Circular No. 490/1998/TT-BKHCNMT guiding the preparation and review of environmental impact assessment reports for investment projects

CIRCULAR

Guidelines for preparing and reviewing Environmental Impact Assessment Reports for investment projects

environmental impact assessment report for investment projects

 

Pursuant to the Law on Environmental Protection adopted by the National Assembly of the Socialist Republic of Vietnam on December 27, 1993 and promulgated by the President on January 10, 1994;

Pursuant to the Government Decree No. 175/CP dated October 18, 1994 guiding the implementation of the Law on Environmental Protection;

Pursuant to Decree No. 10/1998/NĐ-CP dated January 23, 1998 of the Government on certain measures to encourage and ensure foreign direct investment activities in Vietnam;

Pursuant to Directive No. 11/1998/CT-TTg dated March 16, 1998 of the Prime Minister regarding the implementation of Government Decree No. 10/1998/NĐ-CP and improvements to procedures for foreign direct investment;

Pursuant to Government Decree No. 22/CP dated May 22, 1993 concerning the tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment;

The Ministry of Science, Technology, and Environment (KHCN&MT) provides guidelines for preparing and reviewing environmental impact assessment reports for domestic investment projects, joint ventures, and foreign direct investments in Vietnam,

 

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

I.1. All domestic investment projects, joint ventures, business cooperation with foreign countries, 100% foreign capital investments, and other types of investments (collectively referred to as investment projects) carried out within the territory of Vietnam must comply with the provisions of this Circular regarding environmental protection.

I.2. The Ministry of Science, Technology, and Environment (KHCN&MT) categorizes investment projects into two types:

1. Projects required to prepare and submit for review environmental impact assessment reports, referred to in this Circular as Type I projects: including projects with potential to cause widespread environmental pollution, likely to cause environmental accidents, difficult to control, and difficult to determine environmental standards. The list of these projects is attached in Appendix I.

These projects will be registered as meeting environmental standards if they are invested in industrial zones/export processing zones that have been approved with environmental impact assessment reports.

2. All remaining projects, referred to in this Circular as Type II projects, will be registered as meeting environmental standards based on self-established and analyzed environmental impact assessment reports.

I.3. The approval decision on the Environmental Impact Assessment Report or the Confirmation Certificate of the "Environmental Standard Compliance Registration" serves as the legal basis for environmental matters for State authorities to consider and permit the project to proceed with subsequent steps.

 

II. IMPLEMENTATION STAGES

II.1. Stage of applying for Investment License.

1. For Type I projects.

In the dossier of Type I projects, there must be a section or chapter briefly describing the potential impacts of the project on the environment (Appendix II). This is the basis for state management agencies on environmental protection to examine during the dossier review process.

2. For Type II projects.

Type II projects must prepare an "Environmental Standard Compliance Registration" and submit it to the state management agency on environmental protection for examination.

The contents of the environmental standard compliance registration are stipulated in Appendix III of this Circular.

The submitted dossier includes:

Application for environmental standard compliance registration according to the model in Appendix IV.2.

Three copies of the environmental standard compliance registration. If the project is a foreign direct investment or a joint venture with foreign parties, an additional copy in English must be provided.

One copy of the feasibility study report or economic-technical justification of the project.

II.2. Design and Construction Stage.

1. After obtaining the investment license and determining the location, Type I projects must prepare an environmental impact assessment report and submit it to the state management agency on environmental protection for review.

2. The contents of the environmental impact assessment report are stipulated in Appendix I.2 of Government Decree No. 175/CP dated October 18, 1994.

3. The dossier for submission for review includes:

Application for review of the environmental impact assessment report according to the model in Appendix IV.1.

Seven copies of the environmental impact assessment report. If the project is a foreign direct investment or a joint venture with foreign parties, an additional copy in English must be provided.

One copy of the feasibility study report or economic-technical justification of the project.

II.3. Completion Stage.

Before the construction project can be put into operation, the state management agency on environmental protection has the responsibility to:

Coordinate with the construction permit issuing authority to inspect waste treatment facilities and other safety conditions as prescribed by environmental protection regulations.

If non-compliance with approved environmental protection measures is discovered, the project owner must be required to address the issue in accordance with the reviewed environmental impact assessment report or the confirmed environmental standard compliance registration.

When the project meets all environmental protection requirements, the state management agency on environmental protection will consider granting the corresponding permit.

 

III. REVIEW ORGANIZATION

1. The分级审定环境影响报告书和审查“环境标准达标登记表”的工作按照政府第175/CP号1994年10月18日法令的附录二进行。

2. The review of environmental impact assessment reports must be conducted in accordance with the spirit of Decision No. 1806/QĐ-MTg and Regulation No. 1807/MTg issued by the Ministry of Science, Technology, and Environment on December 31, 1994.

3. The level conducting the review shall issue the Decision Approving the Environmental Impact Assessment Report (Appendix V) for Type I projects and the Confirmation Certificate of the Environmental Standard Compliance Registration (Appendix VI) for Type II projects, and shall be responsible for monitoring the environmental protection activities of the project.

4. In some cases, local state management agencies on environmental protection may conduct reviews of Type I projects and examine Type II projects not within their jurisdiction after receiving a request for delegation and obtaining approval from the Ministry of Science, Technology, and Environment.

5. The review period for environmental impact assessment reports shall not exceed 60 days from the date when the competent state management agency on environmental protection receives a complete and valid dossier. In case the dossier does not meet the requirements, the reviewing agency shall notify the project owner of the need to adjust and supplement the dossier within the latest five days.

Within the latest ten days after the environmental impact assessment report is approved, the reviewing agency shall issue the Decision Approving the Environmental Impact Assessment Report for the project.

6. The period for reviewing the "Environmental Standard Compliance Registration Form" and issuing the "Confirmation Certificate" shall not exceed twenty days from the date when the State Management Agency for Environmental Protection receives all valid documents. In cases where the submitted documents do not meet requirements, the reviewing agency must notify the Project Owner to make adjustments and supplements within no more than five days.

 

IV. ENVIRONMENTAL STANDARDS

1. All projects implemented on the territory of Vietnam must comply with the Vietnamese environmental standards issued by the Minister of Science and Technology & Environment. Projects carried out in localities that have their own specific environmental standards may apply such local standards provided they are stricter than those issued by the Ministry of Science and Technology & Environment.

2. In cases where applicable environmental standards are not specified in the Vietnamese environmental standards, the Project Owner may request to apply advanced countries' environmental protection standards upon written permission from the Ministry of Science and Technology & Environment.

 

V. IMPLEMENTATION PROVISIONS

This Circular replaces Circular No. 1100/TT-MTg issued by the Ministry of Science and Technology & Environment on August 20, 1997.

The Ministry of Science and Technology & Environment authorizes local Departments of Science and Technology & Environment to strictly monitor and supervise the implementation of decisions approving environmental impact assessment reports, confirmation certificates for environmental standard compliance registration forms, and adherence to current environmental protection regulations for all projects under their jurisdiction. Violating projects will be dealt with strictly according to the law.

The Department of Environment under the Ministry of Science and Technology & Environment or the local Department of Science and Technology & Environment is responsible for conducting reviews and issuing Confirmation Certificates for environmental standard compliance registration forms for projects in accordance with the classification provisions set forth in Point 1, Section III of this Circular.

Environmental impact assessment reports submitted to the State Management Agency for Environmental Protection before the effective date of this Circular will be reviewed according to previous regulations.

This Circular takes effect fifteen days after its issuance date./.

 

ANNEX I

LIST OF PROJECTS REQUIRED TO SUBMIT ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

1. Construction works located within or adjacent to environmentally sensitive areas, natural conservation zones, tourist sites, cultural and historical sites of national and international significance.

2. Planning:

2.1. Regional development;

2.2. Industry sector development;

2.3. Urban planning;

2.4. Industrial Zones/Export Processing Zones;

3. Petroleum:

3.1. Extraction;

3.2. Processing;

3.3. Transportation;

3.4. Oil storage facilities (with a capacity of 20,000 cubic meters or more);

4. Iron and steel smelting plants, non-ferrous metal plants (with a production capacity of 100,000 tons or more per year);

5. Leather processing plants (with a production capacity of 10,000 tons or more per year);

6. Textile dyeing plants (with a production capacity of 20 million square meters of fabric or more per year);

7. Paint manufacturing plants (with a production capacity of 1,000 tons of products or more per year), rubber processing plants (with a production capacity of 10,000 tons of products or more per year);

8. Sugar refineries (with a production capacity of 100,000 tons of sugarcane or more per year);

9. Food processing plants (with a production capacity of 1,000 tons of products or more per year);

10. Cold storage plants (with a production capacity of 1,000 tons of products or more per year);

11. Thermal power plants (with a production capacity of 200 MW or more);

12. Paper pulp and paper plants (with a production capacity of 40,000 tons of pulp or more per year);

13. Cement plants (with a production capacity of 1 million tons of cement or more per year);

14. Tourist and entertainment zones (with an area of 100 hectares or more);

15. Airports;

16. Ports (for ships with a deadweight tonnage of 10,000 DWT or more);

17. Railways, expressways, highways (Class I to Class III according to TCVN 4054-85 standards) with a length of over 50 kilometers;

18. Hydroelectric power plants (with a water storage capacity of 100 million cubic meters or more);

19. Water conservancy projects (irrigation, drainage, salinity control... covering an area of 10,000 hectares or more);

20. Wastewater treatment facilities (centralized wastewater treatment plants with a capacity of 100,000 cubic meters per day-night or more; solid waste landfill sites);

21. Mineral extraction and construction materials (total volume of solid minerals and rocks extracted of 100,000 cubic meters or more per year);

22. Timber logging forest farms (all);

23. Aquaculture zones (with an area of 200 hectares or more);

24. Production, storage, and use of hazardous chemicals (all);

25. Nuclear reactors (all);

* For projects mentioned above, if they are invested in industrial zones/export processing zones that have already been approved for environmental impact assessment reports, they can register for environmental standards based on self-established and analyzed environmental impact assessment reports.

 

ANNEX II

EXPLANATION OF FACTORS AFFECTING THE ENVIRONMENT

(in the feasibility study report or economic-technical justification report
to apply for investment permit)

I. Summarize the main factors affecting the environment.

1. Information about the current environmental conditions at the project site (surface water quality, groundwater, air, ecosystems...). General observations on the level of pollution at the proposed project location.

2. Describe the production process flow diagram/technology, raw materials and fuels to be used, list of chemicals... (if not clearly explained in the economic-technical justification report).

3. When implementing the project, clearly explain the main factors that will affect the environment due to the project's activities (estimate emissions of gases, wastewater, solid waste, noise...). Predict the possible degree of impact on the environment.

II. Propose (summary) solutions to mitigate negative impacts of the project on the environment.

 

ANNEX III
(For projects during the investment permit application phase)

CONTENT OF THE ENVIRONMENTAL STANDARD COMPLIANCE REGISTRATION FORM

Project Name:

Contact address:

Telephone number: Fax number:

1. Description of the proposed project site

Position

Land area

Nearest distance to residential areas and other industrial facilities

Current land use status

Water supply source, water intake point, daily water demand

Transportation system for raw material supply and product transportation

Location of wastewater reception from project activities

Location for storing and treating solid waste

2. Summary of production technology (Note: If the project includes both extraction and raw material supply areas, these issues must be described in detail.)

Total investment capital

List of raw materials, fuels, auxiliary materials (characteristics, annual demand, supplier locations)

Methods of transporting, supplying, and storing raw materials, fuels, and auxiliary materials

Capacity

Production line flowchart (Note: Fully describe all auxiliary processes: water treatment, power generation, boilers, heating systems, equipment cooling systems...)

Equipment characteristics

Product Quality

Methods for product storage and transportation.

3. Sources of pollution:

Exhaust Emissions

Source of generation

Load quantity

Concentration of pollutants

Wastewater (Note: specify all relevant parameters regarding cooling water and circulating water during production processes).

Source of generation

Load quantity

Concentration of pollutants

Solid waste

Source of generation

Load quantity

Concentration of pollutants

Project operation incidents: (fires, explosions, chemical leaks, oil spills...).

Cause of occurrence

Scope of impact

3. Pollution reduction measures.

Emission collection and treatment system:

Chimney height

Treatment equipment characteristics

Applied technology and treatment efficiency

Chemicals used (quantity, composition)

Waste from the treatment process

Estimated construction, installation, and operational costs.

Wastewater collection and treatment system:

Collection and drainage channels

Structure of treatment tanks

Applied technology and treatment efficiency

Chemicals used (quantity, composition)

Waste from the treatment process

Estimated construction, installation, and operational costs

Solid waste collection and treatment procedures:

Structure of solid waste storage tanks/bins

Transportation procedures

Treatment techniques (drying, solidification, landfilling; incineration; composting...)

Estimated construction, installation, and treatment costs

Greenery planting ratio within the factory premises

Emergency prevention and response plan:

- Column (10): Remaining value recorded in accounting books or value according to the appraisal result at the time of handover (if applicable).

Procedures

Chemicals used

Effectiveness

Estimated cost for purchasing equipment and regular drills.

5. Environmental monitoring program:

Monitoring locations

Monitoring criteria

Frequency of monitoring

Estimated implementation costs.

6. Commitment to meet environmental standards.

Applicable Vietnamese standards

Foreign standards applied if Vietnamese standards are not available (name of country, year of issuance, issuing authority, effective application period).Note: attach a full copy of the standard content)

Completion time for pollution control works

Commitment to be held legally responsible before Vietnamese law if international conventions, Vietnamese standards are violated, and environmental pollution incidents occur.

(Place of registration) day month year 199...

Investor's representative

(clearly state name, position, and stamp)

ANNEX IV.1

 

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

(Location), day month year 199...

 

APPLICATION FOR REVIEW
ENVIRONMENTAL IMPACT ASSESSMENT REPORT

Respectfully submitted to: Ministry of Science, Technology and Environment.

(People's Committee of Province/City under Central Government)

We are...Project Owner...

...................................................................................................

Contact address:...

Project location:...

Telephone number:...; Fax number...

We hereby submit to the Ministry (People's Committee of Province/City) the following documents:

Economic and technical justification (one copy in Vietnamese),

Environmental Impact Assessment Report (seven copies in Vietnamese and one copy in English).

We guarantee the accuracy of the data in the submitted documents and commit that our project does not use chemicals or microorganisms banned in Vietnam or in international conventions to which Vietnam is a party. We also ensure that the standards and norms of other countries and international organizations cited and used in our report are accurate and currently in effect.

If there are any violations, we will fully accept responsibility under Vietnamese law.

We make this application requesting the Ministry of Science, Technology and Environment (People's Committee of Province/City under Central Government, authorized Ministry) to review./.

Project Director

(Signature and stamp)

 

ANNEX IV.2

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

 

(Location), day month year 199...

 

APPLICATION FOR ENVIRONMENTAL STANDARDS COMPLIANCE REGISTRATION

Respectfully submitted to: Ministry of Science, Technology and Environment.

(People's Committee of Province/City under Central Government)

 

We are...Project Owner...

........................................................................................................

Contact address:...

Project location:...

Telephone number:...; Fax number...

We hereby submit to the Ministry (People's Committee of Province/City) the following documents:

Economic and technical justification (one copy in Vietnamese),

Environmental Standards Compliance Registration (three copies in Vietnamese and one copy in English).

We guarantee the accuracy of the data in the submitted documents and commit that our project does not use chemicals or microorganisms banned in Vietnam or in international conventions to which Vietnam is a party. We also ensure that the standards and norms of other countries and international organizations cited and used in our registration are accurate and currently in effect. We pledge to construct pollution control facilities according to schedule and ensure funding for facility operation and environmental monitoring.

If there are any violations, we will fully accept responsibility under Vietnamese law.

We make this application requesting the Ministry of Science, Technology and Environment (People's Committee of Province/City under Central Government, authorized Ministry) to confirm./.

Project Director

(Signature and stamp)

 

ANNEX V

MINISTRY OF SCIENCE AND TECHNOLOGY SOCIALIST REPUBLIC OF VIETNAM

AND RURAL DEVELOPMENT Independence - Freedom - Happiness

 

(People's Committee of Province/City)

No.: …/QĐ-BKHCNMT (Issuing Authority), day month year 199...

DECISION OF THE MINISTER
MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

(Chairman of People's Committee of Province/City under Central Government)

Regarding: Approval of the Environmental Impact Assessment Report of the project

..........................................................................................................................

THE MINISTER
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
(Chairman of People's Committee of Province/City under Central Government)

Based on the Law on Environmental Protection adopted by the National Assembly of the Socialist Republic of Vietnam on December 27, 1993.

Based on Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection.

Based on Decree No. 22/CP dated May 22, 1993 of the Government on the tasks, powers, and organizational structure of the Ministry of Science, Technology and Environment (People's Committee of Province/City under Central Government).

Considering the Application for Review of the Environmental Impact Assessment Report dated day month year 199... of...

Considering the Minutes of the Meeting of the Review Board for the Environmental Impact Assessment Report of the project... dated day month year 199...

 

Pursuant to …;

Article 1. Approving the contents of the Environmental Impact Assessment Report of the project... which have been approved by the Review Board on day month year 199 and the additional contents required (in case of organizing a Review Board).

Article 2. The Project Owner is responsible for implementing the contents stated in the Environmental Impact Assessment Report and the requirements for the Project Owner attached to this Decision.

Article 3. The Environmental Impact Assessment Report of the project and the requirements for the Project Owner serve as the basis for state management agencies on environmental protection to inspect the project's environmental protection implementation.

Article 4. After completing environmental works, the Project Owner must submit a written report to the state management agency on environmental protection for inspection.

Article 5. Entrusting the Department of Science, Technology and Environment of the Province/City...to monitor the project's environmental protection implementation./.

 

ANNEX VI

MINISTRY OF SCIENCE AND TECHNOLOGY SOCIALIST REPUBLIC OF VIETNAM

AND RURAL DEVELOPMENT Independence - Freedom - Happiness

(People's Committee of Province/City)

ENVIRONMENT PROTECTION DEPARTMENT

(Department of Science, Technology and Environment)

No. …/CMTg Issuing Authority), day month year 199...

(Document code of the Department)

CERTIFICATION FORM
ENVIRONMENTAL STANDARDS COMPLIANCE REGISTRATION

of the project:......................................................................................

DIRECTOR OF THE ENVIRONMENT PROTECTION DEPARTMENT

(Director of the Department of Science, Technology and Environment of the Province/City under Central Government)

 

Enterprise (in capital letters): ...

Article 1. The project...has submitted the Environmental Standards Compliance Registration on day...month...year 199...

Article 2. The Project Owner is responsible for implementing the contents stated in the Environmental Standards Compliance Registration.

Article 3. The environmental standard registration of the Project serves as the basis for state management agencies on environmental protection to inspect the implementation of environmental protection by the Project.

Article 4. After completing environmental works, the Project Owner must submit a written report to the state management agency on environmental protection for inspection.