Thông tư 15/2011/TT-BTNMT

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT'S CIRCULAR NO. 12/2010/TT-BTNMT OF JULY 26, 2010, PROVIDING THE FORMULATION AND GRANT OF LETTER OF ENDORSEMENT AND LETTER OF APPROVAL FOR PROJECTS UNDER THE CLEAN DEVELOPMENT MECHANISM WITHIN THE FRAMEWORK OF THE KYOTO PROTOCOL

Pursuant to the Government 's Decree No. 25/ 2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government's Resolution No. 56/NQ-CP of December 15, 2010. on simplification of administrative procedures under the management of the Ministry of Natural Resources and Environment;

Pursuant to the Prime Minister's Decision No. 130/2007/QD-TTg of August 2, 2007, on a number of financial mechanisms and policies applicable to investment projects under the clean development mechanism;

At the proposal of the directors of the Department of Hydrometeorology and Climate Change and the Department of Legal Affairs,

STIPULATES:

Article 1. To amend and supplement a number of articles of the Minister of Natural Resources and Environment's Circular No. 12/ 2010/TT-BTNMT of July 26, 2010, providing the formulation and grant of letter of endorsement and letter of approval for projects under the clean development mechanism within the framework of the Kyoto Protocol (below referred to as Circular No. 12/2010/TT-BTNMT):

1. To amend and supplement Article 5 as follows:

"Article 5. Dossier of application for a PIN (project idea note) letter of endorsement One (1) Vietnamese PIN made according to the guidance provided in Appendix 1 to this Circular."

2. To amend and supplement Article 6 as follows:

"Article 6. Order, procedures, time limit for grant, and validity of PIN letter of endorsement

1. Applicants shall submit dossiers to the dossier receipt and result notification section of the Department of Hydrometeorology and Climate Change.

2. Within three (3) working days after receiving a dossier, the Department of Hydrometeorology and Climate Change shall check the completeness of the dossier. If the dossier is incomplete under regulations, the Department of Hydrometeorology and Climate Change shall make a written request for the applicant to supplement the dossier under regulations. The dossier may be supplemented only once.

3. Within eight (8) working days after receiving a dossier under regulations, the Department of Hydrometeorology and Climate Change shall assume the prime responsibility for, and coordinate with involved parties in, appraising the project dossier and propose the Ministry of Natural Resources and Environment to approve and grant a letter of endorsement:

When dossier supplementation and modification are required, the Department of Hydrometeorology and Climate Change shall send a written notice guiding the applicant to supplement and modify the dossier (the time for dossier supplementation and modification is not counted in the time limit for considering and granting the letter of endorsement).

4. Within two (2) working days, the Ministry of Natural Resources and Environment shall consider and grant a letter of endorsement. In case of refusal, it shall notify the reason in writing.

5. Within one (1) working day, the Department of Hydrometeorology and Climate Change shall notify the result to the applicant through its dossier receipt and result notification section.

6. The time limit for considering and granting a PIN letter of endorsement specified in this Article is fourteen (14) working days.

7. A PIN letter of endorsement is valid for 18 months from the date of its grant."

3. To amend and supplement Article 7 as follows:

"Article 7. Dossiers of application for a PDD (project design document) or PoA-DD (program of activities design document) letter of approval

1. The Vietnamese dossier, of which the number of sets depends on the number of Steering Board members to whom the dossier shall be sent for comment, including members from the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Science and Technology and ministries and ministerial-level agencies performing the state management of operations of the project.

The investor shall submit one (1) English dossier to the Department of Hydrometeorology and Climate Change concurrently when it submits such dossier to the CDM (clean development mechanism) Executive Board (EB).

2. Documents of CDM project developers submitted for consideration and grant of a PDD or PoA-DD letter of approval (made according to the form provided in Appendix 3b to this Circular).

3. Certified copies of written comments of stakeholders who arc directly affected by project activities (made according to the form provided in Appendix 5 to this Circular).

4. Certified copy or certification of an authority competent to approve the environmental impact assessment report or certification of the written environmental protection commitment, depending on the project size and type under current relevant regulations.

5. Certified copy or certification of a competent authority of the pie-feasibility study report, for large-sized projects.

6. Written on-principle consent of Electricity of Vietnam (EVN) on connection to the national power grid, for electricity generation projects hooked up to the national power grid.

7. Related licenses (if any) granted by competent state authorities for projects in specific fields under current regulations.

8. Technical report or PDD or PoA-DD appraisal report of a designated operational entity (DOE) accredited by the EB."

4. To amend and supplement Article 8 as follows:

"Article 8. Order, procedures and time limit for consideration and grant, and validity of a PDD or PoA-DD letter of approval

1, Applicants shall submit dossiers to the dossier receipt and result notification section of the Department of Hydrometeorology and Climate Change.

2. Within three (3) working days after receiving a dossier, the Department of Hydrometeorology and Climate Change shall check the completeness of the dossier.

If the dossier is incomplete under regulations, the Department of Hydrometeorology and Climate Change shall make a written request for the applicant to supplement the dossier under regulations. The dossier may be supplemented only once.

3. Within five (5) working days after receiving a dossier under regulations, the Department of Hydrometeorology and Climate Change shall send the dossier to Steering Board members for comment on specific fields.

4. Within fifteen (15) working days. Steering Board members shall send their written comments made according to the form provided in Appendix 6 to this Circular to the Department of Hydrometeorology and Climate Change. Past this time limit, if the Department of Hydrometeorology and Climate Change receives no comments. Steering Board members shall be regarded as agreeing with and passing the dossier.

5. Within three (3) working days after receiving comments of Steering Board members, the Department of Hydrometeorology and Climate Change shall summarize those comments and make a written request for the applicant to make explanations (if any) (the explanation time is not counted in the time limit for considering the letter of approval).

6. Within nine (9) working days after receiving comments of Steering Board members or explanations of the applicant, the Department of Hydrometeorology and Climate Change shall appraise the project dossier and submit it to the Ministry of Natural Resources and Environment for consideration and decision.

7. Within five (5) working days, the Ministry of Natural Resources and Environment shall consider and grant a letter of approval. In case of refusal, it shall notify the applicant of the reason in writing.

8. Within one (I) working day, the Department of Hydrometeorology and Climate Change shall notify the applicant of the result through its dossier receipt and result notification section.

9. The time limit for considering and granting a PDD or PoA-DD letter of approval specified in this Article is forty-one (41) working days.

10. The PDD or PoA-DD letter of approval shall be sent to CDM project developers and the DOE and notified to concerned Vietnamese agencies.

11. A PDD or PoA-DD letter of approval is valid for 24 months from the date of its grant."

5. To replace Appendix 1 to Circular No. 12/ 2010/TT-BTNMT with Appendix 1 to this Circular (not printed herein).

Article 2. Effect

1. This Circular takes effect on June 27, 2011.

2. Any problems arising in the course of implementation should be reported to the Ministry of Natural Resources and Environment for consideration and settlement.-