This Decree amends and supplements Clause 3 of Article 39 of Decree No. 29/2011/ND-CP, concerning the measures to remedy the consequences of violations for production, business, and service establishments that were operating before June 5, 2011, without a decision approving the environmental impact assessment report. These establishments must implement the remedial measures for violation consequences before December 31, 2014.
Scope of application
[Production, business, and service establishments that were operating before June 5, 2011, without a decision approving the environmental impact assessment report]
Key points
- Concentrated production, business, and service areas or production, business, and service establishments that were operating before June 5, 2011, without a decision approving the environmental impact assessment report must implement the remedial measures for violation consequences before December 31, 2014 (Article 1)
- These establishments may choose between preparing a detailed or simplified environmental protection plan to remedy the violation consequences, depending on the scale and nature of the establishment (Article 1)
- The Minister of Natural Resources and Environment shall be responsible for guiding and organizing the implementation of this Decree (Article 2.1)
- This Decree takes effect from June 15, 2014, and abolishes Clause 3 of Article 39 of Decree No. 29/2011/ND-CP (Article 3)
- Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree (Article 2.2)
🌐 Social impact of this document
- Production, business, and service establishments that were operating before June 5, 2011, without a decision approving the environmental impact assessment report will have to implement the remedial measures for violation consequences, thereby creating conditions for more rigorous environmental protection.
- Implementing the remedial measures for violation consequences may incur costs and certain difficulties for production, business, and service establishments.
❓ Frequently asked questions
Which establishments must implement the remedial measures for violation consequences?
Concentrated production, business, and service areas or production, business, and service establishments that were operating before June 5, 2011, without a decision approving the environmental impact assessment report.
What is the final deadline for implementing the remedial measures for violation consequences?
Before December 31, 2014.
How can these establishments choose the remedial measures for violation consequences?
They may choose between preparing a detailed or simplified environmental protection plan, depending on the scale and nature of the establishment.
Who is responsible for guiding and organizing the implementation of this Decree?
The Minister of Natural Resources and Environment.
When does this Decree take effect?
From June 15, 2014.
Full text
DECREE
Amending and supplementing certain Articles of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment
concerning strategic environmental assessment, environmental impact assessment, and environmental protection commitment
____________________
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.
At the proposal of the Minister of Natural Resources and Environment,
The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment (hereinafter referred to as Decree No. 29/2011/NĐ-CP).
Article 1. Amending and supplementing Clause 3, Article 39 of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment (referred to as Decree No. 29/2011/NĐ-CP) as follows:
"3. Industrial production, business, and service zones or individual industrial production, business, and service facilities (collectively referred to as facilities) that were operational by June 5, 2011 but did not have a decision approving an environmental impact assessment report, a supplementary environmental impact assessment report approval decision, an environmental standard compliance registration certificate, or an environmental protection commitment, in addition to being subject to penalties under the law, must implement one of the two remedial measures for violations before December 31, 2014 as follows:"
a) Prepare a detailed environmental protection plan for facilities with scale and characteristics equivalent to those required to prepare an environmental impact assessment report as stipulated in Clause 1, Article 12 of Decree No. 29/2011/NĐ-CP and submit it to the competent authority specified in Clause 2, Article 18 of Decree No. 29/2011/NĐ-CP for review and approval;
b) Prepare a simple environmental protection plan for facilities with scale and characteristics equivalent to those required to register an environmental protection commitment as stipulated in Article 29 of Decree No. 29/2011/NĐ-CP and submit it to the competent state authority specified in Article 32 of Decree No. 29/2011/NĐ-CP for registration."
Article 2. Responsibility for Implementation
1. The Minister of Natural Resources and Environment shall be responsible for guiding and implementing this Decree.
2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.
Article 3. Implementation Provisions
1. This Decree takes effect from June 15, 2014.
2. This Decree abolishes Clause 3, Article 39 of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment./.
PRIME MINISTER
Original document (PDF)
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: