Thông tư 09/2014/TT-BNNPTNT

CIRCULAR

PROVIDING GUIDANCE ON STRATEGIC ENVIRONMENT APPRAISAL, ENVIRONMENTAL IMPACT APPRAISAL UNDER MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Decree No. 199/2013/NĐ-CP dated November 26, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Environment protection;

Pursuant to the Law on Construction No. 16/2003/QH11 dated 26/11/2003, the Law on the amendment and supplementation of the laws related to fundamental construction No. 38/2009/QH12 by the National Assembly;

Pursuant to the Decree No. 29/2011/NĐ-CP dated April 18, 2011 by the Government on strategic environment appraisal, environmental impact appraisal, commitment to environment protection;

Pursuant to the Circular No. 26/2011/TT-BTNMT dated July 18, 2011 by the Ministry of Natural Resources and Environment detailing a number of articles of the Decree No. 29/2011/NĐ-CP dated April 18, 2011 by the Government on strategic environment appraisal, environmental impact appraisal, commitment to environment protection;

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

The Minister of Agriculture and Rural development promulgates the Circular providing guidance on strategic environment appraisal, environmental impact appraisal under the management of the Ministry of Agriculture and Rural Development.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation, regulated entities

1. This Circular provides for the development, appraisal and approval for the draft of the report on strategic environment appraisal (hereinafter referred to as SEA) of strategies, planning and plans; the production of report on environmental impact appraisal (hereinafter referred to as EIA) of investment project; the appraisal, approval, collection of opinions for SEA reports and EIA reports under the management of the Ministry of Agriculture and Rural Development.

2. This Circular applies to organizations and individuals relating to the production of SEA reports and EIA reports under the management of the Ministry of Agriculture and Rural Development.

3. Regarding the documents about the ODA project including the report on environment appraisal, earth system modeling framework (ESMF), ethnic minority policy framework (EMPF) and environmental management plans (EMPs), project owners shall request the Ministry of Agriculture and Rural Development (via Department of Science, Technology, and Environment) to appraise, approve such documents according to the regulations in Articles 6, 7, 9, 14, 15 of this Circular, the provisions of International Agreement concerning ODA and other applicable regulations.

Article 2. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. SEA/EIA draft report means a description of content, the amount of work and budget estimates for the report on SEA or the report on EIA according to the applicable regulation on finance.

2. A project owner is an agency or a unit that the Ministry of Agriculture and Rural development authorizes to manage a strategy, planning, plan or a project.

3. A consultancy unit is an organization with legal personality, sufficient capability and experience, operated conformably to the regulations that is hired a project owner to draw up the SEA report or EIA report according to the applicable regulation.

4. Projects means the strategies, planning, plans, projects under the management of the Ministry of Agriculture and Rural Development.

5. Standing appraisal agency means a State management agency that the Ministry of Agriculture and Rural Development assigned to receive documents and conduct appraisals.

Article 3. Standing appraisal agency

1. The General Departments affiliated to the Ministry of Agriculture and Rural Development are standing agencies in charge of appraising the EIA reports of the projects relating to majors within the tasks that the Minister of Agriculture and Rural development approves and assigns the General Department to carry out (except for the projects whose direct owner is a General Department).

2. Department of Science, Technology, and Environment is the standing appraisal agency of SEA reports and EIA reports under the management of the Ministry of Agriculture and Rural Development (except for the projects specified in clause 1 of this Article).

Chapter 2.

PRODUCTION, APPRAISAL, APPROVAL FOR DRAFT REPORT ON SEA/EIA

Article 4. Time for drawing up draft of SEA report or EIA report

1. The SEA draft report is drawn up concurrently with the production of draft of strategies, planning, and plans.

2. The SEA draft report is drawn up concurrently with the production of draft of strategies, planning, and plans.

Article 5. Production, appraisal and approval for SEA/EIA draft reports

1. Production of draft reports:

Project owners shall draw up the draft report according to the forms prescribed in Appendixes I and II enclose herewith.

2. Appraisal of draft reports:

a) Regarding the SEA draft reports: the project owner shall preside over the appraisal of the draft report.

b) Regarding the EIA draft reports: the project owner shall preside over the appraisal of the draft report according to the regulation on the management of investment projects on the construction of works.

3. Approval for draft reports:

a) Regarding the SEA draft reports:

The Minister of Agriculture and Rural development is in charge of approving SEA draft reports of the planning involving an entire branch, planning involving multiple branches or multiple fields under the management of the Ministry of Agriculture and Rural development.

Directors of General Departments, Directors of Departments are in charge of approving draft report on SEA of the planning of specific branches/fields under the management of a General Department/Department affiliated to Ministry of Agriculture and Rural development.

b) Regarding the EIA draft reports: the approval shall be in accordance with the regulations on the management of investment projects on the construction of works.

4. Within 10 working days from the day on which the draft report is approved, project owners shall submit the decision on approval enclosed with the draft report to the Ministry of Agriculture and Rural Development (via a standing appraisal agency specified in Article 3 of this Circular) for monitoring and examining.

Chapter 3.

APPRAISAL, COLLECTION OF OPINIONS ABOUT SEA REPORTS

Section 1: APPRAISAL OF SEA REPORTS WITHIN THE COMPETENCE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 6. Application for appraisal of SEA reports

The application for appraisal of SEA reports shall be sent to a standing appraisal agency according to the provisions in clause 2, 3 and 4 Article 5 of the Circular No. 26/2011/TT-BTNMT dated 18/7/2011 by the Ministry of Natural Resources and Environment providing guidance on a number of articles of the Decree No. 29/2011/NĐ-CP dated 18/4/2011 by the Government providing for strategic environment appraisal, environmental impact appraisal and commitment to environment protection (hereinafter referred to as the Circular No. 26/2011/TT-BTNMT)

Article 7. Examination of the application, appraisal and notification of the results

1. Examination of the application

a) If the application is satisfactory, the standing appraisal agency shall establish an Appraising council and carry out the appraisal;

b) If the application is unsatisfactory, within 5 working days from the day on which the application is received, the standing appraisal agency shall send a written notification to the project owner for completion.

2. The Appraising council is established and operated according to the provisions in Chapter 4 of the Circular No. 26/2011/TT-BTNMT

3. Notification of appraisal results

a) Within 5 working days from the day on which the session of Appraising council finishes, the standing appraisal agency shall send a written notification of the appraisal result to the project owner, whether or not the Appraising council approves the SEA report;

b) When the notification of the appraisal result is received, the project owner shall assimilate the appraisal opinions according to the provisions in Article 7 of the Circular No. 26/2011/TT-BTNMT;

c) When the modified SEA report is received, the standing appraisal agency shall re-examine the SEA report, if the report is unsatisfactory, another written request for completion shall be sent to the project owner.

Article 8. Report on appraisal results of SEA reports Decree retention of documents

1. The standing appraisal agency shall sent a appraisal result reporting document to an agency entitled to approve strategies, planning, plans within 15 working days from the day on which the document on completion of the SEA report of the project owner is received. Documents on appraisal result shall include:

a) A written report on the appraisal result of the SEA report according to the form prescribed in Appendix 1.9 enclosed with the Circular No. 26/2011/TT-BTNMT;

b) A copy of a writing containing the explanation of the project owner about the assimilation of opinions of the SEA report appraisal agency.

2. The following documents shall be retained at the standing appraisal agency:

a) Applications for appraisal;

b) Documents relating to the Appraising council;

c) Documents about appraisal result.

Article 9. Payment for the appraisal of SEA reports

1. Payment for the appraisal shall comply with the provisions of the Joint Circular No. 45/2010/TTLT-BTC-BTNMT dated March 30, 2010 by the Ministry of Finance and the Ministry of Natural Resources and Environment providing guidance on management of funding for environmental services and relevant applicable documents.

2. Budget for the spending on the appraisal is from annual source of funding for environmental services.

Section 2: COLLECTION OF OPINIONS ON SEA REPORT OUTSIDE THE COMPETENCE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT  

Article 10. Application for opinions on the SEA report outside the appraisal entitlement of the Ministry of Agriculture and Rural development

1. For the SEA report outside the appraisal entitlement of the Ministry of Agriculture and Rural Development, the project owner shall submit a document about SEA report to Department of Science, Technology, and Environment for opinions before requesting a competent agency to appraise according to the provision in clause 1 Article 7 of the Decree No. 29/2011/NĐ-CP dated 18/4/2011 by the Government providing for strategic environment appraisal, environmental impact appraisal and commitment to environment protection (hereinafter referred to as the Decree No. 29/2011/NĐ-CP).

2. Application for opinions shall include:

a) An Official Dispatch of request for opinions on the SEA report of the project owner;

b) A SEA report that is bound into book with covers and supplemental sheets and satisfies the requirements of structure, content according to the form in Appendixes 1.2 and 1.3 enclosed with the Circular No. 26/2011/TT-BTNMT;

c) A draft of the strategy, planning or plan.

Article 11. Procedures, time limit for collecting written opinions of the SEA report outside the appraisal entitlement of the Ministry of Agriculture and Rural Development.

1. When the application for opinion on the SEA report of the project owner is received, Department of Science, Technology, and Environment shall carry out the examination of the application. If the application is insufficient or unconformable, within 5 working days from the day on which the application is received, the Department of Science, Technology, and Environment shall send a written notification to the project owner for competition.

2. If the application is conformable, within 7 working days from the day on which the application is received, the Department of Science, Technology, and Environment shall send the project owner a writing containing opinions about the SEA report. Writing containing opinions on the SEA report shall be conformable to the form in Appendix III enclosed herewith.

3. On the basis of the opinions of the Department of Science, Technology, and Environment, the project owner shall complete the application before requesting the competent agency to appraise (specified in clause 1 Article 7 of the Decree No. 29/2011/NĐ-CP).

4. Within 10 working days from the day on which the SEA report is appraised by a competent State agency, the project owner shall submit to the Department of Science, Technology, and Environment a copy of the report on appraisal result enclosed with the SEA report for monitoring and examining.

Chapter 4.

APPRAISAL, APPROVAL AND OPINION COLLECTION FOR EIA REPORTS

Section 1: APPRAISAL OF EIA REPORT WITHIN THE COMPETENCE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 12. Application for appraisal of EIA reports

The project owner shall draw up and submit an application for appraisal of EIA report to standing appraisal agency. The application shall include:

1. A written application for appraisal of EIA report according to the form prescribed in Appendix 2.3 enclosed with the Circular No. 26/2011/TT-BTNMT;

2. 07 Vietnamese copies of EIA report on the project. The format of covers, supplemental cover sheets; structure and requirements for the content of EIA report shall be conformable to the provisions in Appendixes 2.4 and 2.5 enclosed with the Circular No. 26/2011/TT-BTNMT

3. 01 copy of investment project (feasibility study report).

4. Other documents specified in Clauses 4 and 5 Article 13 of the Circular No. 26/2011/TT-BTNMT (if any).

Article 13. Examination and notification of the application, collection of fees

1. If the application is insufficient or invalid, within 5 working days from the day on which the application is received, the standing appraisal agency shall send a written notification to the project owner for competition.

2. If the application is satisfactory, standing appraisal agency shall send the project owner a written notification of fee for the appraisal. The amount of appraisal fee shall be according to the tariff on appraisal of environmental impact appraisal enclosed with the Circular No. 218/2010/TT-BTC dated 29/12/2010 by the Ministry of Natural Resources and Environment providing for the tariff, the collection, payment and management of fees for the appraisal of EIA reports (hereinafter referred to as the Circular No. 218/2010/TT-BTC)

Article 14. The appraisal of EIA reports

1. Appraising council

a) Appraising council is established and operated according to the provisions of Chapter 4 of the Circular No. 26/2011/TT-BTNMT;

b) In case of necessary, a standing appraisal agency may carry out the activities specified in Clause 4 Article 18 of the Decree No. 29/2011/NĐ-CP.

2. Notification of the appraisal result of the standing appraisal agency

Within 5 working days from the day on which the session of Appraising council finishes, the standing appraisal agency shall send a written notification of the appraisal result to the project owner, whether or not the Appraising council approves the EIA report;

3. Process of the appraisal result of the project owner

When the notification of the appraisal result is received, the project owner shall complete the EIA report according to the provisions in Article 15 of the Circular No. 26/2011/TT-BTNMT and submit it to a standing appraisal agency;

b)The project owner shall consider and adopt as much as possible the recommendations about environment when drawing up the project.

Article 15. Entitlement to approval, certification and retention of the document of EIA report

1. Entitlement to the approval for EIA reports

a) The Ministry of Agriculture and Rural development is responsible for approving EIA reports appraised by the Department of Science, Technology, and Environment;

b) Any General Departments is responsible for approving EIA reports appraised by a General Department.

2. Appraisal and certification of EIA reports

a) If the modified EIA report is satisfactory, standing appraisal agency shall request the Ministry of Agriculture and Rural development to approve within 15 working days;

b) Head of the standing appraisal agency shall certify the confirmation on the back cover or the supplementary cover sheets of the approved report according to the form prescribed in Appendix 2.7 enclosed with the Circular No. 26/2011/TT-BTNMT.

c) The submission of certified EIA reports, the decision to approve EIA reports shall be in accordance with the provisions in clause 2 Article 21 of the Decree No. 29/2011/NĐ-CP and within 15 working days from the day on which the EIA report is approved.

3. The following documents shall be retained at the standing appraisal agency:

a) Applications for appraisal;

b) Documents relating to the Appraising council;

c) Decision about the approval for the report enclosed with the original of the approved report.

Article 16. Payment for the appraisal

1. Payment for the appraisal shall comply with the provisions in the Circular No. 218/2010/TT-BTC

2. Spending on the appraisal is taken from the collection of appraisal charge.

Article 17. The post-appraisal

1. The information about the project shall be publicized according to Article 22 of the Decree No. 29/2011/NĐ-CP.

2. The application of environmental protection works and measures shall be inspected before the project is put into official operation as prescribed in Chapter 5 of the Circular No. 26/2011/TT-BTNMT.

Section 2: COLLECTION OF OPINIONS ON EIA REPORT OUTSIDE THE COMPETENCE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Article 18. Application for opinions about EIA reports outside the entitlement to appraise and approve of the Ministry of Agriculture and Rural Development

1. The project owner shall submit a document of the EIA report to the Department of Science, Technology, and Environment to get opinions in writing before submitting it to an agency responsible for appraising specified in Clause Article 18 the Decree No. 29/2011/NĐ-CP.

2. The application shall include:

a) An Official Dispatch of request for opinions on the EIA report of the project owner;

b) 01 copy of EIA report of the project. The format of covers, supplemental cover sheets; structure and requirements of the content of EIA report shall be conformable to the provisions of Appendixes 2.4 and 2.5 enclosed with the Circular No. 26/2011/TT-BTNMT

c) 01 copy of investment project (feasibility study report).

d) Other documents specified in Clauses 4 and 5 Article 13 of the Circular No. 26/2011/TT-BTNMT (if any).

Article 19. Procedures, time limit for collecting written of the EIA report outside the competence of the Ministry of Agriculture and Rural Development

1. When the application for opinion on the EIA report of the project owner is received, Department of Science, Technology, and Environment shall carry out the examination of the application. If the application is insufficient or unconformable, within 5 working days from the day on which the application is received, Department of Science, Technology, and Environment shall send a written notification to project owners for competition.

2. If the application is conformable, within 7 working days from the day on which the application is received, the Department of Science, Technology, and Environment shall send the project owner a writing containing opinions about the EIA report. Writing about opinions on the EIA report shall be conformable to the form in Appendix III enclosed herewith.

3. On the basis of the opinions of the Department of Science, Technology, and Environment, the project owner shall complete the application before requesting the competent agency to appraise.

4. When the EIA report is approved, the project owner shall submit to the Department of Science, Technology, and Environment a copy of the Decision on approval enclosed with the certified EIA report for monitoring and examining.

Chapter 5.

IMPLEMENTATION

Article 20. Organization of implementation

1. The Department of Science, Technology, and Environment is in charge of providing guidance on the implementation of this Circular; collecting and drawing up the annual report on the implementation then request the Minister of Agriculture and Rural development to approve and submit it to the Ministry of Natural Resources and Environment.

2. General Departments are responsible for carrying out the appraisal and making reports on the appraisal result, the use of funding for appraisal and submit them to the Department of Science, Technology, and Environment before the December 25 of each year.

Article 21. The implementation

1. This Circular comes into effect from May 11, 2014

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural development (via the Department of Science, Technology, and Environment) for consideration and resolution./.