Thông tư 18/2016/TT-BNNPTNT

CIRCULAR

STIPULATING SOME CONTENTS ON STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT UNDER THE MANAGEMENT OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Law on Environmental Protection 55/2014/QH13 dated 23/6/2014;

Pursuant to the Construction Law No. 50/2014/QH13 dated 18/6/2014;

Pursuant to the Decree No. 199/2013/ND-CP dated 26/11/2013 of the Government defining the functions, duties, power and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Decree No. 18/2015/ND-CP dated 14/2/2015 of the Government stipulating the environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan;

Pursuant to the Circular No. 27/2015/TT-BTNMT dated 29/5/2015 of the Ministry of Agriculture and Rural Development on strategic environmental assessment, environmental impact assessment and environmental protection plan;

At the request of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development issues this Circular stipulating some contents on strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the formulation, appraisal and approval for the outline of report on strategic environmental assessment (hereinafter referred to as the SEA report), policies, planning, plans; formulation, appraisal and approval for the outline of report on environmental assessment (hereinafter referred to as the EA report), projects, appraisal, approval and opinion gathering on SEA reports and EA reports.

2. This Circular applies to the organizations and individuals involved in strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development (hereafter referred to the Ministry of Agriculture and RD).

3. For the environmental documents of ODA projects which must be approved by the Ministry of Agriculture and Rural Development including: report on environmental assessment, Environmental And Social Management Framework (ESMF), Ethnic Minorities Policy Framework (EMPF) and Environmental Management Plans (EMPs), the project owner shall submit them to the Ministry of Agriculture and Rural Development (the Department of Science, Technology and Environment) for appraisal and approval in accordance with the provisions in Articles 6, 7, 8, 9, 14, 15, 17 of this Circular and other current regulations.

Article 2. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Outline of SEA reports and EA reports is the explanation with content and volume of work and funding estimate for making the SEA reports and EA reports on the basis of current financial regulations.

2. Planning-making body is the subordinate unit which the Ministry of Agriculture and Rural Development assigns to make and manage the planning projects, plans and strategies.

3. Project owner is the units and bodies which are assigned by the Ministry of Agriculture and Rural Development to manage the projects.

4. Standing appraisal body is the state management body which is assigned by the Ministry of Agriculture and Rural Development to receive dossiers and verify them.

Article 3. Standing appraisal body

1. The General Departments directly managed by the Ministry of Agriculture and Rural Development are the standing body which verifies the EA reports of the projects which the Ministry of Agriculture and Rural Development assigns to be the focal unit to verify the investment projects.

2. The Department of Science, Technology and Environment is the standing body which verifies the SEA reports and EA reports under the management of the Ministry of Agriculture and Rural Development (except for the EA reports of the projects specified in Paragraph 1 of this Article).

Chapter II

FORMULATION, APPRAISAL AND APPROVAL FOR OUTLINE OF SEA REPORTS AND EA REPORTS

Article 4. Time to formulate the outline of SEA reports and EA reports

1. The outline of SEA reports is done simultaneously with the time of formulation of outline of strategies, planning and plans.

2. The outline of EA reports is done simultaneously with the time of formulation of investment project (feasibility report).

Article 5. Formulation, appraisal and approval for outline of SEA reports and EA reports

1. Outline of SEA reports

The planning-making body shall formulate, verify and approve the outline of SEA reports under the form specified in Appendix I and II issued with this Circular and must gather the written opinions from the Department of Science, Technology and Environment before approval.

2. Outline of EA reports

The project owner shall formulate, verify and approve the outline of EA reports under the form specified in Appendix I and II issued with this Circular and must gather the written opinions from the standing appraisal body of EA reports before approval.

3. Within ten (10) working days after the outline is approved, the planning-making body and the project owner shall send the approval decision with the outline to the Ministry of Agriculture and Rural Development (through the standing appraisal body specified in Article 3 of this Circular) for summary, monitoring and inspection of implementation.

Chapter III

APPRAISAL AND OPINION GATHERING ON SEA REPORTS

Section 1. APPRAISAL OF SEA REPORTS UNDER THE AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 6. Dossier for appraisal of SEA reports

The dossier for appraisal of SEA reports sent to the Department of Science, Technology and Environment shall comply with the provisions in Article 3 of Circular No. 27/2015/TT-BTNMT dated 29/5/2015 of the Ministry of Agriculture And Rural Development on strategic environmental assessment, environmental impact assessment and environmental protection plan (hereafter referred to as Circular No. 27/2015/TT-BTNMT).

Article 7. Verification, appraisal of dossier and announcement of result

1. Verification of dossier

a) If the dossier is valid, the Department of Science, Technology and Environment shall request the Ministry to set up the appraisal Council and carry out the appraisal;

b) If the dossier is not valid, within five (05) working days, the Department of Science, Technology and Environment shall inform in writing the planning-making body for modification and addition of dossier.

2. The appraisal Council is set up and operates under the provisions in Chapter Voluntary social insurance of Circular No. 27/2015/TT-BTNMT.

3. Announcement of appraisal result

a) Within five (05) working days after the end of meeting of the appraisal Council, the Department of Science, Technology and Environment shall inform in writing the appraisal result to the planning-making body, even when the appraisal Council does not approve the SEA reports.

b) After receiving the notification of appraisal result, the planning-making body shall receive the appraisal opinions and send it the Department of Science, Technology and Environment as stipulated in Paragraph 1, Article 5 of Circular No. 27/2015/TT-BTNMT;

c) When receiving the modified and added SEA report dossier, the Department of Science, Technology and Environment shall review the SEA reports. If the dossier is not satisfactory, within three (03) working days after receiving the dossier, the Department of Science, Technology and Environment shall continue sending a written request to the planning-making body for modification and completion.

Article 8. Report on appraisal result of SEA reports and dossier keeping

1. The Department of Science, Technology and Environment shall report to the level with authority to approve strategies, planning and plans on appraisal result of SEA reports within fifteen (15) working days after receiving the completed SEA report dossier from the planning-making body. The dossier of appraisal result report consists of:

a) Appraisal result report on strategic environmental assessment report is made under the form specified in Appendix 1.5 issued with Circular No. 27/2015/TT-BTNMT;

b) One (1) copy of written explanation about receiving the appraisal opinions on SEA report from the planning-making body.

2. The dossier kept at the Department of Science, Technology and Environment consists of:

a) Dossier for appraisal;

b) Dossier related to the appraisal Council;

c) Dossier of appraisal result report.

Article 9. Expenditure for appraisal of SEA reports

1. The expenditure for the appraisal is based on the current regulations.

2. The expenditure source for the appraisal is taken from the annual environmental non-business expenditure source.

Section 2. OPINION GATHERING OF SEA REPORTS NOT UNDER THE APPRAISAL AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 10. Dossier for opinion gathering on SEA reports

1. For the SEA reports not under the appraisal authority of the Ministry of Agriculture and Rural Development (specified under Points a and c, Paragraph 1, Article 16 of the Law on environmental protection dated 23/6/2014), the planning-making body must send dossier for opinion gathering on SEA report (hereafter referred to as dossier) directly or by post to the Department of Science, Technology and Environment to review and feedback in writing before submission to the body with appraisal authority.

2. The dossier consists of:

a) Official letter for opinion gathering on SEA report from the planning-making body shall comply with the form specified in Appendix III issued with this Circular;

b) One (01) SEA report is bound with the form of cover page, supplemental cover page and other requirements on structure and contents that shall comply with the form specified in Appendices 1.2 and 1.3 issued with Circular No. 27/2015/TT-BTNMT;

c) One (01) draft of policy, planning and plan.

Article 11. Procedure and time limit for opinion gathering and keeping of SEA reports

1. After receiving dossiers from the planning-making body, the Department of Science, Technology and Environment shall verify them. If they are not complete or valid, within five (05) working days after receiving the dossier, the Department of Science, Technology and Environment shall inform in writing to the planning-making body for completion.

2. If the dossiers are valid, within seven (07) working days after receiving them, the Department of Science, Technology and Environment shall send its opinions in writing on SEA reports to the planning-making body. The written opinion giving on SEA report shall comply with the form specified in Appendix IV issued with this Circular.

3. Where the dossiers have to be modified or added, the planning-making body shall have to get them modified or added as required in the written opinion giving of the Department of Science, Technology and Environment before submission to the body with appraisal authority specified in Paragraph 1, Article 16 of the Law on Environmental Protection dated 23/6/2014.

4. Within ten (10) working days after the result of appraisal, the planning-making body shall send the copy of appraisal result report attached to the copy of SEA report to the Department of Science, Technology and Environment for summary, monitoring and inspection of implementation.

Chapter IV

APPRAISAL, APPROVAL AND OPINION GATHERING OF EA REPORT

Section 1. APPRAISAL OF EA REPORT UNDER THE APPRAISAL AUTHORITY OF MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 12. Dossier for appraisal of EA reports

The project owner shall prepare and send the dossier for appraisal of EA reports directly or by post to the standing appraisal body. The dossier consists of:

1. The written request for appraisal of EA reports shall comply with the form specified in Appendix 2.1 issued with Circular No. 27/2015/TT-BTNMT.

2. Seven (07) EA reports of the project in Vietnamese language. The form of cover page, supplemental cover page and other requirements on structure and contents of EA report shall comply with the form specified in Appendices 2.2 and 2.3 issued with Circular No. 27/2015/TT-BTNMT;

3. One (01) feasibility report or investment project report or other equivalent documents.

Article 13. Verification and notification of dossier and fee collection

1. If the dossiers are not complete or valid, within five (05) working days after receiving them, the standing appraisal body shall inform in writing the project owner for dossier completion.

2. If the dossiers are valid, the standing appraisal body shall inform in writing the project owner for payment of appraisal fees which shall comply with the current regulations.

Article 14. Report appraisal organization

1. An appraisal Council shall be set up and operate in accordance with the provisions in Chapter V of Circular No. 27/2015/TT-BTNMT.

2. Within five (05) working days after the end of the last appraisal meeting of the appraisal Council, the standing appraisal body shall inform in writing of the appraisal result to the project owner, even where the appraisal Council does not approve the EA reports.

3. After receiving the notification of appraisal result, the project owner shall complete the EA report as stipulated in Paragraph 1, Article 9 of Circular No. 27/2015/TT-BTNMT and it to the standing appraisal body that requests the approval of EA report.

Article 15. Authority to approve, certify and keep dossier

1. Authority to approve the EA reports

a) The Ministry of Agriculture and Rural Development shall approve the EA reports which are appraised by the Department of Science, Technology and Environment;

b) The General Departments shall approve the EA reports which are appraised by the General Departments.

2. Approval and certification of EA reports

a) Where the EA reports are modified to meet the requirements, the standing appraisal body shall submit them to the competent authorities specified in Paragraph 1 of this Article for approval within fifteen (15) working days after receiving all valid dossiers.

b) The head of the standing appraisal body shall make certification behind the cover page or supplemental cover page of the approved EA report under the form specified in Appendix 2.8 issued with Circular No. 27/2015/TT-BTNMT;

c) The sending of certified EA report and decision on approval of EA report shall comply with the provisions in Paragraph 3, Article 9 of Circular No. 27/2015/TT-BTNMT within  fifteen (15) working days after the approval of EA report.

3. Dossier kept at the standing appraisal body consists of:

a) Dossier for appraisal;

b) Dossier related to the appraisal Council;

c) Approval decision and approved original of EA report.

Article 16. Expenditure for appraisal of EA reports

1. The expenditure for the appraisal is based on the current regulations.

2. The expenditure for the appraisal activities is taken from the appraisal fees.

Article 17. Responsibility of project owner after approval of EA report

1. The project owner must comply with the contents specified in Article 16 of Decree No. 18/2015/ND-CP dated 14/02/2015 of the Government stipulating the environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan (hereafter referred to as Decree No. 18/2015/ND-CP) after the approval of the EA report.

2. The inspection and certification of works of environmental protection in service of operation stage shall comply with the provisions in Article 17 of Decree No. 18/2015/ND-CP

Section 2. OPINION GATHERING OF EA REPORTS NOT UNDER THE APPRAISAL AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 18. Dossier for opinion gathering on EA reports

1. For the EA reports not under the appraisal authority of the Ministry of Agriculture and Rural Development (specified in Appendix III of Decree No. 18/2015/ND-CP), the shall send dossier for opinion gathering on EA report (hereafter referred to as dossier) directly or by post to the Department of Science, Technology and Environment to review and feedback in writing before submission to the body with appraisal authority specified in Paragraph, Article 14 of Decree No. 18/2015/ND-CP.

2. The dossier consists of:

a) Official letter for opinion gathering on EA report from the project owner shall comply with the form specified in Appendix III issued with this Circular;

b) One (01) EA report of project. The form of cover page, supplemental cover page, structure and other requirements on the contents of the environmental impact assessment shall comply with the form specified in Appendices 2.2 and 2.3 issued with Circular No. 27/2015/TT-BTNMT;

c) One (01) feasibility report or investment project report or other equivalent documents.

Article 19. Procedure and time limit for opinion gathering and keeping of EA reports

1. After receiving dossiers from the project owner, the Department of Science, Technology and Environment shall verify them. If they are not complete or valid, within five (05) working days after receiving the dossier, the Department of Science, Technology and Environment shall inform in writing to the project owner for completion.

2. If the dossiers are valid, within seven (07) working days after receiving them, the Department of Science, Technology and Environment shall send its opinions in writing on SEA reports to the project owner. The written opinion giving on EA report shall comply with the form specified in Appendix IV issued with this Circular.

3. Where the dossiers have to be modified or added, the project owner shall have to get them modified or added as required in the written opinion giving of the Department of Science, Technology and Environment before submission to the body with appraisal authority specified in Paragraph 1, Article 16 of the Decree No. 18/2015/ND-CP.

4. Within ten (10) working days after the approval of EA report, the project owner shall send the copy of approval decision attached to the copy of EA report to the Department of Science, Technology and Environment for summary, monitoring and inspection of implementation.

Chapter V

IMPLEMENTATION ORGANIZATION AND IMPLEMENTATION PROVISIONS

Article 20. Implementation organization

1. The Department of Science, Technology and Environment is responsible for guiding, inspecting and implementing the provisions of this Circular; summarizing and reporting the result and reality of implementation on the annual basis to the Minister of Agriculture and Rural Development for approval and submission to the Ministry of Natural Resources and Environment.

2. The General Departments shall make appraisal and report on appraisal result and appraisal fee use result of EA reports to the Department of Science, Technology and Environment before 25/12 of each year.

Article 21. Implementation provisions

1. This Circular takes effect from 10/8/2016 and replaces the Circular No. 09/2014/TT-BNNPTNT dated 26/3/2014 of the Minister of Agriculture and Rural Development stipulating some contents on strategic environmental assessment and environmental impact assessment under the management of the Ministry of Agriculture and Rural Development.

2. Any problem arising during the implementation should be promptly reported to the Ministry of Agriculture and Rural Development (through the Department of Science, Technology and Environment) for modification and addition./.

FORM OF COVER PAGE AND SUPPLEMENTAL COVER PAGE OF OUTLINE OF SEA REPORTS AND EA REPORTS
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry of Agriculture and Rural Development)

Note:

(1): Full name of strategy, planning, plan or project

(*): Only indicated on the supplemental cover page

APPENDIX II

FORM OF STRUCTURE AND CONTENT OF OUTLINE OF SEA REPORTS AND EA REPORTS
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry of Agriculture and Rural Development)

1. Brief description of content of strategy, planning, plan or project

For making the SEA reports

The following main contents must be described:

- Origin and circumstance that led to the strategy, planning, plan or project;

- Scope of space and time of the strategy, planning, plan or project;

- Objectives, viewpoints and development

- Main orientations and solutions to environmental protection of the strategy, planning, plan;

- Plan for implementation organization.

For making the EA reports

The following main contents must be described:

- Geographical location of the location of the project implementation in relation to natural subjects, economic - social subjects and security – national defense subjects;

- Objectives and duties of project;

- Scale of project items; clarify if it is a project of renovation, upgrade, repair or new construction;

- Indicate the unit is assigned by the Ministry of Agriculture and Rural Development as a focal unit for project appraisal (in order to identify the standing body appraising the EA report of the project specified in Article 3 of this Circular);

- Progress of the project.

2. Scope of consultation implementation

It is necessary to specify the scope of making SEA reports (EA reports) including the scope of space and time.

3. Used methods

Indicate the used methods during the making of SEA reports (EA reports).

4. Content of consultation implementation

4.1. Field activities

Based on the specific contents for each strategy, planning, plan or project, the main activities consist of:

- Collection and processing of existing data and documents of natural, social and economic conditions, current state of environmental components and primary data on:

+ Data and topographic map; geology; hydrogeology; land; meteorological data, hydrology, oceanography (of various years); data on air quality, soil, water (of various years); data on biological resources ...;

+ Economic data (sectors: industry, agriculture, fisheries, animal husbandry, tourism); social data (population, ethnic group, culture, health, income, ...); data on buildings, historical sites , religion, culture, famous landscape; data on land clearance, compensation and relocation ...;

- Sample collection and analysis of environmental quality: air, noise, land, water, biological resources...,

- Community consultation.

4.2. Internal activities

Based on the specific contents for each strategy, planning, plan or project, the main activities consist of:

- Processing, analysis and summary of data of field activities;

- Making of various maps: project location, project overall layout, current state of irrigation, inundation, environment, sampling location, monitoring ...

- Writing of special subjects of current state: natural – social economic conditions; current state (land, water, air, biological resources); environmental incidents; relocation – resettlement; analysis and comparison of objectives and viewpoints of projects with the objectives and viewpoints of environmental protection in documents, etc.

- Writing of special subjects on forecasting and assessment: identification of main environmental issues; assessment of project impact on objectives and viewpoints of environmental protection in documents; assessment and comparison of schemes; forecasting of trends of main environmental issues; assessment of impact of planning component on environment; impact of overall planning on environment; recommended adjustment of objectives, viewpoints and contents of planning; other relevant recommended adjustment of planning; identification of impact-causing sources; assessment and forecasting of project impact on environment and society; recommendation of environmental protection orientation, etc.

- Writing of special subjects on prevention and minimization in stages of implementation; environmental management programs; environmental monitoring programs, fees for environmental protection, etc.

- Summary of SEA reports (EA reports).

5. Volume and implementation progress

Based on the specific content for each strategy, planning, plan or project, it is necessary to indicate the volume of work to carry out the above contents and recommend the progress of each work item of consultation activities.

6. Funding estimate

- Grounds for estimate preparation;

- Detailed estimate preparation of each work item based on the current financial regulations; technical economic norms and applicable unit price.

APPENDIX III

FORM OF OPINION GATHERING ON SEA REPORT AND EA REPORT
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry of Agriculture and Rural Development)

To: (1)

Name of planning-making body (Project owner) assigned by the Ministry of Agriculture and Rural Development to manage (be the project owner) of (2), has:

- Contact address: …;

- Tel:                  Fax:...;              E-mail: ...

(2) (2) under the approval authority/investment decision and approval authority of (3).

Name of the planning-making body (project owner) send (1) dossier, including:

- For dossier of SEA reports, including: One (01) report on strategic environmental assessment and one (01) general report of (2);

- For dossier of EA reports, including: One (01) report on environmental impact assessment and one (01) feasibility report or investment project or equivalent documents of (2).

Kindly request (1) to give opinions on SEA reports (EA reports) of (2)./.

Note:

(1) Standing appraisal body;

(2) Full name of strategy, planning, plan or project;

(3) Body approving the strategy, planning, plan or having authority to make decision or approve the investment.

APPENDIX IV

FORM OF OPINION GIVING ON SEA REPORT AND EA REPORT
(Attached to Circular No. 18/2016/TT-BNNPTNT dated 24/6/2016 of the Ministry of Agriculture and Rural Development)

 Subject: Giving opinions on SEA reports

(EA reports) of (2)

To: (1)

Name of planning-making body (Project owner) submitting document No.....dated.... …/…/20…on opinion gathering on SEA reports (EA reports) of (2).

After considering, (3) has opinions on SEA reports (EA reports) as follows:

1. About dossier of SEA reports

2. About content of SEA reports (EA reports)

Where the SEA reports (EA reports) does not meet the prescribed quality requirements and must be modified or added, (3) shall give detailed and specific opinions in order of chapters and sections of SEA reports (EA reports) under the corresponding form specified in Appendix 1.3 (Appendix 2.3) issued with Circular No. 27/2015/TT-BTNMT.

Note:

(1) Planning-making body or Project owner;

(2) Full name of strategy, planning, plan or project;

(3) Standing appraisal body