Circular No. 26/2015/TT-BTNMT stipulates detailed environmental protection plans and simplified environmental protection plans.

CIRCULAR

Regulations on detailed environmental protection plans and simple environmental protection plansFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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On the basis of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, issued by the Prime Minister, concerning some mechanisms and financial policies for investment projects under the Clean Development Mechanism;

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

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the General Director of the General Department of Environment and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular to regulate detailed environmental protection plans and simple environmental protection plans,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations for Clause 3, Article 22 of Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on environmental planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans (hereinafter referred to as Decree No. 18/2015/NĐ-CP).

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in the preparation, review, approval of detailed environmental protection plans (hereinafter referred to as detailed plans), and the preparation and registration of simple environmental protection plans (hereinafter referred to as simple plans).

Chapter II

PREPARATION, REVIEW, APPROVAL AND IMPLEMENTATION OF DETAILED PLANS

Article 3. Entities required to prepare detailed plans

Production, business, and service establishments (hereinafter referred to as establishments) that commenced operations before April 1, 2015, with scale and nature equivalent to those required to prepare environmental impact assessment reports as stipulated in Clause 1, Article 12 of Decree No. 18/2015/NĐ-CP but have not obtained approval decisions for such reports, and are detailed in Appendix 1a attached hereto.

Article 4. Documents for requesting review and approval of detailed plans

1. One (01) document requesting review and approval of detailed plans according to the model prescribed in Appendix 2 attached hereto.

2. Seven (07) copies of detailed plans according to the model prescribed in Appendix 3 attached hereto.

3. One (01) CD containing the content of the detailed plan.

Article 5. Seeking opinions on detailed plans

1. During the preparation stage of detailed plans, the establishment's management must send a document along with a summary of the main contents of the detailed plan according to the model prescribed in Appendix 4 attached hereto to the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) where the establishment conducts production, business, and services to seek advisory opinions.

2. Within ten (10) working days from the date of receipt of the establishment's management's document, the People's Committee at the commune level must respond in writing according to the model prescribed in Appendix 5 attached hereto. In cases where the People's Committee at the commune level does not provide written feedback to the establishment's management, it shall be deemed to agree with the contents of the detailed plan.

3. If necessary, the People's Committee at the commune level may require the establishment's management to organize dialogues with community representatives regarding the contents of the detailed plan; the establishment's management has the responsibility to dispatch authorized representatives to participate in the dialogue.

4. Cases not requiring consultation include:

a) Establishments located within industrial parks, export processing zones, high-tech parks, industrial clusters, centralized business and service areas that have been approved by competent authorities for environmental impact assessment reports or detailed plans;

b) Establishments located in marine areas where the administrative management responsibilities of the People's Committee at the commune level have not been clearly defined;

c) Establishments involving national security or defense secrets.

Article 6. Competence to examine and approve detailed project plans

1. The Ministry of Natural Resources and Environment shall organize the examination and approval of detailed project plans for facilities with scale and nature equivalent to those required to prepare environmental impact assessment reports as stipulated in Appendix III issued together with Decree No. 18/2015/NĐ-CP, except for facilities related to security and defense secrets.

2. The Ministry of Public Security and the Ministry of National Defense shall organize the examination and approval of detailed project plans for other facilities related to security and defense secrets and facilities under their decision-making and approval authority, except for cases specified in Clause 1 of this Article.

3. Ministries and agencies at the ministerial level shall organize the examination and approval of detailed project plans for facilities under their decision-making and approval authority, except for cases specified in Clauses 1, 2, and 4 of this Article.

4. Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) shall organize the examination and approval of detailed project plans for facilities within their jurisdiction, except for cases specified in Clauses 1, 2, and 3 of this Article.

Article 7. Examination, Approval, and Time Limit for Examination and Approval of Detailed Project Plans

1. Examination and approval of detailed project plans include the following activities:

a) Reviewing and evaluating the legality and completeness of the application dossier for examination and approval of detailed project plans. In case of non-compliance with regulations, the competent authority shall notify the facility owner in writing within no more than five (05) working days from the date of receipt of the dossier to complete it.

b) Establishing an inspection team to check actual environmental protection work at the facility. The inspection team consists of: the team leader representing the examining and approving authority, a deputy team leader if necessary; representatives from the Department of Natural Resources and Environment where the facility operates (in cases where the detailed project plan is examined and approved by ministries or agencies at the ministerial level), and experts in environmental and related fields of the facility's operations. The decision to establish the inspection team follows the model prescribed in Appendix 6 issued together with this Circular.

Inspection content: checking actual environmental protection work at the facility; measuring and sampling for analysis when necessary. The inspection must be conducted with the participation of at least two-thirds (2/3) of the inspection team members, including the team leader or deputy team leader (if authorized by the team leader) and the presence of an authorized representative of the facility. Team members must provide comments on the detailed project plan of the facility. The inspection results are recorded in an inspection report. The comments of the inspection team members and the inspection report follow the models prescribed in Appendices 7 and 8 issued together with this Circular.

c) Collecting information related to the facility and its detailed project plan; compiling and processing opinions from relevant authorities and experts (if any).

d) Notifying the facility owner in writing about the examination results of the detailed project plan according to one of the three (03) cases: passing without need for revision or supplementation when all inspection team members agree to pass without revision or supplementation; passing subject to revision or supplementation accompanied by specific requirements for revision or supplementation when at least two-thirds (2/3) of the inspection team members agree to pass or pass subject to revision or supplementation; not passing when more than one-third (1/3) of the inspection team members disagree with passing (specifying reasons).

đ) Organizing a review of the content of the detailed project plan completed by the facility owner.

g) Approving the detailed project plan, the model of the approval decision is prescribed in Appendix 9 of this Circular.

2. After receiving the notification of the examination results as stipulated in Point d Clause 1 of this Article, the facility owner is responsible for:

a) In case the detailed project plan is passed without need for revision or supplementation: submitting three (03) copies of the detailed project plan as prescribed in Clause 2 Article 4 of this Circular stamped with a cross-stamp to the examining authority for approval.

b) In case the detailed project plan is passed subject to revision or supplementation: revising and supplementing the plan according to the requirements and submitting three (03) copies of the detailed project plan as prescribed in Clause 2 Article 4 of this Circular stamped with a cross-stamp along with one (01) CD containing the revised project plan and a written explanation of the revisions and supplements to the competent authority for consideration and approval. The maximum time limit for revising and resubmitting to the competent authority is thirty (30) working days from the date of the examining authority's notification.

c) In case the detailed project plan is not passed: preparing a new detailed project plan and submitting it to the competent authority for examination and approval. The time limit for re-examination of the detailed project plan is carried out as prescribed in Clause 3 of this Article.

3. The time limit for examination and approval of detailed project plans is regulated as follows:

a) A maximum of forty (40) working days from the date of receipt of a complete and valid dossier for detailed project plans within the competence of the authorities specified in Clauses 1, 2, and 3 of Article 6 of this Circular.

b) A maximum of twenty-five (25) working days from the date of receipt of a complete and valid dossier for detailed project plans within the competence of the authorities specified in Clause 4 of Article 6 of this Circular.

c) The time limits prescribed in Points a and b of this Clause do not include the time for the facility owner to complete the dossier as prescribed in Point b Clause 2 of this Article.

Article 8. Signing, stamping confirmation and sending detailed project proposal

1. After issuing the decision to approve the detailed project proposal, the competent authority shall sign and stamp confirmation on the back cover page of the detailed project proposal according to the model prescribed in Appendix 10a issued together with this Circular.

2. Responsibilities of the approving and verifying authorities:

a) The Ministry of Natural Resources and Environment shall send one (01) copy of the decision to approve along with the approved detailed project proposal to the facility owner; send one (01) decision to approve the detailed project proposal to the Department of Natural Resources and Environment where the facility operates.

b) The Ministry of National Defense and the Ministry of Public Security shall send the decision to approve and the approved detailed project proposal according to the specific regulations on security and defense.

c) Ministries and agencies at the ministerial level shall send one (01) copy of the decision to approve along with the approved detailed project proposal and confirmation to the facility owner; send the decision to approve the detailed project proposal to the Ministry of Natural Resources and Environment and the Department of Natural Resources and Environment where the facility operates.

d) The People's Committee of the province shall send one (01) copy of the decision to approve along with the approved detailed project proposal and confirmation to the facility owner; send the decision to approve the detailed project proposal to the Ministry of Natural Resources and Environment, the Department of Natural Resources and Environment, the People's Committee of the district, town, city (hereinafter referred to as the People's Committee of the district), and the People's Committee of the commune where the facility operates.

3. The Department of Natural Resources and Environment shall make copies of the decisions to approve the detailed project proposals approved by ministries and agencies at the ministerial level and send them to the People's Committee of the district and the People's Committee of the commune where the facility operates.

Article 9. Implementation of the detailed project proposal after approval for facilities that have not completed environmental protection works

1. Responsibilities of the facility owner:

a) Invest, construct, and renovate environmental protection works to ensure waste treatment meets national technical standards for the environment within the time limit specified in the decision to approve the detailed project proposal;

b) Report in writing the progress of implementing the detailed project proposal according to the time frame stipulated in the decision to approve to the approving and verifying authority according to the model prescribed in Appendix 11 issued together with this Circular for monitoring and inspection;

c) After completing all environmental protection works as required in the decision to approve the detailed project proposal, submit a written report on the completion of all works to the approving and verifying authority for inspection according to the model prescribed in Appendix 12 of this Circular;

d) In case there are changes in content compared to the approved project proposal but not to the extent requiring a new environmental impact assessment report or detailed project proposal under current regulations, must report in writing to the approving and verifying authority for consideration and approval.

2. Responsibilities of the approving and verifying authorities:

a) Monitor and inspect the implementation of the detailed project proposal they have approved according to the content and schedule specified in the decision to approve the detailed project proposal;

b) Based on the facility owner's report on the completion of environmental protection works or upon reaching the deadline for completing such works as required in the decision to approve the detailed project proposal, the approving and verifying authority shall conduct inspections on the detailed project proposals within their jurisdiction;

c) Inspection contents include: investment construction, renovation, operation, and effectiveness of environmental protection works and measures; progress of implementation as stipulated in the decision to approve the detailed project proposal.

Chapter III

PREPARATION AND REGISTRATION OF SIMPLE PROJECT PROPOSALS

Article 10. Subjects required to prepare a simple project proposal

Facilities that commenced operations before April 1, 2015, with scale and nature equivalent to those specified in Clause 1, Article 18 of Decree No. 18/2015/NĐ-CP but without an environmental protection commitment letter, shall be detailed in Appendix 1b attached hereto.

Article 11. Documents for registering a simple project proposal

1. One (01) registration document for a simple project proposal of the facility owner according to the form prescribed in Appendix 13 attached hereto;

2. Three (03) copies of the simple project proposal; if necessary, upon request from the competent authority, the facility owner shall submit additional copies of the simple project proposal as required. The cover, supplementary cover, contents, and structure of the simple project proposal are regulated as follows:

a) For facilities registered at the Department of Natural Resources and Environment or the People's Committee of the district, the provisions of Appendix 14a attached hereto shall apply;

b) For facilities registered at the People's Committee of the commune, the provisions of Appendix 14b attached hereto shall apply.

Article 12. Competent authority, time limit for confirming registration of a simple project proposal

1. The Department of Natural Resources and Environment shall confirm the registration of a simple project proposal in the following cases:

a) The facility is located in two or more districts;

b) The facility is located in a marine area where waste is discharged into the provincial territory for treatment;

c) The facility has scale and nature equivalent to those within the jurisdiction of confirming the registration of an environmental protection plan under the laws on strategic environmental assessment, environmental impact assessment, and environmental protection plans.

2. The People's Committee of the district shall confirm the registration of a simple project proposal, except for the cases stipulated in Clause 1 of this Article.

3. The People's Committee of the commune shall confirm the registration of a simple project proposal when authorized in writing by the People's Committee of the district.

4. Within ten (10) working days from the date of receiving complete application documents for confirming the registration of a simple project proposal, the competent authority shall confirm in writing according to the form prescribed in Appendix 15 attached hereto. In case of non-confirmation, the competent authority shall notify in writing and specify the reasons.

Article 13. Signing, stamping confirmation and submitting a simple project proposal

1. After the simple project proposal has been confirmed for registration, the confirming authority shall sign and stamp the confirmation on the back of the supplementary cover page of the simple project proposal according to the form prescribed in Appendix 10b attached hereto.

2. Responsibilities of the confirming authority:

a) The Department of Natural Resources and Environment shall send one (01) paper copy of the confirmation along with the confirmed simple project proposal to the facility owner; send one (01) copy of the confirmed project proposal to the People's Committee of the district where the facility operates;

b) The People's Committee of the district shall send one (01) paper copy of the confirmation along with the confirmed simple project proposal to the facility owner; send one (01) copy of the confirmed project proposal to the Department of Natural Resources and Environment and the People's Committee of the commune where the facility operates;

c) The People's Committee of the commune shall send one (01) copy of the registration confirmation along with the confirmed simple project proposal to the facility owner; send one (01) copy of the confirmed project proposal to the People's Committee of the district.

Article 14. Implementation of a simple project proposal

1. Responsibilities of the facility owner:

a) Implement environmental protection requirements according to the contents of the confirmed registered simple project proposal;

b) In case of an environmental incident, operations must be halted, remedial measures taken, and immediate notification given to the People's Committee of the commune, the People's Committee of the district where the facility operates, and relevant authorities.

2. Responsibilities of the confirming authority:

a) Inspect the implementation of environmental protection requirements according to the confirmed simple project proposal;

b) Receive and process complaints about environmental protection from related agencies, organizations, and individuals during the production and business activities of the facility owner.

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 15. Financial regime for the preparation, review, and approval of environmental protection programs

The financial regime for the preparation, review, approval, inspection of detailed implementation of environmental protection programs, and the preparation and registration of simple environmental protection programs shall be carried out in accordance with the provisions of the law.

Article 16. Transitional Provisions

1. Facilities that have been approved for detailed environmental protection programs and confirmed to have completed environmental protection works and measures; facilities that have been confirmed for simple environmental protection programs before this Circular takes effect shall continue to implement according to the contents and requirements already approved and confirmed.

2. Facilities that have been approved for detailed environmental protection programs but have not yet been confirmed by competent authorities to have completed environmental protection works and measures before this Circular takes effect shall comply with the provisions of Article 9 of this Circular and are not required to submit applications for confirmation of completion of environmental protection works and measures.

3. Applications for review and approval of detailed environmental protection programs and registration for confirmation of simple environmental protection programs submitted to competent authorities before December 31, 2014 but not yet approved or confirmed before this Circular takes effect shall continue to be implemented according to the legal provisions at the time of submission. In this case, facilities are not required to submit applications for confirmation of completion of environmental protection works and measures for detailed environmental protection programs but must comply with the provisions of Article 9 of this Circular; for those registering simple environmental protection programs after confirmation, in addition to implementing the requirements and contents regarding environmental protection, they must also comply with the provisions of Article 14 of this Circular.

Article 17. Implementation Organization

1. The Ministry of Natural Resources and Environment assigns the General Department of Environment to be the reviewing authority and to submit detailed environmental protection programs within its jurisdiction for approval to the Ministry of Natural Resources and Environment.

2. Ministries, agencies equivalent to ministries, provincial People's Committees assign specialized agencies to review and submit detailed environmental protection programs within their jurisdiction for approval to the ministries, agencies equivalent to ministries, and provincial People's Committees.

3. Departments of Natural Resources and Environment, district-level People's Committees, commune-level People's Committees organize the registration of simple environmental protection programs within their confirmation jurisdiction.

Article 18. Effectiveness and Responsibility for Enforcement

1. This Circular takes effect from July 15, 2015, and replaces Circular No. 01/2012/TT-BTNMT dated March 16, 2012, issued by the Minister of Natural Resources and Environment on the establishment, review, approval, and inspection, confirmation of detailed environmental protection programs; establishment and registration of simple environmental protection programs, and Circular No. 22/2014/TT-BTNMT dated May 5, 2014, issued by the Minister of Natural Resources and Environment guiding the implementation of Decree No. 35/2014/NĐ-CP dated April 29, 2014, of the Government amending and supplementing certain articles of Decree No. 29/2011/NĐ-CP dated April 18, 2011, of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment.

2. Ministers, heads of agencies equivalent to ministries, chairpersons of all levels of People's Committees shall organize the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, it is requested that relevant agencies, organizations, and individuals promptly reflect these issues to the Ministry of Natural Resources and Environment for study, amendment, and supplementation to ensure appropriateness./.