Decree No. 29/2011/ND-CP on Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Commitment

DECREE

Provisions on strategic environmental assessment, environmental impact assessment, and environmental protection commitments

_________________________________

THE GOVERNMENT

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

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

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates provisions on strategic environmental assessment, environmental impact assessment, and environmental protection commitments.

Article 2. Applicability

This Decree applies to organizations and individuals involved in activities related to strategic environmental assessment, environmental impact assessment, and environmental protection commitments within the territory of the Socialist Republic of Vietnam.

Chapter II

STRATEGIC ENVIRONMENTAL ASSESSMENT

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

1. Strategic plans, master plans, and five-year plans specified in Part A of Appendix I of this Decree shall conduct detailed strategic environmental assessments integrated into the strategic plan, master plan, or five-year plan report.

2. Strategic plans, master plans, and five-year plans specified in Part B of Appendix I of this Decree shall conduct detailed strategic environmental assessments in separate reports.

3. National-level strategic plans, master plans, and five-year plans not included in the list of Appendix I of this Decree shall conduct abbreviated strategic environmental assessments integrated into the strategic plan, master plan, or five-year plan report.

4. Five-year plans developed in accordance with sectoral or field master plans that have been reviewed and approved through strategic environmental assessment reports are exempt from conducting strategic environmental assessments.

5. It is encouraged to conduct strategic environmental assessments for strategic plans, master plans, and five-year plans not covered under Clauses 1, 2, and 3 of this Article.

Article 4. Time of Implementation and Requirements for Using the Results of Strategic Environmental Assessment

1. Strategic environmental assessment must be conducted concurrently with the development of strategic plans, master plans, and five-year plans.

2. The results of strategic environmental assessment must be incorporated into the strategic plan, master plan, or five-year plan document.

Article 5. Content of Strategic Environmental Assessment Report

1. The main content of a detailed strategic environmental assessment report in a separate report includes:

a) Summary description of the strategic plan, master plan, or five-year plan;

b) Process of organizing the strategic environmental assessment; description of the scope of research of the strategic environmental assessment and major environmental issues related to the strategic plan, master plan, or five-year plan;

c) Description of past trends and forecasted trends of major environmental issues in the absence of the strategic plan, master plan, or five-year plan;

d) Evaluation of the alignment of the perspectives and goals of the strategic plan, master plan, or five-year plan with environmental protection perspectives and goals; evaluation and comparison of development options of the strategic plan, master plan, or five-year plan;

đ) Evaluation of impacts on major environmental issues in the event of implementing the strategic plan, master plan, or five-year plan;

e) Consultation with stakeholders during the process of strategic environmental assessment;

g) Recommendations for adjusting the strategic plan, master plan, or five-year plan and measures to prevent and mitigate negative environmental impacts.

h) Guidance on data sources, data, and evaluation methods;

i) Conclusions and recommendations.

2. The main content of a detailed strategic environmental assessment report integrated into the strategic plan, master plan, or five-year plan report includes:

a) Process of organizing the strategic environmental assessment; description of the scope of research of the strategic environmental assessment and major environmental issues related to the strategic plan, master plan, or five-year plan;

b) Evaluation of the alignment of the perspectives and goals of the strategic plan, master plan, or five-year plan with environmental protection perspectives and goals; evaluation; comparison of development options of the strategic plan, master plan, or five-year plan;

c) Evaluation of impacts on major environmental issues in the event of implementing the strategic plan, master plan, or five-year plan;

d) Consultation with stakeholders during the process of strategic environmental assessment;

đ) Recommendations for adjusting the strategic plan, master plan, or five-year plan and measures to prevent and mitigate negative environmental impacts;

e) Conclusions and recommendations.

3. The main content of an abbreviated strategic environmental assessment report includes:

a) Process of organizing the strategic environmental assessment, scope of research of the strategic environmental assessment, and major environmental issues related to the strategic plan, master plan, or five-year plan;

b) Evaluation of impacts on major environmental issues in the event of implementing the strategic plan, master plan, or five-year plan;

c) Recommendations for adjusting the strategic plan, master plan, or five-year plan and measures to prevent and mitigate negative environmental impacts;

d) Conclusions and recommendations.

4. The Ministry of Natural Resources and Environment shall specify detailed requirements for the content of detailed strategic environmental assessment reports and abbreviated strategic environmental assessment reports; develop and issue technical guidelines for specialized strategic environmental assessments.

Article 6. Documents for Requesting Review of Strategic Environmental Assessment Reports

1. Detailed documents for requesting review of strategic environmental assessment reports in the form of separate reports include:

a) A document requesting review;

b) Detailed strategic environmental assessment report;

c) Draft strategic, planning, and program documents.

2. Detailed documents for requesting review of strategic environmental assessment reports integrated into strategic, planning, and program reports include:

a) A document requesting review;

b) Draft strategic, planning, and program documents that have been integrated with detailed strategic environmental assessment reports.

3. Simplified documents for requesting review of strategic environmental assessment reports include:

a) A document requesting review;

b) Draft strategic, planning, and program documents that have been integrated with simplified strategic environmental assessment reports.

4. The Ministry of Natural Resources and Environment shall specify the quantity and format of the documents stipulated in Clauses 1, 2, and 3 of this Article.

Article 7. Review of Strategic Environmental Assessment Reports

1. Responsibilities for organizing the review of strategic environmental assessment reports are as follows:

a) The Ministry of Natural Resources and Environment shall organize the review of strategic environmental assessment reports for strategies, plans, and programs approved by the National Assembly, Government, or Prime Minister, except those involving national security or defense secrets;

b) The Ministry of Public Security and the Ministry of Defense shall take the lead and coordinate with the Ministry of Natural Resources and Environment to organize the review of strategic environmental assessment reports for strategies, plans, and programs involving national security or defense secrets approved by the National Assembly, Government, or Prime Minister;

c) Ministries, ministerial-level agencies, and government agencies shall organize the review of strategic environmental assessment reports for strategies, plans, and programs within their approval authority;

d) Provincial People's Committees (hereinafter referred to as provincial People's Committee) shall organize the review of strategic environmental assessment reports for strategies, plans, and programs within their approval authority and that of the same-level People's Council.

2. The agency responsible for developing strategies, plans, and programs (hereinafter referred to as the project proponent) shall submit the documents for requesting review of strategic environmental assessment reports to the agency responsible for organizing the review of strategic environmental assessment reports as stipulated in Clause 1 of this Article.

3. The agency responsible for organizing the review of strategic environmental assessment reports shall, within the time limit specified in Article 8 of this Decree, be responsible for organizing the review of strategic environmental assessment reports and notifying the results to the project proponent. In case the documents are not valid, they must send a notification to the project proponent for correction and supplementation within no more than seven (07) working days from the date of receipt of the documents.

4. The review of strategic environmental assessment reports shall be conducted through a review board.

5. The head or person in charge of the agency responsible for organizing the review of strategic environmental assessment reports shall establish the review board. The composition of the review board includes representatives of relevant agencies directly related to the environmental issues of strategies, plans, and programs, experts, and other related organizations, including: Chairman of the Board, if necessary, one (01) Vice-Chairman; one (01) Secretary Member; two (02) Critical Review Members and other Members.

6. The review of simplified strategic environmental assessment reports may be carried out by soliciting written comments and evaluations from members of the review board.

7. If necessary, the agency responsible for organizing the review of strategic environmental assessment reports shall carry out the following activities:

a) Surveying the project implementation area and adjacent areas;

b) Verifying and evaluating information, data, analysis, assessment, and forecasting results in the strategic environmental assessment report;

c) Soliciting opinions from political and social organizations, social organizations, occupational social organizations, and related experts;

d) Organizing expert evaluation meetings on specific topics.

8. The Ministry of Natural Resources and Environment shall provide detailed regulations on organizing the review of strategic environmental assessment reports.

Article 8. Time limit for reviewing strategic environmental assessment reports

1. The maximum time limit for detailed review of strategic environmental assessment reports is forty-five (45) working days from the date of receipt of complete valid files; for the review of strategic environmental assessment reports within the authority of the provincial People's Committee, the maximum time limit is thirty (30) working days from the date of receipt of complete valid files.

2. The maximum time limit for streamlined review of strategic environmental assessment reports is thirty (30) working days from the date of receipt of complete valid files.

3. In cases where strategic environmental assessment reports need to be reviewed again, the time limit for such review shall be carried out as prescribed in Clause 1 and 2 of this Article.

Article 9. Responsibilities of the project proponent after the strategic environmental assessment report has been reviewed

1. In cases where the strategic environmental assessment report is approved or approved with conditions requiring amendments and supplements, the project proponent shall be responsible for:

a) Completing the strategic environmental assessment report based on the comments of the reviewing agency.

b) Perfecting the strategic, planning, and program documents based on the comments of the reviewing agency. If there are different opinions, specific explanations must be provided;

c) Providing a written explanation about the adoption of the review comments along with the amended and supplemented strategic, planning, and program documents and the revised and supplemented strategic environmental assessment report, and submitting them to the reviewing agency.

2. In cases where the strategic environmental assessment report is not approved, the project proponent shall be responsible for:

a) Re-preparing the strategic environmental assessment report;

b) Submitting the file requesting re-review of the strategic environmental assessment report to the reviewing agency for organization of the review.

Article 10. Report on the results of reviewing strategic environmental assessment reports

1. The agency reviewing the strategic environmental assessment report shall report the results of the review to the competent authority for approval of the strategy, plan, and program within a maximum period of fifteen (15) working days from the date of receipt of the amended and supplemented strategic environmental assessment report file.

2. The report on the results of reviewing the strategic environmental assessment report is one of the bases for reviewing and approving the strategy, plan, and program.

3. The Ministry of Natural Resources and Environment shall specify in detail the contents and format of the report on the results of the review and the minutes of the meeting of the review council.

Article 11. Responsibilities of the agency reviewing and approving the strategy, plan, and program

The agency reviewing and approving the strategy, plan, and program shall be responsible for comprehensively and objectively examining the proposals and recommendations in the report on the results of the review and the strategic environmental assessment report during the process of reviewing and approving the strategy, plan, and program.

Chapter III

ENVIRONMENTAL IMPACT ASSESSMENT

Article 12. Subjects required to prepare an environmental impact assessment report and responsibilities of the project proponent in preparing the environmental impact assessment report

1. The subjects required to prepare an environmental impact assessment report are specified in Appendix II of this Decree.

2. The project proponent shall be responsible for preparing or hiring an organization with the necessary qualifications as stipulated in Clause 1 of Article 16 of this Decree to prepare an environmental impact assessment report for their investment project.

3. An environmental impact assessment report must be prepared again in the following cases:

a) Changing the location of the project implementation;

b) Not implementing the project within thirty-six (36) months from the date of issuance of the decision approving the environmental impact assessment report;

c) Changing the scale, capacity, or technology that increases the degree of negative impact on the environment or the scope affected by these changes.

Article 13. Time for preparation, submission for review and approval of environmental impact assessment reports

1. The preparation of environmental impact assessment reports shall be carried out concurrently with the project investment planning process (feasibility study report).

2. The time for submission for review and approval of environmental impact assessment reports shall be regulated as follows:

a) For exploration and mining projects, the project owner must submit the environmental impact assessment report for review before requesting the competent authority to issue or adjust exploration permits, mining permits. The decision approving the environmental impact assessment report serves as the basis for issuing or adjusting exploration permits, mining permits.

b) For oil and gas exploration projects listed under Item 1 or 2 of Appendix II of this Decree, the project owner must submit the environmental impact assessment report for review before drilling for oil and gas exploration. For oil and gas extraction projects, the project owner must submit the environmental impact assessment report for review before approving the development plan. The decision approving the environmental impact assessment report serves as the basis for approving the development plan.

c) For projects involving construction works requiring building permits, the project owner must submit the environmental impact assessment report for review before requesting the competent authority to issue or adjust the building permit. The decision approving the environmental impact assessment report serves as the basis for issuing or adjusting the building permit.

d) For projects not falling within the scope specified in Points a, b, and c of this Clause, the project owner must submit the environmental impact assessment report for review before making the investment decision on the project. The decision approving the environmental impact assessment report serves as the basis for making the investment decision on the project.

Article 14. Seeking Opinions During the Preparation of Environmental Impact Assessment Reports

1. During the preparation of environmental impact assessment reports, the project owner (except in cases stipulated in Clause 3 of this Article) must organize the seeking of opinions:

a) People's Committee of communes, wards, towns (hereinafter referred to collectively as commune level) where the project is implemented.

b) Representatives of the affected community and organizations directly impacted by the project.

2. Project owners investing in concentrated production, business, and service areas that do not comply with industry planning in the approved environmental impact assessment report of the concentrated production, business, and service area must seek opinions from the agency that has approved the environmental impact assessment report during the infrastructure construction phase of the concentrated production, business, and service area.

3. In the following cases, there is no need to seek opinions:

a) Investment projects in concentrated production, business, and service areas that have been approved by the competent authority for the environmental impact assessment report during the infrastructure construction phase, provided that the project complies with the industry planning in the approved environmental impact assessment report of the concentrated production, business, and service area.

b) Investment projects located in sea areas where the specific administrative management responsibilities of the People's Committee at the commune level have not yet been determined.

c) Investment projects involving state secrets.

Article 15. Method of Conducting and Requirements for Expressing the Results of Consultation in Environmental Impact Assessment Reports

1. The consultation of opinions from the People's Committee of the commune, representatives of the community, and organizations directly affected by the project shall be conducted as follows:

a) The project proponent sends a document to the People's Committee of the commune, representatives of the community, and organizations directly affected by the project, along with a summary of the main investment items, environmental issues, and environmental protection measures of the project, requesting their consultation opinions;

b) In cases where necessary, the People's Committee of the commune shall convene representatives of organizations and communities directly affected by the project, inform the project proponent about the time, location, and participants of the dialogue session, and jointly host the dialogue session within ten (10) working days from the date of receipt of the request for consultation opinion from the project proponent;

c) The results of the dialogue between the project proponent, consulted agencies, and related parties shall be recorded in a minutes document, including a list of participating delegates and fully reflecting discussed opinions, opinions accepted or not accepted by the project proponent; the minutes must bear signatures (with full name and position) of representatives of the project proponent and related parties attending the dialogue;

d) Within fifteen (15) working days from the date of receipt of the request for consultation opinion, the People's Committee of the commune shall have the responsibility to respond in writing to the project proponent and publicly announce it for public knowledge. Beyond this period, if the consulted agency does not send a written opinion to the project proponent, it shall be deemed that the consulted agency agrees with the project proponent's investment plan;

e) Opinions of agreement or disagreement from consulted organizations and individuals must be compiled and truthfully reflected in the content of the environmental impact assessment report;

2. Documents expressing opinions from consulted agencies and minutes of the dialogue session must be copied and attached as appendices in the environmental impact assessment report;

3. The Ministry of Natural Resources and Environment shall prescribe the format for consulting opinions from related parties;

Article 16. Conditions for Organizations Preparing Environmental Impact Assessment Reports

1. The project proponent and consultancy service organizations must meet the following conditions before preparing an environmental impact assessment report:

a) Having specialized environmental staff with at least five (05) years of experience if they hold a bachelor's degree, three (03) years if they hold a master's degree, and one (01) year if they hold a doctoral degree;

b) Having specialized staff related to the project with a bachelor's degree or higher;

c) Possessing material and technical facilities, specialized equipment for measurement, sampling, processing, and analysis of environmental samples, ensuring technical requirements. In cases where there is no specialized equipment meeting the requirements, a contract must be made with a competent unit;

2. Consultancy service organizations providing services for preparing environmental impact assessment reports shall be responsible to the project proponent and under the law for the information and data in the environmental impact assessment report;

3. The Ministry of Natural Resources and Environment shall provide detailed guidance on the conditions and operation of consultancy service organizations preparing environmental impact assessment reports.

Article 17. Contents of Environmental Impact Assessment Reports; Documents for Review and Approval of Environmental Impact Assessment Reports

1. The main contents of the Environmental Impact Assessment Report include:

a) Guidance on the origin of the project, the project proponent, the competent authority approving the project; sources of information, data, and methods used; organization and implementation of the Environmental Impact Assessment Report; community consultation during the preparation of the Environmental Impact Assessment Report;

b) Listing and detailed description of activities and construction items of the project that may cause adverse impacts on the environment, including the spatial scale, time frame, volume of construction, operational technology of each construction item, and the entire project;

c) General assessment of the current environmental conditions at the project site and surrounding areas; sensitivity of the environment;

d) Evaluation and prediction of the project's impact on natural conditions, natural environmental components, communities, and related socio-economic factors; results of community consultations;

đ) Proposals for measures to mitigate adverse impacts on natural conditions, natural environmental components, community health, and related socio-economic factors;

e) List of construction projects, management programs, and monitoring issues related to the environment during the implementation of the project;

g) Budget estimate for constructing environmental protection construction items within the total budget estimate of the project;

h) Commitment of the project proponent to implement environmental protection measures during the construction and operation phases of the project as proposed in the Environmental Impact Assessment Report and other relevant regulations on environmental protection related to the project.

2. Documents for review and approval of the Environmental Impact Assessment Report include:

a) Request for review and approval of the Environmental Impact Assessment Report;

b) Environmental Impact Assessment Report;

c) Investment Project (Feasibility Study Report);

3. The Ministry of Natural Resources and Environment shall provide detailed provisions on the contents of the Environmental Impact Assessment Report; templates for requests for review and the number of Environmental Impact Assessment Reports of the project in the documents for requesting review of the Environmental Impact Assessment Report; develop and issue technical guidelines for preparing specialized Environmental Impact Assessment Reports.

Article 18. Organization of Review of Environmental Impact Assessment Reports

1. The review of Environmental Impact Assessment Reports is conducted through a review board or a service organization for review.

2. Responsibilities for organizing the review of Environmental Impact Assessment Reports are stipulated as follows:

a) The Ministry of Natural Resources and Environment organizes the review of Environmental Impact Assessment Reports for projects listed in Appendix III of this Decree, except for projects involving national security and defense secrets;

b) Ministries, agencies equivalent to ministries, and government agencies organize the review of Environmental Impact Assessment Reports for projects under their decision-making and approval authority, except for projects listed in Appendix III of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security organize the review of Environmental Impact Assessment Reports for projects under their decision-making and approval authority and projects related to security and defense when authorized by the competent authority;

d) Provincial People's Committees organize the review of Environmental Impact Assessment Reports for investment projects in their jurisdiction, except for projects specified in points a, b, and c of this clause.

3. Members of the review board for Environmental Impact Assessment Reports include representatives of directly related management agencies concerning the project's environmental issues, experts, including: Chairman of the Board, if necessary, an additional Vice-Chairman; one (01) Secretary Member; two (02) Reviewing Members and other Members. The composition of the review board must have more than fifty percent (50%) of members with expertise in environmental fields and other areas related to the project. For Environmental Impact Assessment Reports reviewed by ministries, agencies equivalent to ministries, and government agencies, the composition of the board must include representatives from the Department of Natural Resources and Environment where the project is implemented.

4. In cases deemed necessary, the reviewing agency may conduct the following activities:

a) Investigate and verify information and data about the current environmental conditions at the project site and adjacent areas;

b) Collecting samples for analysis and verification;

c) Seek opinions from the local community where the project is located;

d) Hire experts, social organizations, and occupational social organizations to review the contents of the report;

đ) Organize thematic evaluation meetings.

5. The Ministry of Natural Resources and Environment shall provide detailed provisions on the organization and activities of the review board and service organizations for reviewing Environmental Impact Assessment Reports.

Article 19. Procedure for Reviewing and Approving Environmental Impact Assessment Reports

1. The project proponent shall submit the application dossier for reviewing the environmental impact assessment report to the competent authority as prescribed in Clause 2, Article 18 of this Decree.

2. Upon receipt of the application dossier for reviewing the environmental impact assessment report from the project proponent, the agency responsible for reviewing the environmental impact assessment report shall examine the dossier. In cases where the dossier is incomplete or invalid, the agency must notify the project proponent in writing within five (05) working days to complete the dossier.

3. After receiving a valid dossier within the time limit stipulated in Clause 1, Article 20 of this Decree, the agency responsible for organizing the review shall establish a review board or select a service organization for review, notify the project proponent to pay the review fee to implement the review of the environmental impact assessment report, and notify the project proponent in writing about the review results.

4. Based on the content of the notification regarding the review results of the environmental impact assessment report from the reviewing agency, the project proponent shall be responsible for implementing one of the following contents:

a) Re-preparing the environmental impact assessment report and submitting it to the agency organizing the review in case the environmental impact assessment report is not approved. The time limit and procedures for re-reviewing shall be carried out as the initial review of the environmental impact assessment report;

b) Amending and supplementing the environmental impact assessment report and submitting it to the reviewing agency for consideration and submission to the competent authority for approval decision in case the environmental impact assessment report is approved with conditions requiring amendment and supplementation. The time limit for amending and supplementing the environmental impact assessment report does not count towards the time limit for reviewing and approving the environmental impact assessment report;

c) Resubmitting the environmental impact assessment report to the competent authority for issuance of the approval decision according to regulations in case the environmental impact assessment report is approved without need for amendment or supplementation.

5. The agency responsible for approving the environmental impact assessment report shall be responsible for approving the environmental impact assessment report within the time limit stipulated in Clause 2, Article 20 of this Decree, starting from the date of receiving a valid dossier.

Article 20. Time Limit for Reviewing and Approving Environmental Impact Assessment Reports

1. The time limit for reviewing the environmental impact assessment report is specified as follows:

a) For the environmental impact assessment report under the jurisdiction of the Ministry of Natural Resources and Environment for review, the maximum review period is forty-five (45) working days, starting from the date of receiving a valid dossier. In cases of complex projects in terms of environmental impact, the maximum review period is sixty (60) working days;

b) For the environmental impact assessment report not under the jurisdiction of the Ministry of Natural Resources and Environment for review, the maximum review period is thirty (30) working days, starting from the date of receiving a valid dossier. For complex projects in terms of environmental impact, the review period is forty-five (45) working days.

2. The maximum time limit for approving the environmental impact assessment report is fifteen (15) working days, starting from the date of receiving a valid dossier.

3. The time limit for reviewing and approving the environmental impact assessment report does not include the time taken by the project proponent to complete the environmental impact assessment report dossier.

Article 21. Authentication and submission of the approved environmental impact assessment report

1. After issuing the decision approving the environmental impact assessment report, the approving authority must authenticate on the back cover or back page of the environmental impact assessment report regarding its approval and submit it to relevant agencies as prescribed in Clause 2 of this Article.

2. The submission of the authenticated environmental impact assessment report and the decision approving the environmental impact assessment report shall be carried out as follows:

a) The Ministry of Natural Resources and Environment shall send the decision approving the environmental impact assessment report along with the report to the project proponent one (01) copy and the Department of Natural Resources and Environment where the project is implemented one (01) copy; and send the decision approving the environmental impact assessment report to the sectoral management ministry.

b) Ministries, ministerial-level agencies, and government agencies shall send the decision approving the environmental impact assessment report along with the report to the project proponent one (01) copy, the Ministry of Natural Resources and Environment one (01) copy, and the Department of Natural Resources and Environment where the project is implemented one (01) copy; for projects involving national security or defense secrets, the submission of the decision approving the environmental impact assessment report along with the report shall be carried out according to specific regulations.

c) The People's Committee of the province shall send the decision approving the environmental impact assessment report along with the report to the project proponent one (01) copy; and the People's Committee of the district, town, or city directly under the province (hereinafter referred to collectively as the People's Committee of the district) where the project is implemented one (01) copy; and send the decision approving the report to the sectoral management ministry and the People's Committee of the commune where the project is implemented; and send the decision approving the environmental impact assessment report along with the report to the Ministry of Natural Resources and Environment one (01) copy upon request.

3. The People's Committee of the province shall make copies of the decision approving the environmental impact assessment report sent by ministries, ministerial-level agencies, and government agencies, and submit them to the People's Committee of the district and the People's Committee of the commune where the project is implemented.

4. The Ministry of Natural Resources and Environment shall specify the format of the decision approving and the method of authenticating the environmental impact assessment report.

Article 22. Publicizing information about projects that have been approved environmental impact assessment reports

1. After the environmental impact assessment report has been approved, the project proponent is responsible for establishing, approving, and publicly posting the environmental management plan at the office of the People's Committee of the commune where community consultation takes place so that the public can know, inspect, and supervise.

2. The environmental management plan shall be established based on the environmental management program proposed in the environmental impact assessment report, including the following main contents:

a) Organization and activities of the specialized unit responsible for environmental protection of the project;

b) Plan for education and raising awareness about environmental protection of the project;

c) Responsibilities of the project proponent and construction contractors (if any) in implementing measures and methods to reduce negative impacts and prevent and respond to environmental incidents during the construction phase of the project;

d) Plan for constructing environmental protection facilities;

e) Plan for monitoring sources of emissions; monitoring the surrounding environment and other environmental monitoring contents during the construction phase and when the project officially commences operation.

Article 23. Responsibilities of the Project Owner before Official Operation

1. Implement environmental protection measures during the investment preparation phase and construction phase of the project; monitor the environment according to the requirements set forth in the decision approving the Environmental Impact Assessment Report.

2. Design and install environmental protection facilities; test-run waste treatment facilities of the project; inspect environmental protection facilities in accordance with the provisions of the law; establish, approve, and implement plans for cleaning the reservoir area before water storage in cases where the project includes the construction of irrigation dams or hydropower dams.

3. Prepare files to request inspection and confirmation of the completion of environmental protection works and measures serving the operation phase of the project as stipulated in Article 25 of this Decree and submit them to the agency specified in Clause 1 of Article 24 of this Decree for inspection and confirmation prior to the official operation of the project.

4. Cooperate and facilitate conditions for environmental management agencies to inspect the implementation of environmental management plans and the deployment of environmental protection works and measures, prevention and response to environmental incidents; provide all relevant information and data about the project upon request.

5. During the implementation of the project, if incidents occur that negatively impact environmental quality and public health, immediately halt activities causing the incident; organize emergency response and remediation; urgently notify the provincial environmental management agency and related agencies at the location of the project for guidance and coordination in handling the situation.

Article 24. Organization of Inspection and Confirmation of Environmental Protection Works and Measures before Official Operation of the Project

1. The agency approving the Environmental Impact Assessment Report shall organize the following activities for projects it has approved the Environmental Impact Assessment Report:

a) Inspect and confirm the implementation of environmental protection works and measures serving the operation phase of the project in accordance with Articles 25, 26, 27, and 28 of this Decree;

b) Inspect the implementation of environmental protection measures during the investment preparation phase and construction phase of the project when necessary.

2. The agency approving the Environmental Impact Assessment Report may delegate specialized environmental protection agencies under its jurisdiction to carry out the activities specified in Points a and b of Clause 1 of this Article, hereinafter referred to as the inspection and confirmation agency.

3. For projects invested in phases and where the project owner requests to put some completed components into official operation before the construction phase of the project is completed, the inspection and confirmation agency may organize inspections and confirmations of the implementation of environmental protection works and measures serving the operation phase of the completed components based on the project owner's request.

4. The Ministry of Natural Resources and Environment shall provide detailed guidance on the inspection and confirmation of the implementation of environmental protection works and measures serving the operation phase of the project; develop and issue technical guidelines to support the inspection and confirmation of environmental protection works and measures serving the operation phase of the project.

Article 25. Documents for Requesting Inspection and Confirmation of Environmental Protection Works and Measures for the Operation Phase of the Project

1. The request document for inspection and confirmation of environmental protection works and measures for the operation phase of the project.

2. A copy of the decision approving the environmental impact assessment report.

3. Report on the results of implementing environmental protection works and measures for the operation phase of the project as stipulated in Article 26 of this Decree, including a detailed description of the scale and technological process for waste treatment; adjustments and changes compared to the plan set out in the approved environmental impact assessment report.

4. Appendices accompanying the report on the results of implementing environmental protection works and measures for the operation phase of the project, including completion drawings and trial operation results of waste treatment facilities; certificates, certifications, recognitions of imported or commercialized environmental treatment equipment; measurement and analysis result certificates; acceptance records and other relevant documents concerning environmental protection works and measures.

Article 26. Environmental Protection Works and Measures for the Operation Phase of the Project

1. Collection and treatment facilities and measures for wastewater proposed in the environmental impact assessment report.

2. Facilities and equipment for storing, collecting, transporting, and treating hazardous waste and general solid waste proposed in the environmental impact assessment report.

3. Collection and treatment facilities and measures for dust and exhaust gases proposed in the environmental impact assessment report.

4. Facilities and equipment, plans, and technical solutions for minimizing adverse impacts on the environment unrelated to waste; emergency response plans and other environmental protection facilities and measures.

Article 27. Procedures and Time Limits for Inspecting and Confirming Implementation of Environmental Protection Works and Measures for the Operation Phase of the Project

1. The inspecting and confirming agency shall examine the application documents for inspection and confirmation of environmental protection works and measures for the operation phase of the project submitted by the project owner; notify in writing within five (05) working days from the date of receipt if the documents are not valid.

2. The inspecting and confirming agency shall inspect the environmental protection works and measures for the operation phase of the project implemented by the project owner according to the procedures specified in Article 28 of this Decree within twenty (20) working days from the date of receiving complete valid documents. In cases where the project does not meet the conditions for issuing a confirmation certificate, the inspecting and confirming agency must notify the project owner in writing within five (05) working days from the inspection results.

3. The project owner shall rectify deficiencies in the documents and actual implementation as required in the inspecting and confirming agency's notification; complete the application documents for inspection and confirmation of environmental protection works and measures for the operation phase of the project and resubmit them to the inspecting and confirming agency.

4. If necessary, the inspecting and confirming agency may conduct re-inspection of environmental protection works and measures after the project owner has made corrections.

5. The inspecting and confirming agency is responsible for issuing a confirmation certificate that the project owner has implemented environmental protection works and measures for the operation phase of the project or provide a written response stating the reasons for non-issuance within a maximum of five (05) working days from the date of receiving the resubmitted application documents for inspection and confirmation of environmental protection works and measures for the operation phase of the project.

Article 28. Methods for Conducting Inspections and Confirming the Implementation of Environmental Protection Works and Measures for the Operational Phase of Projects

1. The inspection and confirmation agency shall examine the application dossier submitted by the project owner requesting inspection and confirmation of the completion of environmental protection works and measures for the operational phase of the project, and conduct on-site inspections of such works and measures through an inspection team established by the inspection and confirmation agency.

2. The activities of the inspection team depend on the type, scale, nature of the project, and actual conditions, including the following main contents:

a) Holding evaluation meetings to discuss the environmental protection works and measures for the operational phase of the project that have been implemented by the project owner;

b) Inspecting the actual status of the environmental protection works and measures for the operational phase of the project that have been implemented by the project owner, as well as related technical solutions and equipment;

c) Each member of the inspection team shall independently study the dossier and write comments and evaluations on the environmental protection works and measures for the operational phase of the project that have been implemented by the project owner;

d) Preparing a consolidated report summarizing the results of the on-site inspections of the environmental protection works, equipment, measures, and solutions for the operational phase of the project that have been implemented by the project owner.

3. In cases where necessary, the inspection and confirmation agency may undertake the following activities:

a) Seeking opinions or hiring experts or organizations to evaluate the environmental protection works and measures for the operational phase of the project that have been implemented by the project owner;

b) Organizing the verification of the environmental analysis results provided by the project owner through organizations with functions of measurement, sampling, and environmental consultancy.

4. The results of the dossier inspection and on-site inspection of the environmental protection works and measures for the operational phase of the project that have been implemented by the project owner shall be recorded in an inspection record, which includes signatures along with the names and positions of the head of the inspection team and the authorized representative of the project owner.

5. On the basis of the inspection record and the results of the activities stipulated in Clause 3 of this Article, if applicable, the inspection and confirmation agency shall issue a certificate confirming the completion of the environmental protection works and measures for the operational phase of the project.

6. The certificate confirming the completion of the environmental protection works and measures for the operational phase of the project serves as the basis for the project owner to officially put the project or certain components of the project that have been invested into operation, especially when the project is divided into multiple phases. This certificate also serves as the basis for competent state agencies to issue permits for hazardous waste treatment and disposal operations, and discharge permits for wastewater into water sources.

7. The Ministry of Natural Resources and Environment shall prescribe the format of relevant documents concerning the inspection and confirmation of the completion of environmental protection works and measures for the operational phase of the project by the project owner.

Chapter IV

ENVIRONMENTAL PROTECTION COMMITMENT

Article 29. Subjects Required to Establish and Register Environmental Protection Commitment Statements

1. Investment projects with characteristics, scale, and capacity not included in the list or below the threshold specified in Appendix II of this Decree.

2. Production, business, and service activities that are not required to establish investment projects but generate production waste.

Article 30. Content of Environmental Protection Commitment Statements and Registration Documents for Environmental Protection Commitment Statements

1. The content of environmental protection commitment statements for investment projects includes:

a) A brief introduction about the project, including: the name and address of the investor; the name and location of the project implementation; scale, capacity, production technology; quantity and types of raw materials and fuels consumed during the project implementation. The investor shall be responsible for the accuracy and completeness of the declared information and data;

b) Types of waste generated: maximum load and maximum concentration of each type of waste, if applicable;

c) Commitment to implement measures to reduce and treat waste and comply with laws on environmental protection.

2. The content of environmental protection commitment statements for production, business, and service activities that are not required to establish investment projects includes:

a) A brief introduction about the production, business, or service plan, including: the name and address of the facility owner; location; production scale or type of business, service; quantity and types of raw materials and fuels consumed during operation. The facility owner shall be responsible for the accuracy and completeness of the declared information and data;

b) Types of waste generated: maximum load and maximum concentration of each type of waste, if applicable;

c) Commitment to implement measures to reduce and treat waste and comply with laws on environmental protection.

3. The registration documents for environmental protection commitment statements include:

a) Environmental protection commitment statement;

b) Investment project (feasibility study report) or production, business plan.

4. The Ministry of Natural Resources and Environment shall prescribe the format of the environmental protection commitment statement.

Article 31. Time for Registering Environmental Protection Commitment Statements

1. For mineral exploration and exploitation projects, the investor must register the environmental protection commitment statement before requesting the competent authority to issue or adjust the exploration permit or exploitation permit.

2. For oil and gas exploration projects, the investor must register the environmental protection commitment statement before drilling exploration wells.

3. For investment projects with construction works requiring a construction permit, the investor must register the environmental protection commitment statement before requesting the competent authority to issue or adjust the construction permit.

4. For projects and production, business, and service activities not covered under paragraphs 1, 2, and 3 of this Article, the investor or facility owner must register the environmental protection commitment statement before commencing investment, production, or business operations.

Article 32. Organization for Registering Environmental Protection Commitment Statements

1. The People's Committee of the district-level administrative unit shall be responsible for organizing the registration of environmental protection commitment statements.

2. In the following cases, the People's Committee of the district-level administrative unit may delegate the People's Committee of the commune-level administrative unit to organize the registration of environmental protection commitment statements:

a) Production, business, and service activities located within one (01) commune, not required to establish investment projects (feasibility study reports);

b) Investment projects located within one (01) commune, not generating waste during implementation.

3. For investment projects and production, business, and service activities implemented across two (02) districts or more, the investor or production, business facility owner may register the environmental protection commitment statement at the People's Committee of the district-level administrative unit most convenient for the investor or facility owner.

4. For investment projects implemented in marine areas where the administrative management responsibilities of the district-level People's Committee have not been clearly defined, the investor shall register the environmental protection commitment statement at the People's Committee of the district-level administrative unit where the project's waste treatment and disposal is registered. If the project does not generate waste that needs to be transported to land for recycling, reuse, treatment, or disposal, the investor is not required to register the environmental protection commitment statement.

Article 33. Procedure for registering environmental protection commitment statements

1. The registration of environmental protection commitment statements shall be carried out according to the following procedure:

a) The project proponent or facility owner submits the registration dossier for the environmental protection commitment statement to the competent authority as stipulated in Article 32 of this Decree;

b) Within five (05) working days from the date of receipt of the dossier, the competent authority as stipulated in Article 32 of this Decree shall notify in writing the project proponent or facility owner about the acceptance or non-acceptance of the environmental protection commitment statement dossier. In case of non-acceptance, the reasons must be clearly stated in writing.

2. The Ministry of Natural Resources and Environment shall prescribe the model notification regarding the acceptance or non-acceptance of the registration dossier for the environmental protection commitment statement.

Article 34. Sending registered environmental protection commitment statements

1. In cases where the environmental protection commitment statement is registered with the People's Committee of the district level: Within two (02) working days from the date of registration, the People's Committee of the district level shall send one (01) copy of the registered environmental protection commitment statement to the project proponent, the environmental protection management agency at the district level, and the People's Committee of the commune where the investment project, production, business, or service is implemented; in cases where the investment project, production, business, or service is implemented on the territory of two (02) or more districts, it must be sent to the relevant People's Committees of the districts.

2. In cases where the environmental protection commitment statement is registered with the People's Committee of the commune level: Within two (02) working days from the date of registration, the People's Committee of the commune level shall send one (01) copy of the registered environmental protection commitment statement to the project proponent and the state management agency for environmental protection at the district level.

Article 35. Responsibilities of the project proponent after the environmental protection commitment statement has been registered

1. Implement measures to minimize adverse impacts on the environment as stated in the registered environmental protection commitment statement.

2. Cease operations and promptly report to the People's Committee of the commune and the People's Committee of the district where the project is located for guidance and coordination in handling incidents that cause adverse effects on environmental quality and public health during the implementation of the project, production, or business activities.

3. Cooperate, create favorable conditions, and provide all necessary information related to the state management agency for environmental protection conducting supervision, inspection, and audit activities during the implementation of the investment project, production, or business activities.

4. Re-establish the environmental protection commitment statement for the investment project, production, business, or service activities in the following cases:

a) Change of implementation location;

b) Failure to implement within twenty-four (24) months from the date of registration of the environmental protection commitment statement;

c) Change in scale, capacity, technology that increases the degree of adverse impact on the environment or the scope affected by these changes.

5. In cases where the investment project, production, business, or service activity undergoes changes in nature or scale equivalent to the objects required to prepare an Environmental Impact Assessment Report as prescribed in Appendix II of this Decree, the project proponent or facility owner must prepare an Environmental Impact Assessment Report and submit it to the competent authority as stipulated in Article 18 of this Decree for review and approval in accordance with regulations.

Article 36. Responsibilities of State Agencies Registering Environmental Protection Commitments

1. Inspect the implementation of environmental protection measures stipulated in registered environmental protection commitments and current laws on environmental protection during the implementation of investment projects and production and business activities.

2. Receive and process proposals and recommendations from project investors, facility owners, or other organizations and individuals related to the implementation of environmental protection contents and measures during the implementation of investment projects and production and business activities.

3. Coordinate with project investors and production and business facility owners to promptly address incidents occurring during the implementation of investment projects and production and business activities.

Chapter V

IMPLEMENTING PROVISIONS

Article 37. Financial Regime for Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Protection Commitment Activities

1. The financial regime for strategic environmental assessment activities is regulated as follows:

a) Costs for preparing strategic environmental assessment reports are allocated within the construction budget for strategies, plans, and programs funded from state budget sources, including economic development funds and other sources, if available;

b) Costs for reviewing strategic environmental assessment reports are allocated from environmental development funds.

2. The financial regime for environmental impact assessment activities is regulated as follows:

a) Costs for preparing environmental impact assessment reports are allocated from the investor's project investment capital;

b) Costs for activities related to reviewing environmental impact assessment reports shall be allocated from the fees collected for reviewing environmental impact assessment reports;

c) Costs for inspecting and confirming that the investor has implemented environmental protection works and measures are allocated from environmental development funds.

3. The financial regime for environmental protection commitment activities is regulated as follows:

a) Costs for preparing environmental protection commitments are allocated from the investor's project investment capital;

b) Costs for inspecting the implementation of environmental protection measures stated in the environmental protection commitment are allocated from environmental development funds.

4. Responsibilities for guidance:

a) The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide Points a and b Clause 1, Points b and c Clause 2, and Point b Clause 3 of this Article;

b) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Planning and Investment to guide Point a Clause 2 and Point a Clause 3 of this Article for investment projects using state budget funds.

Article 38. Reporting System

1. The People's Committee at the district level shall submit reports to the People's Committee at the provincial level every six (06) months regarding the registration and inspection of the implementation of environmental protection commitments; and the registration of simple environmental protection programs within their jurisdiction. The reporting deadlines are as follows:

a) The first report before July 10 of the year of implementation;

b) The second report before January 10 of the following year.

2. The People's Committee at the provincial level shall submit reports to the Ministry of Natural Resources and Environment before January 15 each year regarding the review of strategic environmental assessment reports; the review and approval of environmental impact assessment reports; the registration of environmental protection commitments; the inspection and confirmation of environmental protection works and measures; the review and approval, and inspection and confirmation of detailed environmental protection programs; and the registration and inspection of the implementation of simple environmental protection programs of the previous year within their jurisdiction.

3. Ministries (excluding the Ministry of National Defense and the Ministry of Public Security), agencies equivalent to ministries, and government agencies shall submit reports to the Ministry of Natural Resources and Environment before January 15 each year regarding the review of strategic environmental assessment reports; the review and approval of environmental impact assessment reports; and the inspection and confirmation of environmental protection works and measures of the previous year within their respective areas of management.

4. The Ministry of Natural Resources and Environment shall provide detailed regulations on the content and format of the reports specified in Clauses 1, 2, and 3 of this Article.

Article 39. Transitional Provisions

1. Application Documents: Review of strategic environmental assessment reports; review and approval of environmental impact assessment reports; review and approval of supplementary environmental impact assessment reports; inspection and confirmation of the implementation of report contents and requirements of the decision approving the environmental impact assessment report; registration and confirmation of environmental protection commitments; confirmation of supplementary environmental protection commitments accepted by competent authorities before the effective date of this Decree shall continue to be processed according to the provisions of Government Decree No. 80/2006/ND-CP dated August 9, 2006, detailing and guiding the implementation of certain articles of the Law on Environmental Protection, and Government Decree No. 21/2008/ND-CP dated February 28, 2008, amending and supplementing certain articles of Government Decree No. 80/2006/ND-CP dated August 9, 2006, detailing and guiding the implementation of certain articles of the Law on Environmental Protection.

2. Concentrated production, business, and service zones or production, business, and service facilities that have been approved environmental protection programs shall be responsible for reporting to the approving authority on the implementation of environmental protection contents set out in the approved environmental protection program in accordance with the law at the time the environmental protection program was approved.

3. Concentrated production, business, and service zones or production, business, and service facilities that have not obtained decisions approving environmental impact assessment reports, supplementary environmental impact assessment reports, certificates of meeting environmental standards, environmental protection commitments, decisions approving or certificates confirming environmental protection programs by the effective date of this Decree, in addition to being subject to penalties under the law, must complete one of two remedial measures within a period not exceeding two (02) years from the date this Decree takes effect.

a) Prepare a detailed environmental protection plan for facilities with scale and nature equivalent to those required to prepare an environmental impact assessment report under this Decree, and submit it to the competent authority specified in Clause 2, Article 18 of this Decree for review and approval;

b) Prepare a simple environmental protection plan for facilities with scale and nature equivalent to those required to register an environmental protection commitment under this Decree, and submit it to the competent authority specified in Article 32 of this Decree for registration.

4. For production, business, and service concentration zones or production, business, and service facilities that have commenced formal operations following approval of an environmental impact assessment report but have not yet received confirmation of compliance with the contents of the report and requirements of the approval decision, in addition to being subject to penalties under current laws, must prepare a dossier requesting confirmation of implemented environmental protection works and measures and submit it to the competent authority specified in Article 26 of this Decree for inspection and confirmation within two (02) years from the date this Decree takes effect. The content of the dossier for requesting inspection and confirmation of environmental protection works and measures; procedures, deadlines, and methods for conducting inspections and confirmations shall be carried out in accordance with the provisions of Articles 24, 25, 27, and 28 of this Decree.

5. Detailed environmental protection plans and simple environmental protection plans serve as the basis for implementation by production, business, and service concentration zones or production, business, and service facilities, and form the foundation for relevant state management agencies to conduct inspections, audits, and handle violations.

6. The Ministry of Natural Resources and Environment shall provide detailed regulations on the preparation, review, approval, and inspection and confirmation of the implementation of detailed environmental protection plans; and the preparation and registration of simple environmental protection plans.

Article 40. Effective Date  

This Decree takes effect from June 5, 2011, and replaces the provisions in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of Decree No. 80/2006/NĐ-CP dated August 9, 2006, of the Government detailing and guiding the implementation of certain provisions of the Environmental Protection Law; and the provisions in Clauses 3, 4, 5, 6, 7, 8, 9, and 10 of Article 1 of Decree No. 21/2008/NĐ-CP dated February 28, 2008, of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006, detailing and guiding the implementation of certain provisions of the Environmental Protection Law.

Article 41. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall be responsible for guiding and organizing the implementation of this Decree.

Article 6. The Ministers, Heads of ministerial-level agencies, Heads of agencies attached to the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.