Responsibilities and authorities of the Secretary of the inspection team:

In addition to the general responsibilities and authorities stipulated in Clause 1 of this Article, the Secretary of the inspection team also has the following responsibilities and authorities:

a) Contact the project owner, members of the inspection team, relevant organizations, and individuals to arrange the schedule of the inspection team's work;

b) Consolidate the comments and evaluations of the inspection team members and report to the Head of the Team;

c) Prepare a consolidated report on the results of inspecting the implementation of environmental protection works and measures serving the operational phase of the project according to the model prescribed in Appendix 4.7 of this Circular;

d) Draft the inspection record on the implementation of environmental protection works and measures serving the operational phase of the project fully and accurately as prescribed in Article 43 of this Circular;

3. In addition to the general responsibilities and authorities of inspection team members stipulated in Clause 1 of this Article, the Deputy Head of the inspection team also has the responsibilities and authorities of the Head of the inspection team stipulated in Clause 4 of this Article in the absence of the Head of the inspection team;

4. Responsibilities and authorities of the Head of the inspection team:

In addition to the general responsibilities and authorities stipulated in Clause 1 of this Article, the Head of the inspection team also has the following responsibilities and authorities:

a) Overall responsibility for the activities of the inspection team;

b) Assign tasks to inspection team members;

c) Chair and manage meetings of the inspection team;

d) Chair the handling of requests from members of the inspection team, the project owner, and representatives of relevant agencies during the on-site inspection process (if any);

Article 43. Content and Form of Presentation of Inspection Results

1. The results of inspecting the implementation of environmental protection works and measures serving the operational phase of the project and the results of inspecting the files shall be presented in the form of an inspection record on the implementation of environmental protection works and measures serving the operational phase of the project prepared according to the model prescribed in Appendix 4.8 of this Circular;

2. The contents of the inspection record must truthfully and objectively reflect the current status of environmental protection works and measures actually implemented at the time of inspection;

3. The inspection record must be signed by each page by the Head of the inspection team (or the Deputy Head of the inspection team in the absence of the Head of the inspection team), the Secretary of the inspection team, and the authorized representative of the project owner, and signed and clearly noted with their full name and position on the last page.

Article 44. Inspection of the project owner's remediation of remaining contents of works and environmental protection measures

1. The inspection activity of the project owner's remediation of remaining contents of works and environmental protection measures shall be carried out through an inspection team established beforehand or an inspection agency that reconfirms establishment when necessary. In this case, the inspection does not necessarily have to meet all conditions stipulated in point a, Clause 2, Article 41 of this Circular.

2. The inspection record of the project owner's remediation of remaining contents of works and environmental protection measures serving the operation phase of the project shall be implemented according to the model prescribed in Appendix 4.9 of this Circular.

3. For projects approved by the Minister of Natural Resources and Environment for the Environmental Impact Assessment report, after receiving the project owner's report on the remediation of existing issues in the project's dossier and on-site, the inspection agency of the Ministry of Natural Resources and Environment will consider and decide to implement the inspection of the project owner's remediation of remaining contents of works and environmental protection measures in one (01) of the following forms:

a) Re-inspection in accordance with the provisions of Clause 1 and 2 of this Article;

b) Delegating the Department of Natural Resources and Environment where the project is located to conduct the inspection.

4. The Department of Natural Resources and Environment delegated in accordance with point b, Clause 3 of this Article shall be responsible for:

a) Organizing and conducting the inspection of the project owner's remediation of existing issues on-site according to the content stated in the delegation document within twenty (20) working days from the date of receipt of the delegation document;

b) Preparing the inspection record according to the model prescribed in Appendix 4.9 of this Circular;

c) Issuing a notification of the inspection results according to the model prescribed in Appendix 4.10 of this Circular to the delegating agency within five (05) working days from the date of obtaining the inspection results.

Chapter VI

ENVIRONMENTAL PROTECTION COMMITMENT

Article 45. Subjects required to establish and register the environmental protection commitment; contents of the environmental protection commitment

1. The owners of projects, organizations, and individuals proposing production, business, and service activities (hereinafter referred to collectively as the project owner) must establish and register the environmental protection commitment in the following cases:

a) Projects with characteristics, scale, and capacity not included in the list or below the threshold specified in Appendix II of Decree No. 29/2011/NĐ-CP; proposing production, business, and service activities not subject to investment project establishment but generating production waste;

b) Projects or proposals for renovation, expansion, upgrading, or increasing capacity of operating production, business, and service facilities that have registered and confirmed the environmental protection commitment or confirmed compliance with environmental standards or approved and confirmed environmental protection plans but not yet at the level requiring an Environmental Impact Assessment report as stipulated in point b, Clause 1, Article 10 of this Circular.

2. Projects or proposed production, business, and service activities that have registered the environmental protection commitment but have not commenced operations must re-establish and register the environmental protection commitment in the following cases:

a) Changing the implementation location;

b) Not implementing within twenty-four (24) months from the date the environmental protection commitment was registered;

c) Increasing scale, capacity, or changing technology leading to an expanded impact range or increased negative impacts on the environment not caused by waste, or increasing total waste volume or generating new types of waste or waste with higher pollution components than forecasted in the registered environmental protection commitment but not yet at the level requiring an Environmental Impact Assessment report.

Article 46. Documents for Registration of Environmental Protection Commitment

1. The documents for registration of environmental protection commitment for projects required to establish such commitments include:

a) Three (03) copies of the environmental protection commitment with cover page and back cover; structure and requirements for content implementation according to the model prescribed in Appendices 5.1 and 5.2 of this Circular;

b) One (01) investment project (feasibility study report) signed (full name and position clearly stated) by the authorized representative and stamped (if applicable) by the project owner agency.

2. The documents for registration of environmental protection commitment for production, business, and service activities proposals required to establish such commitments include:

a) Three (03) copies of the environmental protection commitment with requirements for structure and content implementation according to the model prescribed in Appendix 5.3 of this Circular;

b) One (01) copy of the proposal for production, business, and service activities certified by the signature of the authorized representative and stamped (if applicable) by the production, business, and service facility.

3. For the subject defined in point b, Clause 1, Article 45 of this Circular, in addition to the documents prescribed in Clause 1 or Clause 2 of this Article, the documents for registration of environmental protection commitment must also include one (01) copy of the document proving the registration of the environmental protection commitment or confirmation that the registered commitment meets environmental standards or confirmation of the environmental protection plan of the operating production, business, and service facility.

4. For the subject defined in Clause 2, Article 45 of this Circular, in addition to the documents prescribed in Clause 1 or Clause 2 of this Article, the documents for registration of environmental protection commitment must also include one (01) copy of the document proving the registration of the environmental protection commitment of the project or previous production, business activity proposal.

Article 47. Implementation of Registration of Environmental Protection Commitment

1. The registration of environmental protection commitment shall be carried out in accordance with Articles 31, 32, and 33 of Decree No. 29/2011/NĐ-CP.

2. The authorization document for the People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee at the commune level) to implement the registration of environmental protection commitment on behalf of the People's Committee of districts, counties, towns directly under provinces (hereinafter referred to as the People's Committee at the district level) shall be implemented according to the model prescribed in Appendix 5.4 of this Circular.

3. The notification document for the project owner, production, business, and service facility owner regarding non-acceptance of the environmental protection commitment shall be implemented according to the model prescribed in Appendix 5.5 of this Circular.

Article 48. Responsibilities of the Project Owner and State Agencies after Registration of Environmental Protection Commitment

1. The responsibilities of the project owner after the registration of the environmental protection commitment are stipulated in Article 35 of Decree No. 29/2011/NĐ-CP and current laws and regulations on environmental protection during project implementation and operation of production, business activities.

2. In the case defined in Clause 2, Article 45 of this Circular, the project owner may only implement changes after registering the environmental protection commitment.

3. After accepting the registration of the environmental protection commitment, the People's Committee at the district level or the People's Committee at the commune level authorized to act have the responsibility to:

a) Notify the project owner in writing according to the model prescribed in Appendix 5.6 of this Circular;

b) Send the environmental protection commitment to relevant agencies as prescribed in Article 34 of Decree No. 29/2011/NĐ-CP;

c) Fulfill the responsibilities prescribed in Article 36 of Decree No. 29/2011/NĐ-CP.

Chapter VII

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 49. Implementation Organization

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, district People's Committees shall be responsible for implementing the reporting system on the activities of strategic environmental assessment review; the activities of environmental impact assessment review and approval; and the registration of environmental protection commitments according to Article 38 of Decree No. 29/2011/NĐ-CP and in accordance with the models prescribed in Appendices 6.1, 6.2, 6.3, and 6.4 of this Circular.

2. The Ministry of Natural Resources and Environment shall instruct the General Department of Environment to arrange the Environmental Impact Assessment and Strategic Environmental Assessment Bureau to act as the central agency for receiving files and serving as the permanent reviewing body for strategic environmental assessment reports and environmental impact assessment reports within the scope of the Ministry of Natural Resources and Environment’s review authority; organize inspections of environmental protection works and measures during the investment preparation phase and construction phase; act as the central agency for receiving files and organizing inspections of environmental protection works and measures serving the operation phase of projects approved by the Minister of Natural Resources and Environment for their environmental impact assessment reports.

3. State management agencies at all levels concerning environmental protection shall enhance investment in information systems related to strategic environmental assessment activities, environmental impact assessment activities, and environmental protection commitments.

Article 50. Provisions for Implementation

1. The Minister, head of a ministerial-level agency, government agency, and Chairpersons of People's Committees at all levels shall organize the implementation of this Circular.

2. This Circular shall take effect from September 2, 2011.

Circular No. 05/2008/TT-BTNMT dated December 8, 2008 of the Ministry of Natural Resources and Environment guiding strategic environmental assessment, environmental impact assessment, and environmental protection commitments, and Circular No. 13/2009/TT-BTNMT dated August 18, 2009 of the Ministry of Natural Resources and Environment stipulating the organization and operation of strategic environmental assessment report review councils and environmental impact assessment report review councils shall cease to be effective from the date this Circular takes effect.

3. During the implementation of this Circular, if difficulties or obstacles arise, ministries, sectors, localities, organizations, and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for guidance and research to amend and supplement accordingly./.