Circular No. 27/2015/TT-BTNMT on Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Protection Plan

CIRCULAR

Regarding strategic environmental assessment, environmental impact assessment and environmental protection plansg

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Pursuant to the Environmental Protection Law on June 23, 2014;

Pursuant to 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;

Considering the proposal of the General Director of the Environment Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular to provide detailed regulations on strategic environmental assessment, environmental impact assessment, and environmental protection plans.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed implementation of point c Clause 1 Article 32 of the Environmental Protection Law 2014; Clause 5 Article 8, Clause 7 Article 12, Clause 4 and Clause 6 Article 14, Clause 2 Article 16, Clause 4 Article 17, Clause 5 Article 19, and Clause 4 Article 21 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 strategic environmental assessment, environmental impact assessment, and environmental protection plans.

Chapter II

STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 3. Implementation of Strategic Environmental Assessment

1. Agencies assigned the task of developing strategies, plans, or programs listed in Appendix I issued together with Decree No. 18/2015/NĐ-CP shall be responsible for preparing and submitting the dossier for the review of the strategic environmental assessment report in accordance with Clause 2 Article 8 of Decree No. 18/2015/NĐ-CP. The dossier for the review of the strategic environmental assessment report shall be sent directly or via postal service to the reviewing agency, including:

a) One (01) request for review of the strategic environmental assessment report in accordance with the form prescribed in Appendix 1.1 of this Circular;

b) Nine (09) copies of the strategic environmental assessment report and nine (09) drafts of the strategy, plan, or program. In cases where the number of members of the review board exceeds nine (09), the agency assigned the task of developing the strategy, plan, or program must provide additional copies of the strategic environmental assessment report. The cover page, back cover, and requirements regarding the structure and content of the strategic environmental assessment report shall be implemented according to the corresponding forms prescribed in Appendices 1.2 and 1.3 of this Circular.

2. In cases of amending strategies, plans, or programs as stipulated in Clause 4 Article 8 of Decree No. 18/2015/NĐ-CP:

a) The agency drafting the strategy, plan, or program shall send to the Ministry of Natural Resources and Environment one (01) explanatory document detailing the amended contents of the strategy, plan, or program and related environmental issues, along with one (01) draft amendment to the strategy, plan, or program;

b) Within twenty (20) working days, the Ministry of Natural Resources and Environment shall be responsible for reviewing and providing comments in writing to the agency drafting the strategy, plan, or program and the approving agency.

Article 4. Review of Strategic Environmental Assessment Reports

1. The review of strategic environmental assessment reports shall be conducted through a review board established by the head of the reviewing agency in accordance with the structure and composition specified in Clause 1 of Article 10 of Decree No. 18/2015/NĐ-CP.

2. The activities of the review board for strategic environmental assessment reports are regulated in Chapter V of this Circular.

3. The time limit for reviewing strategic environmental assessment reports is stipulated in Clause 4 of Article 10 of Decree No. 18/2015/NĐ-CP; in cases where the dossier is incomplete or invalid, within a maximum period of five (05) working days from the date of receipt of the dossier, the reviewing agency shall issue a notification to the agency requesting the review of the strategic environmental assessment report to inform, supplement, and perfect it.

Article 5. Incorporating Review Comments and Reporting on the Results of Strategic Environmental Assessment Report Reviews

1. The agency assigned the task of developing strategies, plans, and programs shall be responsible for studying and incorporating the comments of the review board and submitting them back to the reviewing agency:

a) One (01) explanatory document regarding the incorporation of the review board's comments on the strategic environmental assessment report, prepared according to the model prescribed in Appendix 1.4 of this Circular;

b) One (01) copy of the strategic environmental assessment report attached with one (01) copy recorded on a CD; one (01) draft strategy, plan, or program that has been completed based on research and incorporation of the review board's comments.

2. Within a maximum period of fifteen (15) working days from the date of receipt of the completed strategic environmental assessment report, based on research and incorporation of the review board's comments, sent by the agency assigned the task of developing strategies, plans, and programs, the agency reviewing the strategic environmental assessment report shall be responsible for reporting to the competent authority for approval of the strategy, plan, or program about the results of the review of the strategic environmental assessment report according to the model prescribed in Appendix 1.5 of this Circular.

Chapter III

ENVIRONMENTAL IMPACT ASSESSMENT

Article 6. Dossier for Requesting Review of Environmental Impact Assessment Reports

The project proponent of the objects specified in Clause 5 of Article 33 of the 2014 Law on Environmental Protection and Clause 1 of Article 12 of Decree No. 18/2015/NĐ-CP shall be responsible for preparing and submitting to the competent authority for review of the environmental impact assessment report as stipulated in Clause 1 of Article 14 of Decree No. 18/2015/NĐ-CP. The dossier for requesting review includes:

1. One (01) request for review of the environmental impact assessment report prepared according to the model prescribed in Appendix 2.1 of this Circular.

2. Seven (07) copies of the environmental impact assessment report of the project. In cases where the number of members of the review board exceeds seven (07), the project proponent must provide additional copies of the environmental impact assessment report. The cover page format, back cover page format, and requirements for the structure and content of the environmental impact assessment report shall be implemented according to the corresponding models prescribed in Appendices 2.2 and 2.3 of this Circular.

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

Article 7. Consultation During the Implementation of Environmental Impact Assessment

1. The project proponent must implement consultation as prescribed in Clauses 4, 5, and 6 of Article 12 of Decree No. 18/2015/NĐ-CP.

2. The document of the project proponent requesting opinions for consultation shall be prepared according to the model prescribed in Appendix 2.4 of this Circular.

3. The reply document of the agency or organization requested for consultation opinions shall be prepared according to the model prescribed in Appendix 2.5 of this Circular.

4. The minutes of the meeting for consulting the affected community directly impacted by the project shall be prepared according to the model prescribed in Appendix 2.6 of this Circular.

5. During the consultation process, the project proponent is responsible for ensuring that the document requesting consultation opinions accompanies the environmental impact assessment report and is sent to the agencies and organizations for consultation.

6. The deadline for written replies from the agencies and organizations consulted is a maximum of fifteen (15) working days from the date of receipt of the document requesting consultation opinions sent by the project proponent.

7. In cases where the project is located in areas involving two (02) communes or more, the project proponent may choose the form of a community consultation meeting directly affected by the project, either by commune or inter-commune.

Article 8. Environmental Impact Assessment Report Review

1. The review of the Environmental Impact Assessment Report shall be conducted through a review board, except for cases stipulated in Clause 5, Article 14 of Decree No. 18/2015/NĐ-CP.

2. The time limit for reviewing the Environmental Impact Assessment Report is specified in Clause 2, Article 14 of Decree No. 18/2015/NĐ-CP; in cases where the dossier is incomplete or invalid, within a maximum period of five (05) working days from the date of receipt of the dossier, the reviewing agency must issue a written notice to the project proponent.

3. During the review process, the reviewing agency may carry out the following activities:

a) Surveying and verifying information and data on the current environmental status at the project implementation site and adjacent areas;

b) Collecting samples for analysis and verification;

c) Organizing opinions from experts, social organizations, and occupational associations to critique the contents of the Environmental Impact Assessment Report;

d) Organizing specialized evaluation meetings.

4. The activities of the Environmental Impact Assessment Report review board shall be carried out in accordance with the provisions of Chapter V of this Circular.

Article 9. Approval of the Environmental Impact Assessment Report

1. After the Environmental Impact Assessment Report has been reviewed and approved without requiring amendments or supplements, or approved subject to amendments or supplements, the project proponent shall complete and submit to the reviewing agency the dossier requesting approval of the Environmental Impact Assessment Report, including:

a) One (01) request for approval of the Environmental Impact Assessment Report, clearly explaining the contents that have been amended or supplemented according to the conclusions of the review board, except in cases where no amendments or supplements are required;

b) The Environmental Impact Assessment Report bound in hardcover, signed by the project proponent on each page of the report, including appendices (except for the cover page implemented according to the model prescribed in Appendix 2.2 of this Circular), in sufficient quantity to be sent to the addresses specified in Clause 3, Article 9 of this Circular, accompanied by one (01) CD containing one (01) electronic file in ".doc" format containing the content of the report and one (01) electronic file in ".pdf" format containing the scanned content of the entire report (including appendices).

2. Upon receiving the dossier requesting approval of the Environmental Impact Assessment Report submitted by the project proponent, the reviewing agency shall be responsible for:

a) Within twenty (20) working days from the date of receipt of the dossier requesting approval of the Environmental Impact Assessment Report, the head or person in charge of the reviewing agency shall issue a decision approving the Environmental Impact Assessment Report according to the model prescribed in Appendix 2.7 of this Circular and confirm on the back of the cover page of the approved Environmental Impact Assessment Report according to the model prescribed in Appendix 2.8 of this Circular;

b) In cases where the conditions for approval are not met or the report is not approved, a written notice specifying the reasons must be issued within ten (10) working days from the date of receipt of the dossier requesting approval of the Environmental Impact Assessment Report.

3. The reviewing agency of the Environmental Impact Assessment Report shall send the approval decision and the approved Environmental Impact Assessment Report to the project proponent and relevant agencies as follows:

a) For the Environmental Impact Assessment Report under the authority of the Ministry of Natural Resources and Environment to organize review and approval: send the approval decision along with the Environmental Impact Assessment Report to the People's Committee of the province where the project is implemented;

b) For the Environmental Impact Assessment Report under the authority of other Ministries and ministerial-level agencies to organize review and approval: send the approval decision to the Ministry of Natural Resources and Environment, send the approval decision along with the Environmental Impact Assessment Report to the People's Committee of the province where the project is implemented, except for projects within the scope of state secrets related to national defense and security;

c) For the Environmental Impact Assessment Report under the authority of the provincial People's Committee to review: send the approval decision of the Environmental Impact Assessment Report to the Ministry of Natural Resources and Environment, the People's Committee of the district, and the People's Committee of the commune where the project is implemented; send the approval decision along with the Environmental Impact Assessment Report to the Department of Natural Resources and Environment and to the Industrial Park Management Board in cases where the project is implemented within an industrial park.

4. Upon receiving the approval decision of the Environmental Impact Assessment Report sent by the Ministries and ministerial-level agencies, the People's Committee of the province shall make copies and send them to the Department of Natural Resources and Environment, the People's Committee of the district, the People's Committee of the commune where the project is implemented, and the Industrial Park Management Board for projects implemented within an industrial park.

Article 10. Responsibilities of the project owner after the environmental impact assessment report has been approved

1. Implement the contents prescribed in Article 16 of Decree No. 18/2015/NĐ-CP.

2. Develop an environmental management plan based on the environmental management and monitoring program proposed in the approved environmental impact assessment report; if there is a change to the environmental management and monitoring program, the environmental management plan must be updated and submitted to the People's Committee of the commune in accordance with Clause 3 of this Article. The cover page format, back cover page format, and requirements for structure and content shall be implemented according to the corresponding models prescribed in Appendices 2.9 and 2.10 of this Circular.

3. Submit the environmental management plan to the People's Committee of the commune where opinions were sought during the implementation of the environmental impact assessment for public display before construction begins. The form of the document that the project owner sends to the People's Committee of the commune for public display of the environmental management plan shall be implemented according to the provisions in Appendix 2.11 of this Circular.

4. Notify the trial operation plan for waste treatment facilities to organizations that conducted consultations and the agency that approved the environmental impact assessment report according to the model prescribed in Appendix 2.12 of this Circular; operate the trial run of waste treatment facilities simultaneously with the trial run of the project. In case of causing an environmental incident, immediately stop the trial operation activities and promptly report to the competent state management authority for guidance on resolution; bear responsibility for remedying the environmental incident and compensating losses in accordance with the law.

5. In cases where economic zones, industrial parks, export processing zones, high-tech parks, industrial clusters, centralized business and service areas accept investment projects not in line with the industries attracting investment in the approved environmental impact assessment report of infrastructure construction projects but not reaching the level requiring a new environmental impact assessment report as stipulated in point c, Clause 1, Article 15 of Decree No. 18/2015/NĐ-CP, the investor of the infrastructure construction project must submit an explanatory letter to the agency that approved the environmental impact assessment report and only proceed with investment acceptance procedures after receiving written approval from the agency that approved the environmental impact assessment report.

6. In cases of changes in the project owner, the new project owner shall continue to implement the approved environmental impact assessment report.

Article 11. Delegation to Industrial Park Management Boards to review and approve environmental impact assessment reports

1. Provincial People's Committees may delegate to Industrial Park Management Boards the authority to review and approve environmental impact assessment reports when the Industrial Park Management Boards have established an Environmental Management Department and have at least five (5) staff members specializing in environmental protection.

2. The delegation provided for in Clause 1 of this Article shall only apply to projects within the scope of provincial People's Committees' authority to review and approve environmental impact assessment reports, which are invested in industrial parks that have completed the construction of centralized wastewater treatment plants or have been confirmed by competent authorities to have completed environmental protection works in accordance with the law.

3. Provincial People's Committees shall send a document to the Ministry of Natural Resources and Environment requesting comments on the delegation to review and approve environmental impact assessment reports according to the model prescribed in Appendix 2.13 of this Circular. Within fifteen (15) working days, the Ministry of Natural Resources and Environment shall provide a written response to the provincial People's Committees.

4. Based on the Ministry of Natural Resources and Environment's approval, provincial People's Committees shall delegate to Industrial Park Management Boards the authority to review and approve environmental impact assessment reports through a decision according to the model prescribed in Appendix 2.14 of this Circular.

5. Industrial Park Management Boards shall fulfill tasks within the scope of their delegated authority in the role of provincial People's Committees in reviewing and approving environmental impact assessment reports as stipulated in Clauses 2, 3, 4, and 5 of Article 14 of Decree No. 18/2015/NĐ-CP; regularly report to provincial People's Committees; and be subject to inspection and guidance by provincial People's Committees and Provincial Departments of Natural Resources and Environment in accordance with the law.

Chapter IV

INSPECTION AND CONFIRMATION OF ENVIRONMENTAL PROTECTION WORKS SERVING THE OPERATING STAGE OF THE PROJECT

Article 12. Report on the results of implementing environmental protection works serving the operation phase of the project

1. The project owner of the objects specified in Column 4 of Appendix II to Decree No. 18/2015/NĐ-CP must prepare a report file on the results of implementing environmental protection works serving the operation phase of the project and submit it to the authority that approved the environmental impact assessment report for inspection and consideration to issue a confirmation certificate in accordance with Clause 6, Article 16 of Decree No. 18/2015/NĐ-CP.

2. The report file on the results of implementing environmental protection works serving the operation phase of the project includes:

a) One (01) request for inspection and confirmation of completion of environmental protection works implemented in accordance with the model prescribed in Appendix 3.1 of this Circular;

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

c) Seven (07) copies of the report on the results of implementing environmental protection works serving the operation phase of the project prepared in accordance with the model prescribed in Appendix 3.2 of this Circular. In cases where the project is located in areas of two (02) provinces or centrally-run cities or more, the project owner must submit additional reports equal to the number of additional provinces for inspection purposes.

3. Where the project has multiple investment phases or independent components, the project owner may prepare a report file on the results of implementing environmental protection works serving the operation phase for each investment phase or for each independent component of the project provided that environmental protection works serving the operation phase have been completed for each investment phase or for each independent component of the project.

4. For projects approved under the Environmental Protection Law of 1993 or the Environmental Protection Law of 2005 but not included in the list specified in Column 4 of Appendix II to Decree No. 18/2015/NĐ-CP, the project owner is exempted from the obligation to prepare a report file on the results of implementing environmental protection works serving the operation phase of the project.

Article 13. Inspection of environmental protection works serving the operation phase of the project

1. The inspection of environmental protection works serving the operation phase of the project is conducted through an inspection team established by the head of the authority that approved the environmental impact assessment report or the authorized agency (hereinafter referred to as the inspection agency). The decision to establish the inspection team for the implementation of environmental protection works serving the operation phase of the project shall be made in accordance with the model prescribed in Appendix 3.3 of this Circular.

2. The composition of the inspection team includes: civil servants of the inspection agency and environmental experts related to the project's field, with a structure comprising: Team Leader, one (01) Deputy Team Leader if necessary, one (01) Secretary, and several members.

3. In cases where the inspection of environmental protection works serving the operation phase of the project is 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 will also include representatives of the Department of Natural Resources and Environment where the project is being carried out.

4. In cases where the environmental impact assessment report of the project falls within the approval authority of the provincial People's Committee, in addition to the composition prescribed in Clause 2 of this Article, the head of the inspection agency decides to invite representatives of the specialized agencies on environmental protection at the district level where the project is being carried out to participate in the inspection team.

Article 14. Principles of Work for the Inspection Team

1. The inspection team operates 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 environmental protection works that have been implemented.

2. The actual inspection of environmental protection works of the project shall be conducted when:

a) At least two-thirds (2/3) of the number of inspection team members participate, including the Head of the Team (or Deputy Head of the Team if authorized by the Head) and the Secretary of the inspection team;

b) A representative with authority from the project owner participates.

Article 15. Responsibilities and Authorities of Members of the Inspection Team

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

a) Study the application for inspection, confirm the completion of environmental protection works serving the operational phase of the project;

b) Participate in meetings of the inspection team and activities to inspect the completion of environmental protection works of the project;

c) Dialogue with the project owner regarding environmental protection works carried out by the project owner during the actual inspection process;

d) Write comments and evaluations on the implementation of environmental protection works according to the model specified in Appendix 3.4 of this Circular and submit them to the Head of the Inspection Team (through the Secretary) for consolidation; bear legal responsibility for their comments and evaluations;

đ) Manage provided documents in accordance with the law and return them upon request of the inspection authority after completing the task;

e) Receive remuneration according to current laws during on-site inspections.

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

In addition to the 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) Draft the minutes of the inspection of the completion of environmental protection works of the project.

3. The Deputy Head of the inspection team has the responsibilities and authorities of a member of the team as stipulated in Clause 1 of this Article and those of the Head of the inspection team as stipulated in Clause 4 of this Article when authorized by the Head of the Team.

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

In addition to the 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 recommendations from members of the inspection team, the project owner, and representatives of related agencies during the actual inspection process and issue conclusions;

đ) In cases where necessary, decide on the measurement, sampling, and analysis of environmental indicators of waste before disposal to verify according to current laws.

Article 16. Content and Form of Presentation of Results of Inspections of Environmental Protection Works Serving the Operational Phase of the Project

1. The results of inspections of environmental protection works of the project must be presented in the form of inspection minutes prepared according to the model specified in Appendix 3.5 of this Circular.

2. The content of the inspection minutes must truthfully and objectively reflect the actual status of environmental protection works completed at the time of inspection.

3. On the day of concluding the inspection, the inspection minutes must be signed by each page by the Head of the Inspection Team (or Deputy Head of the Inspection Team if authorized by the Head of the Inspection Team), the Secretary of the inspection team, and a representative with authority from the project owner, who must sign and write their full name and position on the last page.

Article 17. Issuance of Certificate for Completion of Environmental Protection Works

1. Based on the inspection results, in cases where the environmental protection works serving the operational phase of the project have been constructed in accordance with the approved environmental impact assessment report and the approval document allowing adjustments or changes issued by the approving authority (if any), within the time limit stipulated in Clause 2, Article 17 of Decree No. 18/2015/NĐ-CP, the inspecting agency shall issue a certificate for completion of environmental protection works serving the operational phase of the project. In cases where the environmental protection works serving the operational phase of the project have not met the requirements, within five (05) working days from the end of the inspection, the inspecting agency shall notify the project owner in writing.

2. The project owner is responsible for addressing the remaining issues related to the environmental protection works serving the operational phase of the project and reporting to the inspecting agency for review and confirmation. The inspecting agency is responsible for reviewing and issuing the certificate or providing a written response to the project owner within five (05) working days.

3. The model of the certificate for completion of environmental protection works serving the operational phase of the project is specified in Appendix 3.6 of this Circular.

Chapter V

ENVIRONMENTAL IMPACT ASSESSMENT REPORT REVIEW BOARD

STRATEGIC PLAN, ENVIRONMENTAL IMPACT ASSESSMENT REPORT REVIEW BOARD

TÁC ĐỘNG MÔI TRƯỜNG

Article 18. Composition and Working Principles of the Environmental Impact Assessment Report Review Board for Strategic Plans and Environmental Impact Assessment Reports

1. The Environmental Impact Assessment Report Review Board for Strategic Plans and Environmental Impact Assessment Reports (hereinafter referred to collectively as the Review Board) shall be established for each strategic environmental impact assessment report and each environmental impact assessment report according to the model prescribed in Appendix 4.1 of this Circular.

2. The Review Board is responsible for advising the Head of the Authority or the head of the reviewing agency; it is liable under the law and to the reviewing agency for the results of the review.

3. The Review Board operates based on the principle of open discussion among members of the Review Board and between the Review Board and the agency tasked with developing the strategy, plan, program, or project owner (hereinafter referred to collectively as the project owner).

4. The activities of the Review Board are carried out through the permanent reviewing agency according to its functions and tasks assigned by the competent authority. The responsibilities of the permanent reviewing agency are stipulated in Article 25 of this Circular.

Article 19. Conditions and Criteria for Positions in the Review Board

1. The Chairman or Vice-Chairman of the Board must be an environmental specialist or a specialist in the relevant field of the project with at least seven (07) years of experience if they hold a bachelor's degree, at least five (05) years of experience if they hold a master's degree, at least three (03) years of experience if they hold a doctoral degree, or must be a leader of the reviewing agency or the permanent reviewing agency.

2. The member providing critical feedback must be an environmental specialist or a specialist in the relevant field of the project with at least seven (07) years of experience if they hold a bachelor's degree, at least five (05) years of experience if they hold a master's degree, at least three (03) years of experience if they hold a doctoral degree.

3. The secretary member must be a civil servant of the permanent reviewing agency.

4. The board member must be an environmental specialist or a specialist in a field related to the project with at least three (03) years of experience if they hold a bachelor's degree, at least two (02) years of experience if they hold a master's degree, at least one (01) year of experience if they hold a doctoral degree.

Article 20. Responsibilities of Council Members

1. Review 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 and survey activities organized during the examination of strategic environmental assessment reports and environmental impact assessment reports as arranged by the competent authority for examination.

3. Write specialized reports to serve the examination of strategic environmental assessment reports and environmental impact assessment reports as assigned 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 4.2 of this Circular and submit them to the competent authority for examination at least one (01) working day before the formal meeting of the examination council; present the comments at the formal meeting of the examination council.

5. Write examination certificates for strategic environmental assessment reports and environmental impact assessment reports according to the model prescribed in Appendix 4.3 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 proponent after the formal meeting of the examination council upon written request from 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. Be responsible to the examination authority and the law for comments and evaluations made regarding strategic environmental assessment reports and environmental impact assessment reports and the contents of work assigned during the examination process.

Article 21. Powers of Council Members

1. Council members have the following powers:

a) Request the competent authority for examination to provide documents related to the application file for examination for research and evaluation;

b) Request the competent authority for examination to organize meetings, specialized conferences, and other activities to directly serve the examination;

c) Attend council meetings; participate in specialized conferences, seminars, and other activities to directly serve the examination as arranged by the competent authority for examination;

d) Directly dialogue with the project proponent and the consulting unit preparing the strategic environmental assessment report and environmental impact assessment report at the council meeting; reserve the right to hold different opinions from the council's conclusion.

2. Receive remuneration according to the current financial regulations when performing tasks; be reimbursed for travel expenses, meals, accommodation, and other expenses as stipulated by law when participating in council activities.

Article 22. Responsibilities and Powers of the Chairman, Vice-Chairman, and Reviewing Member of the Council

1. The Chairman of the Council has the responsibilities and powers of Council Members as prescribed in Articles 20 and 21 of this Circular, and also has the following responsibilities and powers:

a) Chairing meetings of the Appraisal Board;

b) Handling opinions raised at Appraisal Board meetings and concluding the meetings;

c) Sign the minutes of the meeting and be responsible to the examination authority and the law for conclusions made in council meetings.

2. The Vice-Chairman of the Council has the responsibilities and powers of Council Members as prescribed in Articles 20 and 21 of this Circular and those of the Chairman when authorized by the Chairman.

3. The Reviewing Member has the responsibilities and powers as prescribed in Clauses 1, 2, 3, 5, 6, 7, and 8 of Article 20 and Article 21 of this Circular; write comments on the content of strategic environmental assessment reports and environmental impact assessment reports according to the corresponding models prescribed in Appendices 4.4 and 4.5 of this Circular.

Article 23. Responsibilities and Authorities of the Secretary Member

In addition to the responsibilities and authorities of the council member stipulated in Articles 20 and 21 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 Chairman of the Council on the main issues of the dossier based on self-study and synthesis of opinions from members of the review council.

3. Inform the review council about the comments of non-attending members of the review council and written opinions of the Department of Natural Resources and Environment sent to the permanent review body (if any).

4. Record and sign minutes of meetings of the review council; be responsible for the completeness and truthfulness of the content of meeting minutes of the review council.

5. Prepare documentation for settlement of accounts for activities of the review council.

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

Article 24. Responsibilities and Authorities of the Council Member Representing the Department of Natural Resources and Environment Participating in the Review Council Established by Ministries and Equivalent Agencies

In addition to the responsibilities and authorities corresponding to their specific positions within the council, the council member representing the Department of Natural Resources and Environment participating in the review council established by ministries and equivalent agencies shall also have the following responsibilities and authorities:

1. Collect and provide relevant information and documents related to strategies, plans, projects, and programs to the review council; be responsible for the information and documents provided to the review council.

2. In cases where they do not participate in the activities of the review council, they may authorize another person from the same agency to participate with the same responsibilities and authorities as themselves.

Article 25. Responsibilities of the Permanent Review Body

1. Draft the decision to establish the review council, submit it for consideration and decision by the head of the reviewing authority.

2. Contact and request the project proponent to provide additional relevant materials when necessary and send them to members of the review council within five (05) working days from the date of the decision to establish the review council.

3. Collect and provide relevant information related to strategies, plans, projects, and programs to the review council.

4. Organize meetings of the review council and activities specified in Clause 3, Article 10 of Decree No. 18/2015/NĐ-CP and Clause 3, Article 8 of this Circular.

5. Announce the results of the review and requirements related to completing the review dossier within no more than five (05) working days after the final meeting of the review council. The announcement must clearly indicate one of the following statuses regarding the review result: approved without need for revision or supplementation; approved with conditions requiring revision or supplementation; not approved.

6. Organize a review of the content of the strategic environmental assessment report and environmental impact assessment report after the project proponent has revised and supplemented them; request some members of the review council to continue providing comments on the strategic environmental assessment report and environmental impact assessment report if necessary.

7. Draft the report on the results of the review of the strategic environmental assessment report of the strategy, plan, or decision approving the environmental impact assessment report of the project for submission to the competent authority for consideration and decision.

8. Prepare budgets and settle expenses for the activities of the review council.

Article 26. Conditions for conducting an official meeting of the appraisal council

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

1. At least two-thirds (2/3) of the members of the appraisal council participate (either present in person at the meeting or participating via online meeting), including the Chairman of the council or the Vice-Chairman of the council authorized by the Chairman of the council (hereinafter referred to collectively as the session chairperson), the Secretary Member, and at least one (01) Reviewing 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 fee for appraising the environmental impact assessment report has been paid in accordance with the provisions of the law.

Article 27. Organizing the solicitation of opinions from the Department of Natural Resources and Environment that does not have a representative in the composition of the appraisal council established by the Ministry or agency equivalent to a ministry

1. The permanent appraisal body sends 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, plan, or program that does not have a representative in the composition of the appraisal council; sends the environmental impact assessment report to the Department of Natural Resources and Environment where the project is implemented without a representative in the composition of the appraisal council to solicit opinions.

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

3. The opinion of the Department of Natural Resources and Environment will be considered and discussed at the meetings of the appraisal council.

Article 28. 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 29. Content and procedure of an official meeting of the appraisal council

1. The Secretary Member reads the decision establishing the appraisal council, introduces the participants, and reports on the summary of the process of handling the appraisal file, providing information on the activities of the appraisal council and the permanent appraisal body.

2. The session chairperson conducts the meeting according to the authority stipulated in Clause 1, Article 22 of this Circular.

3. The project proponent or the consultant 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. Reviewing Members and other members of the appraisal council present their comments.

6. The Secretary Member reads the comments of absent members of the appraisal council (if any).

7. Participants may express their opinions (if any).

8. The appraisal council may convene separately (as decided by the session chairperson) to unify the content of the council's conclusion.

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

10. Members of the appraisal council who disagree with the conclusion of the session chairperson raise their opinions (if any).

11. The project proponent may speak (if any).

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

Article 30. Contents of the conclusion of the appraisal board

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

a) The deficiencies of the dossier; related requirements and recommendations for completing the dossier (if any), based on the opinions of the members of the appraisal board;

b) Based on the results of the appraisal voting according to the principles stipulated in Clause 2 of this Article, conclude at one (01) of three (03) levels: approve; approve with conditions to amend and supplement; not approve.

2. Principles for issuing the appraisal result:

a) Approve without amendment or supplementation: when all members of the appraisal board attending the meeting have appraisal ballots agreeing to approve without amendment or supplementation;

b) Approve with conditions to amend and supplement: when there are at least two-thirds (2/3) of the number of members of the board attending, including at least one (01) Reviewing Member, having appraisal ballots agreeing to approve or approve with conditions to amend and supplement;

c) Not approve: when more than one-third (1/3) of the number of members of the board attending have appraisal ballots not approving, or both (02) Reviewing Members have appraisal ballots not approving.

Article 31. Form and contents of the official minutes of the meeting of the appraisal board

1. The official minutes of the meeting of the appraisal board shall be carried out according to the model prescribed in Appendix 4.6 of this Circular. Opinions of the project proponent, of the members of the board, and of the representatives attending the meeting must be fully and truthfully recorded in the minutes of the meeting.

2. The official minutes of the meeting of the appraisal board must be signed by the chairperson of the meeting and the Secretary Member at the bottom of each page, and signed and clearly stated their names and positions within the board on the last page.

Chapter VI

ENVIRONMENTAL PROTECTION PLAN

Article 32. Responsibility for confirming registration of the environmental protection plan

1. The Department of Natural Resources and Environment confirms the registration of the environmental protection plan for projects specified in Appendix 5.1 of this Circular.

2. The People's Committee of the district confirms the registration of the environmental protection plan for projects, production plans, business plans, and service plans specified in Clause 1 of Article 18 of Decree No. 18/2015/NĐ-CP, except for those specified in Clause 1 of this Article.

3. The People's Committee of the commune may be considered and authorized by the People's Committee of the district to confirm the registration of the environmental protection plan within its authority for household-scale projects, production plans, business plans, and service plans located within one (01) commune. The authorization document for the People's Committee of the commune to confirm the registration of the environmental protection plan shall be implemented according to the model prescribed in Appendix 5.2 of this Circular.

4. Management Boards of industrial zones, export processing zones, and economic zones may be considered and authorized by the competent authorities specified in Clauses 1 and 2 of this Article to confirm the registration of the environmental protection plan for investment projects, production and business plans, and service plans within industrial zones, export processing zones, and economic zones as stipulated in point d of Clause 1 of Article 19 of Decree No. 18/2015/NĐ-CP. The authorization document for the Management Boards of industrial zones, export processing zones, and economic zones to confirm the registration of the environmental protection plan shall be implemented according to the model prescribed in Appendix 5.3 of this Circular.

Article 33. Environmental Protection Plan Registration Documents

1. The environmental protection plan registration documents within the authority to confirm registration of the Department of Natural Resources and Environment include:

a) Three (03) copies of the environmental protection plan with cover page and content requirements according to the model specified in Appendices 5.4 and 5.5 of this Circular;

b) One (01) investment report or production, business, service plan.

2. The environmental protection plan registration documents within the authority to confirm registration of the People's Committee at district level include:

a) Three (03) copies of the environmental protection plan with structure and content requirements according to the model specified in Appendix 5.6 of this Circular;

b) One (01) investment report or production, business, service plan of the project owner.

3. In cases where the environmental protection plan is registered at an authorized agency, the registration documents shall be implemented according to the corresponding regulations for registration documents at the competent authority.

Article 34. Confirmation of Environmental Protection Plan Registration

Within ten (10) working days from the date of receipt of the environmental protection plan registration documents, the receiving agency shall be responsible for reviewing and confirming the registration of the environmental protection plan according to the model specified in Appendix 5.7 of this Circular. If confirmation is not made, a written notification must be issued stating the reasons according to the model specified in Appendix 5.8 of this Circular.

Article 35. Implementation of Environmental Protection Plans

1. The responsibilities of the project owner, production, business, service facility owner, and state agencies after the environmental protection plan has been confirmed are stipulated in Clause 4, Article 19 of Decree No. 18/2015/NĐ-CP.

2. The entities prescribed in Clause 4, Article 33 of the Law on Environmental Protection must re-register their environmental protection plans. The procedures for re-registration, responsibilities, and deadlines for confirming re-registration of environmental protection plans shall be carried out in accordance with Articles 32, 33, and 34 of this Circular.

3. In cases where there is a change in the project owner or production, business, service facility owner, the new project owner or facility owner shall be responsible for continuing to implement the confirmed environmental protection plan.

Chapter VII

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 36. Transitional Provisions

1. Applications for strategic environmental assessment review; environmental impact assessment review and approval; environmental commitment registration; inspection and confirmation of environmental protection works and measures serving the operation phase of projects received by the competent authority before the effective date of this Circular shall continue to be considered and resolved according to the provisions of Circular No. 26/2011/TT-BTNMT dated July 18, 2011, of the Minister of Natural Resources and Environment detailing 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 commitment, except for applications prescribed in Clause 2 of this Article.

2. As of April 1, 2015, the competent authority shall return organizations and individuals the documents already accepted for environmental administrative procedures in the following cases:

a) Applications for strategic environmental assessment review of strategies, plans, and programs not falling under the scope defined in Appendix I of Decree No. 18/2015/NĐ-CP;

b) Applications for environmental impact assessment review and approval of projects not falling under the scope defined in Appendix II of Decree No. 18/2015/NĐ-CP;

c) Applications for inspection and confirmation of implementation of environmental protection works and measures serving the operation phase of projects not falling under the scope defined in Column 4 of Appendix II of Decree No. 18/2015/NĐ-CP;

d) Applications for registration of environmental commitments of projects, production, business, and service plans falling under the scope defined in Appendix IV of Decree No. 18/2015/NĐ-CP.

Article 37. Implementation

1. Ministries, ministerial-level agencies, provincial People's Committees, and district People's Committees are responsible for implementing reporting systems on activities related to strategic environmental assessment review; environmental impact assessment review and approval; registration and inspection of environmental protection plan implementation; and inspection and confirmation of environmental protection works according to the provisions of Article 21 of Decree No. 18/2015/NĐ-CP, using the corresponding models specified in Appendices 6.1, 6.2, 6.3, 6.4, 6.5, and 6.6 of this Circular.

2. Ministries, ministerial-level agencies, and provincial People's Committees shall assign specialized agencies to serve as permanent bodies for reviewing strategic environmental assessments and environmental impact assessments within their jurisdiction.

Article 38. Implementation Provisions

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 takes effect from July 15, 2015, and replaces Circular No. 26/2011/TT-BTNMT dated July 18, 2011, of the Minister of Natural Resources and Environment guiding detailed provisions of Decree No. 29/2011/NĐ-CP of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment.

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, research, and appropriate amendments and supplements./.