CIRCULAR

REGULATING DETAILED ENVIRONMENTAL PROTECTION PROJECT, SIMPLE ENVIRONMENTAL PROTECTION PROJECT

Pursuant to the Law on Environment protection dated June 23, 2014;

Pursuant to the Government’s Decree No. 18/2015 / ND-CP dated February 14, 2015 defining environmental protection planning, strategic environment assessment, environmental impact assessment and environmental protection plans;

Pursuant to the Government's Decree No. 21/2013 / ND-CP dated March 4, 2013 defining the functions, tasks, entitlements and organizational structure the Ministry of Natural Resources and Environment;

At the request of the Director of Vietnam Environment Administration, the Director of Legal Department;

The Minister of Natural Resources and Environment promulgates the Circular providing for detailed environmental protection project, simple environmental protection project,

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular details Paragraph 3 of Article 22 of the Government's Decree No. 18/2015 / ND-CP dated February 14, 2015 defining environmental protection planning, strategic environment assessment, environmental impact assessment and environmental protection plans (hereinafter referred to as Decree No. 18/2015/NĐ-CP).

Article 2. Regulated entities

This Circular applies to agencies, organizations, and individuals engaged in activities relating to setting-up, assessment, approval of detailed environmental protection project(hereinafter referred to as detailed project) and setting-up, registration of simple environmental protection project (hereinafter referred to as simple project)

Chapter II

SETTING-UP, ASSESSMENT, APPROVAL AND IMPLEMETATION OF DETAILED PROJECT

Article 3. Entities to set up detailed project

Establishments of manufacturing, trading and services (hereinafter referred to as establishment) that were put into operation prior to April 1, 2015 and of which scale and nature are similar to entities that are required to prepare reports on environmental impact assessment defined in Paragraph 1, Article 12 of Decree No. 18/2015 / ND-CP, but fail to gain the decision to approve such reports and that are detailed in Appendix 1a enclosed with this Circular.

Article 4. Application for assessment and approval of detailed projects

1. One (01) written request for assessment and approval of the detailed project under the form included in Appendix 2 enclosed with this Circular.

2. Seven (07) copies of the detailed project under the form included in Appendix 3 enclosed with this Circular.

3. One (01) CD recording contents of the detailed project.

Article 5. Consultation on detailed projects

1. During the setting-up of the detailed plan, the establishment’s owner (hereinafter referred to as the owner) shall submit a written request and a written summary of main contents of the detailed project under the form included in Appendix 5 enclosed with this Circular to People’s Committee of communes, wards and towns (hereinafter referred to as People’s Committee of communes) where his/ her establishment manufactures, conduct business and operate services for consultation.

2. Within fifteen (15) working days, from the date of receipt of the written request of the establishment’s owner, the People’s Committee of communes shall make a written reply under the form included in Appendix 6 enclosed with this Circular. If the People’s Committee of communes does not make a written reply, it shall be assumed that the People’s Committee of communes has agreed with the contents of the detailed project.

3. If necessary, the People’s Committee of communes shall request the owner to hold a meeting with the representatives of communities in administrative division about the content of the detailed project; the owner shall appoint competent representatives to participate in the meeting.

4. Cases that are not required the consultation include:

a) The establishment located in industrial zones, processing and exporting zones, hi-tech zones, industrial complexes, concentrated area of production, trading and services of which the report on environmental impact assessment or the detailed project is approved by competent agencies;

b) The establishment located territorial waters of which administrative management responsibility of the People’s Committees of communes has not been determined;

c) The establishment having security and national defense secret.

Article 6. Competence in assessment and approval of detailed projects

1. the Ministry of Natural Resources and Environment shall assess and approve the detailed project of the establishment of which scale and nature are similar to the entities that are required to make reports on environmental impact assessment prescribed in Appendix III enclosed herewith Decree No. 18/2015/NĐ-CP; except for establishments having the factors of security and national defense secret.

2. The Ministry of Public Security, the Ministry of National Defense shall assess the detailed project of other establishments having the factors of security and national defense secret and the establishment under their decision and approval powers; except for cases specified in Paragraph 1 of this Article.

3. Ministries, Ministerial-level agencies shall assess the detailed project of establishments under their decision and approval powers; except for cases specified in Paragraphs 1, 2, 4 of this Article.

4. People’s Committee of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) shall assess and approve the detailed projects of establishments in their administrative area; except for cases specified in Paragraphs 1, 2, 3 of this Article.

Article 7. Assessment, approval and time-limit for assessment and approval of detailed projects

1. Assessment and approval of the detailed projects shall be as follows:

a) Review and assess the validity and completeness of the application for assessment and approval of detailed projects. If the application is not satisfactory, within five (05) working days from the date of receipt of such application, agencies competent in assessment and approval shall send a written notification to establishment’s owner for amendment and supplementation;

b) Establish the Inspectorate to inspect physically the environment protection at the establishment. the inspection team’s members include: the head who is representative of agency assessing and approving the project, one (01) deputy head (if necessary); the representative of the Service of Natural Resources and Environment where the establishment manufactures, conducts business and operates its service (in case the detailed project is assessed and approved by Ministries, Ministerial-level agencies) and experts in environment and fields relating to operation of the establishment. Decision on foundation of the establishment shall be in the form prescribed in Appendix 6 enclosed with this Circular.

Inspection content: physical inspection of environmental protection at the establishment; measuring, sampling for analysis in order to verify data when necessary. The inspection is conducted when there are at least two thirds (2/3) of members of the Inspectorate, which must include the head and the deputy head (authorized by the head) and the competent representative of the establishment in such inspection. Members of the Inspectorate must have a written comment on the detailed project. Inspection results are written in inspection record. The written comment of members of the Inspectorate and the inspection record shall use the form prescribed in Appendices 7, 8 enclosed with this Circular;

c) Collect information relating to the establishment and the detailed project of such establishment; summarize process opinions of relevant agencies and experts (if any);

d) Notify in writing the establishment’s owner of the assessment results of the detailed project of one (01) in three (03) following cases: approving without any amendment, supplementation if all members of the Inspectorate have a written agreement; approving with amendment, supplementation together with specific requirements of the amendment and supplementation if at least two thirds (2/3) of the members of the Inspectorate have a written agreement to approval or approval with amendment, supplementation; not approving if more than one-third (1/3) of the members of the Inspectorate have written disagreement (specifying the reason).

dd) review the contents of the detailed project completed by the establishment’s owner;

g) Approve the detailed project and the form of approval decision included in Appendix 9 of this Circular.

2. After receiving the notification of assessment results specified in Point d, Clause 1 of this Article, the owner shall:

a) Submit three (03) copies of the detailed project as prescribed in Paragraph 2 of Article 4 of this Circular stamped on adjoining edges of pages to assessment and approval agencies if such detailed project is approved without any amendment or supplementation;

b) Amend, supplement the detailed project as required and submit three (03) copies of the project as prescribed in Clause 2, Article 4 of this Circular stamped on adjoining edges of pages and one (01) CD recording the amended project, a written explanation of the amendment and supplementation of the project to competent agencies for consideration and approval if the project is approved but required to amend, supplement. The time-limit for amendment, supplementation and resubmission to competent agencies is maximum thirty (30) working days from the date of the notification of the assessment and approval agency;

c)  Set up the detailed project again and submit to competent agencies for assessment and approval if it is not approved. The time-limit for reassessment of the detailed project shall comply with the provisions of Paragraph 3 of this Article.

3. Time-limit for assessment and approval of detailed projects shall be defined as follows:

a) A maximum of forty (40) working days from the date of receipt of a satisfactory application for projects under the competence in assessment and approval of the agencies defined in Paragraphs 1, 2 and 3 of Article 6 This Circular;

b) A maximum of twenty-five (25) working days from the date of receipt of a satisfactory application for projects under the competence in assessment and approval of the agencies defined in Paragraph 4 of Article 6 This Circular;

c) The time-limit specified in points a and b of this Clause does not include the time in which the owners complete their application as prescribed in Point b, Clause 2 of this Article.

Article 8. Signing, stamping and sending detailed projects

1. After having the decision to approve the detailed project, agencies competent in assessment and approval shall sign, stamp for accreditation in the back of the endpaper of the project using the form prescribed in Appendix 10a enclosed with this Circular.

2. Responsibility of assessment and approval agencies:

the Ministry of Natural Resources and Environment shall send one (01) written decision on approval and the approved detailed project to the owner; send one (01) written decision on approval of the detailed project to the Service of Natural Resources and Environment where the establishment manufactures, conducts business, and operates service;

b) The Ministry of National Defense, the Ministry of Public Security shall send the decision on approval and the approved detailed project under separate provisions of security and national defense;

c) Ministries, Ministerial-level agencies shall send one (01) written decision on approval and the approved detailed project to the owner; send the written decision on approval of the detailed project to the Ministry of Natural Resources and Environment where the establishment manufactures, conducts business, and operates service;

d) provincial People’s Committees shall send one (01) written decision on approval and the approved detailed project to the owner; send the written decision on approval of the detailed project to the Ministry of Natural Resources and Environment, the Service of Natural Resources and Environment, People’s Committee of districts, towns (hereinafter referred to as district-level People’s Committee) and People’s Committees of communes where the establishment manufactures, conducts business, and operates service;

3. the Service of Natural Resources and Environment shall copy from the original of the written decision on approval of the detailed project approved by Ministries, Ministerial-level agencies and send it to district-level People’s Committee, People’s Committees of communes where the establishment manufactures, conducts business, and operates service;

Article 9. Implementation of detailed projects after approval for establishments of which environmental protection works have not completed.

1. Responsibilities of owners:

a) Invest, construct and renovate works of environmental protection to ensure that waste treatment meet National technical regulation on environment within the time-limit defined in the decision on approval of the detailed project;

b) Send a written report on the progress of the detailed project within the time-limit specified in the decision on approval to assessment and approval agencies using the form included in Appendix 11 enclosed with this Circular for monitoring and inspection;

c) Send a written report on the completed work to assessment and approval agencies for inspection Investigation using the form prescribed in Appendix 12 of this Circular after completing the entire work of environmental protection as required in the decision on approval of the detailed project;

d) Send a written report to assessment and approval agency for consideration and consent if the establishment has any change in the content of the approved project which does not require to make the report on environmental impact assessment or the detailed project again according to current regulations.

2. Responsibility of assessment and approval agencies:

a) Monitor and inspect the implementation of detailed project approved by them according to the contents and schedule specified in the decision on approving the detailed project;

b) Conduct inspection of the implementation of the detailed projects under their competence in assessment, approval based on the report on the completion of the environmental protection work of the owner or at the deadline for completion of the environmental protection work as required in the decision on approving the detailed project.

c) Inspection contents include: the construction, renovation, operation, handling efficiency of the environmental protection works and measures for environmental protection; implementation schedule as prescribed in the decision on approving the project.

Chapter III

SETTING-UP AND REGISTRATION OF SIMPLE PROJECTS

Article 10. Entities to set up simple projects

Establishments that were put into operation prior to April 1, 2015 and of which scale and nature are similar to entities defined in Paragraph 1, Article 18 of Decree No. 18/2015 / ND-CP, but do not have the written commitment to environment protection and are detailed in Appendix 1a enclosed with this Circular.

Article 11. Application for registration of simple projects

1. One (01) written request for registration of the simple project of the establishment’s owner under the form included in Appendix 13 enclosed with this Circular.

2. Three (03) copies of the simple project; where necessary at the request of competent agencies, the owner shall send the additional copies of the simple project as required. Cover, endpaper, contents and structure of the simple project are defined as follows:

a) The establishment registering at the Service of Natural Resources and Environment or district-level People’s Committee shall comply with the provisions in Appendix 14a enclosed with this Circular;

b) The establishment registering at People’s Committees of communes shall comply with the provisions in Appendix 14b enclosed with this Circular.

Article 12. Competence and time-limit for registration of simple projects

1. The Service of Natural Resources and Environment shall certify the simple project in the following cases:

a) The establishment is located in 02 or more districts;

b) The establishment is located in territorial waters of which waste is brought into the administrative division for treatment;

c) The establishment of which scale and nature are similar to entities under the competence in certification of registration of environmental protection plans under the provisions of the law on strategic environment assessment, environmental impact assessment and environmental protection plan.

2. district-level People’s Committee shall certify the registration of the simple project, except for cases specified in Clause 1 of this Article.

3. People’s Committees of communes shall certify the registration of the simple project when being authorized in writing by People’s Committee at district-level.

4. Within ten (10) working days from the date of receipt of a satisfactory application for certification registration of the simple project, competent agencies shall certify in writing using the form prescribed in Appendix 15 enclosed with this Circular. If competent agencies do not certify, they shall send a written notification to the establishment and provide explanation.

Article 13. Signing, stamping and sending simple projects

1. After the simple project is certified, certifying bodies shall sign and stamp for certification in the back of the endpaper of the simple project using the form prescribed in Appendix 10b enclosed with this Circular.

2. Responsibility of certifying bodies:

the Service of Natural Resources and Environment shall submit one (01) copy of the certificate and the certified simple project to the owner; submit one (01) copy of the certificate to the district-level People’s Committee where the establishment performs its operation;

b) The district-level People’s Committee shall submit one (01) copy of the certificate and the certified simple project to the owner; submit one (01) copy of the certificate to the Service of Natural Resources and Environment, People’s Committees of communes the district where the establishment perform its operation;

c) The People’s Committees of communes shall submit one (01) copy of the certificate and the certified simple project to the owner; submit one (01) copy of the certificate to the district-level People’s Committee.

Article 14. Implementation of simple projects

1. Responsibilities of owners:

a) Fulfill the requirements for environmental protection according to the contents of the certified simple project;

b) Stop their operations, implement remedial measures and immediately notify the People’s Committees of communes, district-level People’s Committee where the establishments perform their operations and relevant agencies in case of environmental emergencies.

2. Responsibility of certifying bodies:

a) Inspect the fulfillment of the requirements for environmental protection according to the contents of the certified simple project;

b) Receive and handle petitions on environmental protection of agencies, organizations and individuals related to the environment in the process of production and business of the establishment owner.

Chapter IV

IMPLEMENTATION AND IMPLEMENTARY PROVISIONS

Article 15. Financial regulations for setting-up, assessment and approval of environmental protection projects

Financial regulations for setting-up, assessment, approval, inspection of the implementation of the detailed projects and setting-up, registration of the simple project shall comply with the law.

Article 16. Transitional provisions

1. The establishments of which detailed projects have been approved and of which environmental protective works and measures have been certified as completion; the establishments of which simple projects have been certified before this Circular takes effect shall continue to comply with the approved, certified contents and requirements.

2. The establishments of which detailed projects have been approved and of which environmental protective works and measures have been certified as completion by competent agencies before this Circular takes effect shall comply with provisions in Article 9 of this Circular and are not required to submit application for certification of the completion of environmental protection works, measures.

3. The application for assessment and approval of detailed projects, the application for registration of confirmation of simple projects that have been received by competent agencies before December 31, 2014 but have not been approved and certified before this Circular takes effect shall continue to comply with the law at the time of receipt. In such case, the establishment is not required to submit the application for certification of the completion of environmental protection works, measures for the detailed project but is required to comply with the provisions of Article 9 of this Circular; for those registering the simple project after being certified, in addition to the implementation of the requirements and contents of environmental protection, they must comply with the provisions of Article 14 of this Circular.

Article 17. Implementation

1. The Ministry of Natural Resources and Environment shall assign Vietnam Environment Administration to be the assessment agencies and request the Ministry of Natural Resources and Environment for approval of the detailed project under their competence.

2. Ministries, ministerial-level agencies, provincial People’s Committees shall assign specialized bodies to assess and request Ministries, ministerial-level agencies, provincial People’s Committees for approval of the detailed project under their competence.

3. The Service of Natural Resources and Environment, the district-level People’s Committee, the People’s Committees of communes shall permit the registration of the simple project under their competence.

Article 18. Effect and implementing responsibilities

1. This Circular takes effect from July 15, 2015 and replaces the Minister of Natural Resources and Environment’s Circular No. 01/2012 / TT-BTNMT dated March 16, 2012 defining setting-up, assessment, approval and inspection and certification of the implementation of detailed environmental protection projects; setting-up and registration of simple environmental protection projects and the Minister of Natural Resources and Environment’s Circular No. 22/2014 / TT-BTNMT dated May 5, 2014 defining and providing guidance on the implementation of the Government’s Decree No. 35 / 2014 / ND-CP dated April 29, 2014 amending and supplementing a number of articles of the Government’s Decree No. 29/2011 / ND-CP dated April 18, 2011 defining strategic environment assessment, environmental impact assessment, commitment to environment protection.

2. Ministers, Heads of ministerial-level agencies, the President of the People’s Committee at all levels shall implement this Circular.

3. Any problems arising in the course of implement should be reported to the Ministry of Natural Resources and Environment for study, amendment and supplementation./.

APPENDIX 1A.

ENTITIES TO SET UP DETAILED ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

1. Establishments that have been put into operation of which scale and nature are similar to entities that are required to prepare the report on environmental impact assessment defined in Paragraph 1, Article 12 of Decree No. 18/2015 / ND-CP and do not have one of the following documents: Decision on approval of report on environmental impact assessment, decision on approval of report on additional environmental impact assessment, decision on approval of environmental protection project.

2. Establishments that have been renovated and expanded, increased the capacity subject to preparing the report on additional environmental impact assessment (as defined previously) or subject to preparing the report on environmental impact assessment again (under previous regulations and provisions in Decree No. 18/2015 / ND-CP), but do not have one of the following documents:

Decision on approval of the report on environmental impact assessment;

b) Decision on approval of the report on additional environmental impact assessment;

c) Decision on approval of environmental protection project

APPENDIX 1B.

ENTITIES TO SET UP SIMPLE ENVIRONMENTAL PROTECTION PROJECTS

(Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

1. Establishments that have been put into operation and have scale and nature similar to entities defined in Paragraph 1, Article 18 of Decree No. 18/2015 / ND-CP and do not have one of the following documents: Certificate of registration of environmental standards, certification of registration of written commitment to environmental protection, written notification of the receipt of written environmental protection commitment, certificate of registration of environmental protection project.

2. Establishments that have been renovated and expanded, increased the capacity subject to submitting the written registration of environmental standards, the additional written commitment to environment protection (before Decree No. 18/2015 / ND-CP takes effect) or subject to preparing the plan for environmental protection (as defined in Decree No. 18/2015 / ND-CP) but do not have one of the following documents:

a) Certificate of written commitment to environment protection;

b) Certificate of additional written commitment to environment protection;

c) Certificate of registration of environmental standards;

d) Certificate of registration of written commitment to environment protection;

dd) Certificate of registration of environmental protection projects;

e) Written notification of receipt of registration of written commitment to environment protection.

APPENDIX 2.

FORM OF REQUEST FOR ASSESSMENT AND APPROVAL OF DETAILED ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

To: …(3)…

…..(1)…. . located at ... (4) ... telephone number .... fax ….., email ….

send to ... (3) ... seven (07) copies of the detailed environmental protection project of... (2) ...

We pledge that all information and data given in the above project is completely truthful and we bear full responsibility before the law if there is anything wrong.

Respectfully request ... (3) ... for early consideration, assessment and approval of this detailed environmental protection project.

Respectfully thanks. /.

Notes:

(1) Name of the agency / enterprise owning the establishment

(2) Full name of the establishment

(3) Name of the assessment competent agency

(4) Contact address by post

(5) Competent representative of agency/ enterprise owning the establishment

(6) Other recipient (if any)

APPENDIX 3.

COVER, EXTRA COVER, CONTENT AND STRUCTURE OF DETAILED ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

Notes:

(1) Full name of the establishment (as written in the investment document of the establishment).

(2) Only show in the endpaper.

TABLE OF CONTENTS OF LIST OF ABBREVIATION    IN THE LIST OF TABLES AND PICTURES

OPENING

1.  Establishment’s foundation

- Summary of the foundation process of the establishment: the name of the investment company that founded the establishment, the name of the person/agency that founded the establishment, the number and date of the document or decision; the establishment register or does not register for investment, if it has registered, the number and date of such written registration must be specified; the establishment is or isn’t granted the Investment certificate, if it is granted, the number and date of the Investment certificate must be specified and other relevant information (copied and enclosed with the appendix of the project).

- The establishment is founded in accordance with or not in accordance with the approved relevant master plan (master plan of land use, master plan of socio-economic development, master plan of sector development and other relevant master plan); it is or is not consistent with the policy of socio-economic development in the area.

- If the establishment is located in the concentrated ​​production, business and service zones (economic zones, industrial zones/ concentrations, processing and exporting zones, hi-tech zones, other production / business / service zones/concentrations), the name of the zone / concentration, number and date of the written approval of the management board of such zone/ concentration must be specified (copied and enclosed with the appendix of the project).

2. Basis of setting up detailed environmental protection projects

Legal basis

The following documents (number, date of issuance, issuing agencies, subject content of documents) shall be fully listed:

- Document which is the basis for setting up the detailed environmental protection project, including the relevant technical regulations on environment

- Document of the management board of the concentrated production, business, services zone that approves the establishment to invest in this zone (in case the establishment is located in the concentrated production, business, and service zone).

Relevant information and documents

The documents (name, author, time, publication or retention place) with information and data used for the setting-up of the detailed environmental protection project should be listed.

3. Setting up detailed environmental protection projects

- Summary of the setting-up of the detailed environmental protection project of the owner; if the establishment hires a consultancy unit, the name of the consultancy unit along with its contact address, the name of its head, means of communication (telephone, fax, e-mail) should be specified.

- List of persons directly involved in the setting-up of detailed environmental protection project, including the persons of the establishment and of the consultancy unit along with directions on academic titles and diploma, specialized training of each person.

CHAPTER 1. BRIEF DESCRIPTION OF ESTABLISHMENTS

 Establishment’s name  

The current name of the establishment (in consistence with the name stated in the cover and endpaper of the detailed environmental protection project) should be specified fully and accurately.

Establishment’s owner

The full names and titles of the owner along with instructions on his contact address, means of communication (telephone, fax, e-mail) should be specified fully.

Establishment’s geographical location

- Description of the establishment’s geographical location: the location of the area of ​​the administrative unit from commune level upwards should be specified; If the establishment is located in the concentrated production, business and service zones, the name of such zone must be specified before the administrative place-name; coordinates the control points of the location of the establishment together with a diagram showing the position of such control points should be specified.

- The surrounding natural or socio-economic objects that are potentially affected by the establishment (rivers, streams, lakes and other water areas, national parks, nature reserves, biosphere reserves and other natural sanctuaries, transport system both on land and in water used to go to the establishment,  establishments of production, business and service; residential areas, hospitals, schools, churches , temples, pagodas; resorts, amusement parks, entertainment parks; ranked historical remain or cultural heritage zones and other socio-economic objects) should be described.

- The discharge position of wastewater of the establishment and the purpose of water use of receiving waters according to current regulations (in case of wastewater) should be described.

- The map or diagram should be enclosed to illustrate the geographic location of the establishment and surrounding objects as described.

Establishment’s investment capital

- Total investment capital of the establishment;

- Investment capital of the establishment through the stage;

- Capital investment for environmental protection of the establishment.

Construction items of the establishment

Infrastructure item group includes: roads, ports, communications, electricity supply, water supply, wastewater drainage, rain water drainage and other infrastructure (if any);

Production, business and service item group includes: working office, housing, factories, warehouses, collection stations of raw materials and other relevant items;

environmental protection item group includes common solid waste and hazardous waste management (storage place, transfer station, treatment place and burial places); wastewater treatment; exhaust treatment; noise, vibration prevention; preventing erosion, subsidence, sliding, landslides; preventing flooding and other environmental protection items.

all construction items should be listed enclosed with master plan diagram giving clear instruction of each item which lists items that have been constructed, items that are being constructed and items that will be constructed together with the description of method / construction technology, investment expense, volume, construction schedule for each item.

Size / capacity, operation time of establishment

- Size / capacity that is designed generally and designed for each stage (if any) of the establishment.

- The time in which the establishment is put into operation; the time in which the establishment is expected to terminate its operation (if any).

Production / operation technology of establishment

production/ operation technology of the establishment should be briefly described enclosed with block diagram in order to illustrate which gives specific directions on waste streams and / or the position that can cause environmental problems which are not caused by waste (if any).

Machinery, equipment, raw materials, fuel, materials used for production / business / service of establishments

Machinery, equipment

Types of machinery and equipment that have been installed and are being used should be fully listed enclosed with the specific instructions on name, manufacture place, manufacture year, condition when they are put into use (new or old, if they are old, the remaining quality percentage must be specified).

Raw materials, fuel

type of raw material, fuel, chemicals that the establishment needs to use should be listed enclosed with specific instruction on trade name, chemical formula (if any), volume used per unit of time (day, month, quarter, year).

Demand for electricity, water and other materials

The volume of water, electricity and other materials that the establishment needs to use calculated based on the unit of time (day, month, quarter, year) should be specified.

Compliance with the legislation on environmental protection of establishments in past time

- The implementation of environmental protection of the establishment up to the time in which the detailed environmental protection project is set up should be summarized

- Reasons for failure to comply with the environmental procedures and reasons for setting-up the detailed environmental protection project should be specified;

- Level of penalties for administrative violations of environment (if any) that the establishment has suffered should be specified. In case of being penalized, the establishment must make copy and enclose the documents of penalty with the appendix of the project.

- Problems and difficulties (if any) should be specified.

CHAPTER 2. DESCRIPTION OF WASTE SOURCES, ENVIRONMENTAL IMPACT OF ESTABLISHMENTS AND CURRENT CONDITIONS OF WORKS, ENVIRONMENTAL PROTECTION MEASURES  

Waste sources

Wastewater

Conventional solid wastes

Hazardous wastes

Exhaust

Requirements for the contents from Section 2.1.1 to Section 2.1.4:

each generation source of waste should be clearly described enclosed with the specific calculation on discharge content (concentration) of each typical parameter of the establishment according to technical regulations on environment respectively; total volume / flow of discharge (kilograms, tons, m3) of each typical parameter and the entire source in one day (24 hours), one month, one quarter and one year. If the establishment has 02 or more different waste discharge points, the total volume / flow of discharge for each point must be calculated.

Sources of noise and vibration

Each source of noise and vibration should be described clearly and assessed

Impacts on environment and socio-economy  

- The environmental problems caused by the establishment (if any) such as: erosion, slide, landslide, subsidence; erosion of river, stream, lake, coast; change of surface water and groundwater level; salinization; alum intrusion; degradation of the physical and biological environment components; biodiversity change and other environmental problems should be described.

- The risk of environmental emergencies should be described and assessed;

- Socio-economic problems caused by the establishment (if any) relating to the premises clearance (compensation for relocation and other activities relating to the premises clearance) should be described;

The contents in Section 2.1 and 2.2. must be stated clearly in each stage, as follows:

- Current operation stage.

- Future operation stage under the plan made (if any).

- Stage of termination of operation (if any)

Current conditions of environmental protection works, measures of establishment

Collection and treatment systems of wastewater and rainwater

Means and equipment for collection, storage and treatment of conventional solid wastes and hazardous wastes

Works and equipment of exhaust treatment

Measures for noise, vibration prevention

Works, measures to prevent and response to environmental emergencies

Other works, environmental protection measures

In the contents in sections from 2.3.1. to 2.3.6, the establishment should state:

- Raw materials, fuel, materials including chemicals (if any) that have been used, are being used and will be used for the operation of the works, environmental protection measures along with the specific instructions about: trademark, chemical formula (if any), volume used per unit of time (day, month, quarter, year).

- Technology process, management and operation process of waste treatment works, treatment effectiveness and comparison of the results with the current technical regulations of the environment

- If the establishment hires another unit to treat the waste, it must state the name and address of such hired unit, enclosed with a contract on the hire of treatment (copied and attached in the appendix of the project).

- The effectiveness of other measures of prevention, minimizing the impact on the environment and socio-economic should be assessed and compared with the current regulations.

CHAPTER 3. PLAN FOR CONSTRUCTION, RENOVATION AND OPERATION OF WASTE TREATMENT WORKS AND IMPLEMENTATION OF ENVIRONMENTAL PROTECTION MEASURES

(Only applies to establishments of which works, waste treatment measures that meet technical regulations on environment have not been completed)

Collection and treatment systems of wastewater and rainwater

Means and equipment for collection, storage and treatment of conventional solid wastes and hazardous wastes

Works and equipment of exhaust treatment

Measures for noise, vibration prevention

Works, measures and plans for prevention and response to environmental emergencies

Other environmental protection works and measures

For each work, the establishment should describe:

- Progress (specify the progress of each item at the start, finish).

- Estimated cost

- Responsibility for carrying out the work.

- Parameter of measurement, analysis when operating the work (ensure all the typical parameters for waste of the establishment which have been defined in technical regulations and standards on environment respectively).

- Environmental monitoring equipment for each waster source (if any).

CHAPTER 4. ENVIRONMENTAL MONITORING AND MANAGEMENT PROGRAM

Environmental management program

Environmental management program is developed on the basis of the overall results of Chapter 1, 2 and 3, as the following table:

 Environmental monitoring program

Environmental monitoring program includes monitoring of waste and monitoring other environmental issues, specifically as follows:

- Monitoring of wastewater and exhaust: discharge flow and the typical parameters of the wastewater, exhaust sources with prescribed frequency should be monitored; location of monitoring points should be clearly described and shown in the diagram with clear notes.

- Monitoring of solid waste: volume and types of solid waste generated should be monitored.

- Monitoring the environmental problems (if any): biodiversity, sliding, landside, subsidence, erosion, sedimentation; changes of surface water and groundwater level, salinization, alum intrusion should be monitored in order to keep track of space and time change of such problems.

Requirements:

- For monitoring of waste: Only types of waste or parameters in waste that the establishment discharges into the environment should be monitored;

- Sampling, measurement and analysis of environmental parameters should be carried out by the units recognized to be eligible by competent authorities;

- Waste monitoring results must be compared with the current standards and regulations;

- Continuous and automatic monitoring of wastewater and exhaust of the establishment shall comply with current legislation.

Chapter 5. CONSULTATION ON DETAILED ENVIRONMENTAL PROTECTION PROJECTS

Documents of establishment’s owners submitted to the communal People's Committee

The number and date of the owner’s document submitted to the communal People's Committee where the establishment performs its operation for consultation should be specified.

Opinions of the communal People's Committees

- The number and the date of the written reply of each communal People's Committee should be specified.

- The main opinions of the People's Committee at commune should be summarized, focusing on disapproval, recommendations and petitions of the communal People's Committee.

- If the communal People's Committee has no written reply, the establishment must indicate the proof of submission of document to the communal People's Committee (direct receipt of the communal People's Committee or receipt of postage or other proof).

- If a meeting with representatives of communities in the commune is held to present and talk about the content of the detailed environmental protection project, the opinions and petitions of the communities should be stated.

Response of establishment’s owners

- Assessment of reality, objectivity of the opinions of the communal People's Committee for the establishment.

- Receipt and explanations of the owner for disapproval, recommendations, petitions of the communal People's Committee; if the establishment’s owner does not receive such disapproval, recommendations, petitions, he must provides clear reasons and propose further handling measures.

The consultation documents and papers are proof of the owner; written replies of the communal People's Committee and other relevant documents (if any) must be copied and enclosed in the appendix of the project, the appendix where the copy has been attached should be specified…

CONCLUSIONS, PETITIONS AND COMMITMENTS

1. Conclusions

The establishment should clearly conclude:

- It can identify, describe the waste sources and calculate types of wastes identify and describe the environmental and socio-economic problems;

- The effectiveness and feasibility of environmental protection works and measures; it can solve environmental and socio-economic problems arising from its operation.

2. Petition

Petitions should be sent to relevant agencies central and local levels for solving the problems that are beyond the solving ability of the owner.

3. Commitment

- Commitment to comply with the contents and schedule of construction, renovation and operation of environmental protection works and measures;

- Commitment to comply with the reporting regulation in the decision on approving the project;

- Commitment to comply with the provisions of legislation on environmental protection relating to the establishment, including technical regulations and standards on environment.

- Commitment to compensate and remedy environmental pollution in the event of the occurrence of problems in the process of construction and operation of the establishment.

APPENDIX

Appendix 1: Relevant documents

Appendix 1.1. Copies of the legal documents relating to the foundation of the establishment

Appendix 1.2. Copies of documents on handling environmental violations (if any)

Appendix 1.3. Copies of documents on consultation

Appendix 1.4. Copies of analysis result paper of environment, contract for environmental treatment (if any)

Appendix 1.5. Copies of relevant documents (if any)

Appendix 2: illustrating pictures (other than pictures shown in the project)

Each document, picture in the appendix must be arranged in a clear order with specific codes and must be referred to in the corresponding contents of the project.

APPENDIX 4.

 FORM OF CONSULTATION ON DETAILED ENVIRONMENTAL PROTECTION PROJECTS SUBMITTED TO THE COMMUNUAL PEOPLE’S COMMITTEES BY ESTABLISHMENT’S OWNER (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

To: The People’s Committee of …….commune (3)

Implementing provisions of current legislation, ... (1) ... sends a summary of detailed environmental protection project of ... (2) ...to you for study and opinion.

We sincerely hope you to soon have a written reply which is sent to ... (1) ... in the following address:

 ... (Address by post) ...

Our other contact information:

-  Telephone number: ......... ………

-  E-mail: ...... .. ……..

Fax number (if any): ....... …….

Respectfully thanks ./.

Notes:

(1) Name of the agency / enterprise owning the establishment

(2) Full name of the establishment

(3) Name of the commune or equivalent administrative unit

(4) Competent representative of agency/ enterprise

(5) Other recipients (if any)

SUMMARY OF CONTENT OF THE DETAILED ENVIRONMENTAL PROTECTION PROJECT

(Enclosed with Official Dispatch No. ........ / ...... ...... date…..of (1))

1. GENERAL DESCRIPTION OF ESTABLISHMENT’S OPERATIONS

Name of establishment, owner, and investment capital source.

Location in the village, commune, district and central-affiliated province / city.

Type of production; type of technology of the establishment.

Construction items of the establishment

The size and capacity of the overall design, the design capacity for each stage (if any) of the establishment; time in which the establishment was put into operation.

Machinery, equipment, raw materials, fuel, materials used for production / business / service of the establishment

Compliance with the legislation on environmental protection of the establishment

2. SUMMARY OF ENVIRONMENTAL PROTECTION OF THE ESTABLISHMENT.

A summary of the type of waste generated and environmental protection works and measures of the establishment.

Wastewater and rainwater

Conventional solid wastes

Hazardous wastes

Exhaust

Sources of noise and vibration

Impacts on environment and socio-economy  

Plan for construction, renovation and operation of works and implementation of environmental protection measures

An overview of environmental monitoring and management program of the establishment

3. PETITIONS AND COMMITMENTS

Petitions

Petitions should be sent to relevant agencies central and local levels for solving the problems that are beyond the solving ability of the owner.

Commitments

- Commitment to comply with the contents and schedule of construction, renovation and operation of environmental protection works and measures;

- Commitment to comply with the reporting regulation in the decision on approving the project;

- Commitment to comply with the provisions of legislation on environmental protection relating to the establishment, including technical regulations and standards on environment.

- Commitment to compensate and remedy environmental pollution in the event of the occurrence of problems in the process of construction and operation of the establishment.

APPENDIX 5.

 FORM OF REPLY TO ESTABLISHMENT’S OWNER MADE BY THE COMMUNAL PEOPLE’S COMMITTEES

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

To: …(3) ……………..…

In response to Document No. ............. date ...... of ... (3) ..., the People's Committee ... (1) ... shall have the following opinions:

1. On the implementation of environmental protection of ... (3) ...

- Clearly state the agreement or disagreement with the corresponding contents which are presented in the attached document; in case of disagreement, specify the content, the specific issue with which the People’s Committee does not agree.

- Specify the requirements and petitions of the community for the establishment’s owner relating to the commitment to implement measures, solutions to minimize the negative impact of the establishment to the natural environment, socio-economic, public health and other petitions relating to the establishment(if any).

2. Petitions for owners

The local petitions relating to environmental protection activities of the establishment..

Notes:

(1) Name of the commune or equivalent administrative unit

(2) Full name of the establishment

(3) Name of the agency / enterprise owning the establishment

(4) President or Vice President of People’s Committees of communes

(5) Other recipients (if any)

APPENDIX 6.

FORM OF ESTABLISHMENT DECISION OF INSPECTORATE FOR ASSESSMENT OF DETAILED ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

DECISION

Regarding establishment of inspectorate for assessment of the detailed environmental protection project of “…. (2)…”

… (3) …

Pursuant to the Law on Environment protection dated June 23, 2014;

Pursuant to the Government’s Decree No. 18/2015 / ND-CP dated February 14, 2015 defining environmental protection planning, strategic environment assessment, environmental impact assessment and environmental protection plans;

Pursuant to Decision No ... / QD ... date ... of .......... defining the functions, tasks, entitlements and organizational structure of ... (1) ...;

Pursuant to the Minister of Natural Resources and Environment’s Circular No…/2015/TT-BTNMT dated….2015 stipulating detailed environmental protection projects, simple environmental protection project,

At the request of ... (4) ... in Document No. ... date….on the request for approval of the detailed environmental protection project of "... (2) ...";

At the request of ... (5) ...,

HEREBY DECIDES:

Article 1. To establish the Inspectorate for assessment of the detailed environmental protection project for "... (2) ..." including following persons:

1. Mr. / Ms ..., Head of the Inspectorate;

2. Mr./ Ms ..., Deputy Head of the Inspectorate (if any);

3. Mr./ Ms ..., member;

.....

Mr. / Ms ..., member, secretary;

Article 2. The Inspectorate shall be responsible for physical inspection of environmental protection of "... (2) ..." as a basis for assessment and approval of the detailed environmental protection project as prescribed in clause 2 Article 22 of Decree No. 18/2015 / ND-CP.

Article 3. The inspection must be completed before the date...

Article 4. The cost of the Inspectorate’s operations shall comply with provisions of current legislation.

Article 5. This Decision takes effect from the date of its signing.

The heads of the subordinate unit"... (1) ...", persons named in Article 1, the owner of establishment/ production, business and service zones of "... (2) ..." shall be responsible for the implementation of this Decision. /.

Recipients:

- … (6)…
- As stated in Article 5; - ... (6)...

Notes:

(1) Agencies competent in Establishment Decision of Inspectorate

(2) Name of establishment/ production, business and service zone

(3) Head of the agency making the decision

(4) Name of agency being the owner of the establishment/ production, business and service zone

(5) Heads of agency assigned the inspection

(6) Other recipients (if any)

APPENDIX 7.

FORM OF COMMENT ON DETAILED ENVIRONMENTAL PROTECTION PROJECTS

(Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

SOCIALIST REPUBLIC OF VIETNAM 
Independence - Freedom – Happiness
--------------- 

COMMENT

DETAILED ENVIRONMENTAL PROTECTION PROJECT

OF……

I. Person making comment

1. Full name: …

2. Academic title, degree, job title: ... …

3. Place of work: (name of agency, address, telephone number, fax, e-mail)

4. Title in the Inspectorate: ... .. …..

II. Comments on content of detailed environmental protection project

1. The satisfactory content: (general comments about the strength and positive aspects of content of the detailed environmental protection project)

2. The unsatisfactory content that should be amended and supplemented: ( detailed comments in the order of chapters and sections of the project)

3. Other comments:

III. Physical inspection results

1. Collection and treatment systems of wastewater and rainwater

2. Means and equipment for collection, storage and treatment of conventional solid wastes and hazardous wastes

3. Works and equipment of exhaust treatment

4. Measures for noise, vibration prevention

5. Works, measures for prevention and response to environmental emergencies  

6. Other environmental protection works, measures

IV. Conclusions and suggestions:

(Indicate 01 in 03 levels: approving without any amendment or supplementation; approving with amendment, supplementation; not approving)

APPENDIX 8.

FORM OF INSPECTION RECORD USED FOR ASSESSMENT OF DETAILED ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

SOCIALIST REPUBLIC OF VIETNAM 
Independence - Freedom – Happiness
--------------- 

INSPECTION RECORD USED FOR ASSESSMENT OF DETAILED ENVIRONMENTAL PROTECTION PROJECT

Pursuant to the Law on Environment protection dated June 23, 2014;

- Inspectorate conduct inspection under the Decision No ... / QD ... dated..... ...  of (1) on the inspection for the assessment of the detailed environmental protection project for (2),

- Inspection time: from ... time... date ...... to ...time... date…

Name of the establishment:

Address:

Phone:              Fax:

I. Members of the Inspectorate: (full name of all the present members)

II. Representatives of the establishment ... (2) ...: (full names, positions of present persons)

III. Inspection content

- Inspecting physically the environmental protection of (2) in accordance with the law, as a basis for assessment and approval of the detailed environmental protection project as prescribed in clause 2 of Article 22 of the Government’s Decree No. 18/2015 / ND-CP dated February 14, 2015 defining on environmental protection planning, strategic environment assessment, environmental impact assessment and environmental protection plan.

- Sampling to verify the data on the waste sources of the establishment (if any).

IV. Comment: detailed comment on the operation and environmental protection of the establishment, in particular:

1. current conditions of environmental protection works, measures of the establishment

Collection and treatment systems of wastewater and rainwater

Means and equipment for collection, storage and treatment of conventional solid wastes and hazardous wastes

Works, equipment for exhaust treatment

Measures for noise, vibration prevention

Works, measures for prevention and response to environmental emergencies

Other environmental protection works, measures

2. The collection and analysis of waste samples (if any)

V. Opinions of members of Inspectorate

VI. Conclusions

1. The results obtained

The shortcomings of record of the detailed environmental protection projects

3. The shortcomings of environmental protection works and measures

4. The requirements that must be fulfilled

VII. Opinions of establishment’s owner

Record is made at time... date ... in ... and is read carefully to those who have attended the inspection

Notes:

(1) Agencies competent in decision on establishment of Inspectorate

(2) Name of the establishment

(*) chief inspector and establishment’s owner sign in the lower left corner of each page of the record (except the last page).

APPENDIX 9.

FORM OF APPROVAL DECISION OF DETAILED ENVIRONMENTAL PROTECTION PROJECTS (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

DECISION

On approval of detailed environmental protection project of ….(2)….

…(3)…

Pursuant to the Law on Environment protection dated June 23, 2014;

Pursuant to the Government’s Decree No. 18/2015 / ND-CP dated February 14, 2015 defining environmental protection planning, strategic environment assessment, environmental impact assessment and environmental protection plans;

Pursuant to the Minister of Natural Resources and Environment’s Circular No… /2015/TT-BTNMT dated…, 2015 stipulating detailed environmental protection project, simple environmental protection project,

Pursuant to…(4)…;

Pursuant to the Decision / Document No. ... date .... of ... (3) ... on the authorization for ... (5) ... to sign a decision approving the detailed environmental protection project (in case of authorization);

Pursuant to inspection record used for assessment of detailed environmental protection project of…(2)…;

Considering the content of the detailed environmental protection project of ... (2) ... which was completed and enclosed with Document No. ... date ... of ... (6) ...;

At the request of ... (7) ...,

HEREBY DECIDES:

Article 1. To approve the detailed environmental protection project (hereinafter referred to as the Project) of ... (2) ... (hereinafter referred to as the establishment) established by ... (6) ... (hereinafter referred to as the owner) with the following contents:

1. Location, size / capacity of operation:

Establishment’s location

Operation size / capacity of establishment

2. Requirements for environmental protection for the establishment:

Implement correctly and fully solutions, measures, and commitments on environmental protection mentioned in the project.

Ensure that the waste is treated to meet technical regulations on environment before being discharged to the environment.

Complete environmental protection works, measures in accordance with the following time-limit:

- works / measures ... .., time-limit is before...

- works / measures ... .., time-limit is before...

- works / measures ... .., time-limit is before...

…

Report on results of to the competent agencies for approval at the required time for completion of each work, environmental protection measures, completion of the whole works, environmental protection measures

(Sections 2.3 and 2.4 apply only to the establishments of which works, environmental protection measures are unfinished)

3. attached conditions (if any):

Article 2. In the process of implementation, if the owner wishes to change any content of the approved detailed project, he must have a written report to ... (1) ... and only make changes after the written approval.  

Article 3. This Decision takes effect from the date of its signing.

Notes:

(1) Name of the competent agency for approval

(2) Full name of the establishment

(3) Head of the competent authority for approval

(4) Full name of the document defining the functions, tasks, entitlements and organizational structure of the competent authority for approval

(5) Full name, title of authorized person (in case of a written authorization)

(6) Name of the agency / enterprise owning the establishment

(7) Head of assessing agency

(8) Title of the head of the competent authority for approval

(9) Recipients under the correlative provisions of Clause 2, Article 10 of this Circular.

APPENDIX 10.

FORM OF CERTIFICATION OF PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

APPENDIX 10a. Form of certification of approving the detailed environmental protection project

Notes:

(1) Name of agency approving the project or assessing agency when being authorized

(2) Head of the approving agency

APPENDIX 10b. Form of certification of issuing the Certificate of registration of simple environmental protection projects

Notes:

(1) Name of certifying body or certifying standing body when being authorized

(2) Head of the certifying body

APPENDIX 11.

FORM OF REPORT ON IMPLEMENTATION OF DETAILED ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

To: … (2) …

REPORT ON PROGRESS OF THE IMPLEMANTATION OF THEDETAILED ENVIRONMENTAL PROTECTION PROJECT

of…(3)…

1. General information about the establishment:

Name of the establishment’s owner: ……………………………………………………………

Address: ……………………………………………………….

Phone:….Fax : ............ E-mail :……………………..

The decision on approval of the detailed environmental protection project No ... date ... of ... (2) ...

2. Completed environmental protection works, measures

Completed works / measures ... date of completion..., Date of putting into operation ...

Completed works / measures ... date of completion..., Date of putting into operation ...

...

3. The results of the monitoring, analysis of the typical parameters when the environment protection works/ measures are operated.

 Ensure all the typical parameters for waste of the establishment which have been defined in technical regulations on environment respectively.

4. The contents changed from the approved detailed environmental protection project (if any)

4. Documents enclosed with the report (if any)

Notes:

Establishment’s owner

(2) Name of the assessing agency

(3) Name of the establishment

(4) Authorized representatives of the establishment.

APPENDIX 12.

FORM OF REPORT ON COMPLETION OF THE WHOLE ENVIRONMENTAL PROTECTION WORKS UNDER THE DETAILED ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

To: …(2)…

Name of the establishment’s owner: ……………………………………………………………

Address: ……………………………………………………….

Place of implementation: ...................................................... ………………………………………………

Phone:….Fax : ............ E-mail :……………………..

The decision on approval of the detailed environmental protection project No ... date ... of ... (2) ...

Has implemented the environmental protection works, measures in accordance with the content of Decision on approving the detailed environmental protection project, including:

1…

2…

send to ... (2) ... a record including:

- One (01) copy of the approval decision together with a copy of the detailed environmental protection project approved by (4) ;

- Seven (07) copies of report on completion of environmental protection works under the detailed environmental protection project of the establishment.

We shall ensure the fidelity of the information and data given in the above documents. If anything goes wrong, we bear full responsibility before the law of Vietnam.

Notes:

(1) Name of the agency / enterprise owning the establishment

(2) Name of the agency approving the detailed environmental protection project;

(3) Full name of the establishment;

(4) Authorized representatives of the establishment.

REPORT ON COMPLETION OF ENVIRONMENTAL PROTECTION WORKS UNDER THE DETAILED ENVIRONMENTAL PROTECTION PROJECT

of (3)

1. General information about the establishment:

Name of the establishment’s owner: ……………………………………………………………

Address: ……………………………………………………….

Place of implementation: ...................................................... ………………………………………………

Phone:….Fax : ............ E-mail :……………………..

The decision on approval of the detailed environmental protection project No ... date ... of ... (2) ...

2. Completed environmental protection works of the establishment

Collection and treatment systems of wastewater and rainwater

Collection network of wastewater and rainwater

(Clearly describe the technical parameter of the collection network of wastewater, rainwater, the location of these works together with illustrative diagrams and technical design)

Constructed and renovated treatment works of wastewater and rainwater:

(Clearly describe the technology process, the size and capacity, the technical parameters of the constructed and renovated works and equipment)

(Raw materials, fuel, materials including chemicals (if any) that have been used, are being used and will be used for the operation of the works, environmental protection measures along with the specific instructions about: trademark, chemical formula (if any), volume used per unit of time (day, month, quarter, year)).

Operation results of treatment works of wastewater and rainwater

(Specify name and contact address of the unit performing the measurement, analysis sampling of environment: time, method, volume of sample assumed to be set up(if any) time to carry out the measurement, sampling, sample analysis, equipment, methods of measurement, sampling and sample analysis that are used)

Operation results of treatment works of wastewater, rainwater are presented in the following table:

Notes:

(*) typical pollution parameters of the establishment are pollution parameters set directly or indirectly by the establishment.

Means and equipment for collection, storage and treatment of conventional solid wastes and hazardous wastes

(Specify the scale, the technical parameter along with the detailed design of the solid waste treatment works in case of self-treatment of the establishment’s owner)

If the establishment hires another unit to treat the waste, it must state the name and address of such hired unit, enclosed with a contract on the hire of treatment (copied and attached in the appendix of the project). The written comparison the results with the current technical regulations on environment)

Works, equipment for exhaust treatment

(fully list constructed works, measures of treatment of dust and exhaust; origins and treatment effectiveness of equipment of treatment of dust, exhaust that was constructed, operating results of the treatment works of dust, exhaust and statistics under tabular format similar to wastewater (excluding column of before treatment).

Countermeasures for noise, vibration

Works, precautions and response to environmental emergencies  

Other environmental protection works, measures

- The effectiveness of other measures of prevention, minimizing the impact on the environment and socio-economic should be assessed and compared with the current regulations.

Note: In case the owner has any adjustment or change the environmental protection works, measures from the approved detailed environmental protection project, he must provide the explanations accompanied by a written consent / permission of the approving agency of the detailed environmental protection project.

3. Documents enclosed with the report

We send the relevant records and documents bounded into volume enclosed with this report including:

- One (01) copy of the approval decision together with a copy of the detailed environmental protection project approved by (4);

- Seven (07) copies of the report on results of implementation of the detailed environmental protection project of the establishment; enclosed with the following Appendices: (depending on the type of the establishment, some or all of these documents are included):

+ The record of as-built drawing of the environmental protection and treatment works (if the establishment does not have the as-built drawing, it is allowed to provide technical design documents. If it only has the technical design documents, it should specify whether it complies with the technical design documents. Specify deviations (if any));

+ The certificate, accreditation of environmental treatment equipment that is imported synchronously or has been commercialized (if any);

+ The note of sampling and results of measurement, analysis the sample of trial operation of waste treatment works;

+ The acceptance record of environmental protection works or other documents relating to the environmental protection works, measures;

+ The contract for collection, transportation, treatment of conventional solid wastes with competent units (for the case where the establishment generates conventional solid wastes during operation without conventional solid waste treatment works);

+ The register of waste generators of hazardous waste; Contract for collection, transportation and treatment of hazardous waste with competent units, together with the document proving that the competence of such  unit (for the case where the establishment generates hazardous wastes during operation without hazardous waste treatment works);

+ The contract or written agreement of the connection to the wastewater treatment and collection system (for the base where the establishment is located in the concentrated production, business, service zones and generates wastewater during operation);

+ The Decision on approval of plans to prevent and respond to oil spills; written certification of eligibility for fire and explosion prevention granted to the establishment (for the case where the establishment is subject to these types of documents as prescribed by law).

4.  Environmental monitoring program

Based on the environmental monitoring program in the approved detailed environmental protection project, the establishment’s owner reviews insufficient contents and rectifies, completes the environmental monitoring program in accordance with the production, business and service of the establishment.

We pledge that the information and data mentioned above is true; if there is anything wrong, we bear full responsibility before the law. /.

APPENDIX 13.

FORM OF REQUEST FOR CERTIFICATION OF REGISTRATION OF SIMPLE ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

To: …(3)…

... (1) ... located at ... (4) ..., send to ... (3) ... three (03) copies of the simple environmental protection project of ... (2) ...

We pledge that all information and data given in the above project is completely truthful and we bear complete responsibility before the law if there is anything wrong.

Kindly request (3) to soon consider and grant the certificate of registration of simple environmental protection project.

Respectfully thanks. /.

Notes:

(1) Name of the agency / enterprise owning the establishment

(2) Full name of the establishment

(3)Name of the agency certifying the registration of simple environmental protection project

(4) Contact address by post

(5) Competent representative of agency/ enterprise owning the establishment.

(6) Other recipients (if any)

APPENDIX 14.

COVER, EXTRA COVER, CONTENT AND STRUCTURE OF SIMPLE ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

APPENDIX 14a. Cover, endpaper, content and structure of simple environmental protection project for establishment registering in the Service of Natural Resources and Environment or district-level People’s Committee

Notes:

(1) Full name of the establishment (as written in the investment document of the establishment).

(2) Only show in the endpaper.

TABLE OF CONTENTS OF LIST OF ABBREVIATION IN THE LIST OF TABLES AND PICTURES

OPENING

- Agency issuing the decision on the incorporation of the establishment, number and date of the establishment decision; number and date of the document of investment registration (if any); number and date of the investment certificate (if any); Other relevant information (copied and attached to the appendix of the project).

- If the establishment is located in the concentrated ​​production, business and service zones, the name of the zone / concentration, number and date of the written approval of the management board of such zone/ concentration must be specified (copied and enclosed with the appendix of the project).

- The current condition of the establishment (the type in accordance with Clause 1 of Article 15 of this Circular).

CHAPTER 1. BRIEF DESCRIPTION OF ESTABLISHMENTS

Name of the establishment  

The current name of the establishment (in consistence with the name stated in the cover and endpaper of the detailed environmental protection project) should be specified fully and accurately.

Establishment’s owner

The full names and titles of the owner along with directions on his contact address, means of communication (telephone, fax, e-mail) should be specified fully.

Establishment’s geographical location

- Description of the establishment’s geographical location: the location of the area of ​​the administrative unit from commune level upwards should be specified; If the establishment is located in the concentrated production, business and service zones, the name of such zone must be specified before the administrative place-name; coordinates the control points of the location of the establishment together with a diagram showing the position of such control points should be specified.

- The natural, socio-economic objects that may be affected by the establishment should be described.

- the position from which wastewater is being discharged and will be discharged of the establishment and the purpose of water use of receiving waters according to current regulations (in case of wastewater) should be shown.

- The map or diagram should be enclosed to illustrate the geographic location of the establishment and surrounding objects as described.

Construction items of the establishment

- Infrastructure group such as roads, ports, communications, electricity supply, water supply, wastewater drainage, rain water drainage and other infrastructure (if any);

- Production, business and service item group includes: working office, housing, factories, warehouses, collection stations of raw materials and other relevant items;

- environmental protection item group includes common solid waste and hazardous waste management (storage place, transfer station, treatment place and burial places); wastewater treatment; exhaust treatment; preventing noise, vibration; preventing erosion, subsidence, sliding, landslides; preventing flooding and other environmental protection items.

Size / capacity, operation time of establishment

- Size/capacity.

- The time in which the establishment was put into operation; the time in which the establishment is expected to be put into operation (for establishments specified in Point dd, Clause 1, Article 15 of this Circular).

Production / operation technology of the establishment

production/ operation technology of the establishment should be briefly described enclosed with the illustrative diagram which gives specific instruction on waste streams and / or the position that can cause environmental problems which are not caused by waste (if any).

Machinery, equipment

Types of machinery and equipment that have been installed and are being used, that are being installed or will be installed should be fully listed (for establishments specified in Clause 1, Article 15 of this Circular) enclosed with the specific instructions on name, manufacture place, manufacture year, condition when they are put into use (new or old, if they are old, the remaining quality percentage must be specified).

Raw materials, fuel, materials

type of raw material, fuel, chemicals that the establishment needs to use should be listed enclosed with specific instruction on trade name, chemical formula (if any), volume used per unit of time (day, month, quarter, year).

The volume of water, electricity and other materials that the establishment needs to use calculated based on the unit of time (day, month, quarter, year) should be specified.

Implementation of environmental protection of the establishment in past time

- The implementation of environmental protection of the establishment during operation should be summarized.

- The reasons for failure to make a registration of environmental standards, a written commitment to environment protection or environmental protection project before should be specified.

- The form and level of penalties for administrative violations and other penalties that the establishment has been suffered (if any).

- Problems and difficulties (if any) should be specified.

Requirements: If the establishment has been penalized, penalty documents must be copied and attached to the Appendix of the project.

CHAPTER 2. DESCRIPTION OF WASTE SOURCES, ENVIRONMENTAL IMPACT OF ESTABLISHMENTS, ENVIRONMENTAL PROTECTION WORKS AND MEASURES  

Generation sources of waste

Wastewater

Conventional solid wastes

Hazardous wastes

Exhaust

Requirements for the contents from Section 2.1.1 to Section 2.1.4:

each generation source of waste should be clearly described enclosed with the specific calculation on discharge content (concentration) of each typical parameter of the establishment according to technical regulations on environment respectively; total volume / flow of discharge (kilograms, tons, m³) of each typical parameter and the entire source in one day (24 hours), one month, one quarter and one year. If the establishment has 02 or more different waste discharge points, calculate the total volume / flow of discharge for each point must be calculated.

Sources of noise and vibration

Each generation source of noise and vibration should be described clearly.

Impact on environment and socio-economy  

- The environmental problems caused by the establishment (if any) such as: erosion, slide, Landslide, subsidence; erosion of river, stream, lake, coast; change of surface water and groundwater level; salinisation; alum intrusion; degradation of the physical and biological environment component; biodiversity change and other environmental problems should be described.

The contents in Section 2.1 and 2.2. must be stated clearly in each stage, as follows:

- Current operation stage.

- Future operation stage under the plan made (if any).

- Stage of termination of operation (if any)

Environmental protection works and measures of the establishment

Collection and treatment systems of wastewater and rainwater

Means and equipment for collection, storage and treatment of conventional solid wastes and hazardous wastes

Works, equipment for exhaust treatment

Measures for noise, vibration prevention

Works, measures for prevention and response to environmental emergencies

Other environmental protection works, measures

In the contents in sections from 2.3.1. to 2.3.6, the establishment should state:

- Raw materials, fuel, materials including chemicals (if any) that have been used, are being used and will be used for the operation of the works, environmental protection measures along with the specific instructions about: trademark, chemical formula (if any), volume used per unit of time (day, month, quarter, year).

- Technology process, management and operation process of waste treatment works, treatment effectiveness and comparison of the results with the current technical regulations of the environment

- If the establishment hires another unit to treat the waste, it must state the name and address of such hired unit, enclosed with a contract on the hire of treatment (copied and attached in the appendix of the project).

- The effectiveness of other measures of prevention, minimizing the impact on the environment and socio-economic should be assessed and compared with the current regulations.

Plan for construction, renovation and operation of works and implementation of environmental protection measures

(Only applies to establishments of which environmental protection works and measures meet technical regulations on environment)

CHAPTER 3. ENVIRONMENTAL MANAGEMENT PLAN

Minimize adverse impacts due to waste

- Respective resolving measures and explanations about the feasibility, effectiveness of such resolving should be specified. If the establishment does not have measures or have measures but such measures are hardly feasible within the framework of the establishment, reasons and specific petitions must be specified so that relevant agencies can resolve and make decision.

- Demonstration showing that after applying the solving measures, the extent in which the waste shall be treated is much or less and is compared with current standards and regulations should be specified. If the establishment fails to meet the requirements, reasons and specific petitions must be stated clearly so that relevant agencies can resolve and make decision.

Minimize other adverse impacts

Each adverse impact should be enclosed with the respective resolving measures and explanations about the feasibility, effectiveness of such resolving. If the establishment does not have measures or have measures but such measures are hardly feasible within the framework of the establishment, reasons and specific petitions must be specified so that relevant agencies can resolve and make decision.

Environmental monitoring plan

- The monitoring of flow of exhaust, wastewater and typical pollution parameters in typical exhaust, wastewater of the establishment, in conformity with the technical standards of the current environment, at least (01) time / 06 months is required. The owners of establishments which connect their wastewater to be treated in concentrated sewage treatment system of the concentrated production, business and service zones are not required to monitor their wastewater.

- Monitoring points must be shown in the diagram with clear notes and coordinates under current regulations.

Requirements:

- Entities which increase their scale, upgrade and increase their capacity must specify the results of the application of measures to minimize negative impacts, prevention and response to environmental emergencies of the establishment that is under operation and analyze the causes of such results in the content of Part III of this Appendix.

- Entities that are required to set up the environmental protection project again, must clearly show the changes in measures to minimize negative impacts, prevention and response to environmental emergencies in the content of Part III of this Appendix.

- In addition to the description of measures to minimize adverse environmental impacts as provided in Sections 3.1 and 3.2 of this Appendix, measures to minimize adverse environmental impacts with work nature must be listed under tabular form, in which type, technical properties, necessary quantity and together with the construction progress for each project should be specified..

- Entities which increase their scale, upgrade and increase their capacity must specify the current conditions of current environmental protection works and measures of the establishment and the relation of such works to their system of environmental protection works and measures in the content of Part III of this Appendix.

CONCLUSIONS, PETITIONS AND COMMITMENTS

1. Conclusions

The establishment should clearly conclude that:

- It can identify, describe the waste sources and calculate types of wastes identify and describe the environmental and socio-economic problems;

- The environmental protection works and measures have the effectiveness and feasibility; it can solve environmental and socio-economic problems arising from its operation.

2. Petition

Petitions should be sent to relevant agencies, departments at central and local levels for solving the problems that exceeds the solving ability of the owner.

3. Commitment

- Committing to comply with the contents and schedule of construction, renovation and operation of environmental protection works and measures;

- Commitment to comply with the reporting regulation in the decision on approving the project;

- Commitment to comply with the provisions of legislation on environmental protection relating to the establishment, including technical regulations and standards on environment.

- Commitment to compensate and remedy environmental pollution in the event of the occurrence of a problem during operation of the establishment.

APPENDIX

Appendix 1: Relevant documents

Appendix 1.1. Copies of the legal documents relating to the establishment of the facility

Annex 1.2. Copies of documents on handling environmental violations (if any)

Annex 1.3. Copies of analysis result paper of environment, contract of environmental treatment (if any)

Appendix 1.4. Copies of relevant documents (if any)

Appendix 2: illustrating pictures (other than pictures shown in the project)

Each document, picture in the appendix must be in a clear order with specific codes and must be referred to in the corresponding contents of the project.

The simple environmental protection project is set up in three (03) originals, signed by the establishment’s owner at the bottom of each page and signed, written full name, title and stamped (if any) of the authorized representative of the establishment’s owner on the last page.

APPENDIX 14b. Cover, endpaper, structure and content of simple environmental protection project for establishments of which scale is households

Notes:

The full and exact name of the establishment

(2) Only shown in the endpaper.

APPENDIX

OPENING

- The number and date of the license for business/ registration of business households which is the basis of the foundation of the establishment (if any, such documents are copied and attached in the appendix).

- The current condition of the establishment (the type in accordance with Clause 1 of Article 14 of this Circular).

Part 1. BRIEF DESCRIPTION OF THE ESTABLISHMENT

Name of the establishment  

Fully, exact and current name of the establishment  

Establishment’s owner

The full names and titles of the owner along with directions on his contact address, means of communication (telephone, fax, e-mail) should be specified fully.

Establishment’s geographical location

The geographic location of the establishment should be specified

Size / capacity, manufacturing process and operation time of establishment

- Size/capacity.

- manufacturing process

- Beginning time of the operation, operation time in the year (for the seasonal operation type)

Part 2. WASTE SOURCES AND MANAGEMENT/ TREATMENT MEASURES

Conventional solid waste source

Liquid waste sources

Gaseous waste sources

Hazardous waste sources (if any)

For other types of solid, liquid and gaseous waste: generation sources of waste, total volume / flow of discharge (kilograms, tons, m3) of each source and the whole establishment of one day (24 hours,  management and treatment measures should be listed..

Sources of noise and vibration

Sources of noise, vibration ,severity, treatment measures should be listed.

CONCLUSIONS, PETITIONS AND COMMITMENTS

1. Conclusions

- The effectiveness and feasibility of the measures to collect, store, treat wastes sources of the establishment should be specified.

2. Petition

Petitions should be presented to relevant agencies, departments for solving problems beyond the solving capacity of the owner.

3. Commitment

- Commitment to implement the contents of environmental protection stated in the simple environmental protection project, especially the contents of the waste treatment.

- Commitment to comply with the provisions of legislation on environmental protection relating to the establishment.

- Commitment to compensate and remedy environmental pollution in the event of the occurrence of problems in the process of construction and operation of the establishment.

APPENDIX

- Relevant documents

- Drawings, pictures (if any).

The simple environmental protection project is set up in three (03) originals, signed by the establishment’s owner, written full name, title and stamped (if any) of the authorized representative of the establishment’s owner on the last page.

APPENDIX 15.

FORM OF CERTIFICATION OF REGISTRATION OF SIMPLE ENVIRONMENTAL PROTECTION PROJECTS

 (Enclosed herewith the Minister of Natural Resources and Environment’s Circular No. 26/2015 / TT-BTNMT dated May 28, 2015)

CERTIFICATE OF REGISTRATION OF SIMPLE ENVIRONMENTAL PROTECTION PROJECT

Of…(2)…

Pursuant to the Law on Environment protection dated June 23, 2014;

Pursuant to the Government’s Decree No. 18/2015 / ND-CP dated February 14, 2015 defining environmental protection planning, strategic environment assessment, environmental impact assessment and environmental protection plans;

Pursuant to the Minister of Natural Resources and Environment’s Circular No…/2015/TT-BTNMT dated…, 2015 stipulating detailed environmental protection project, simple environmental protection project;

Pursuant to…(3).......... defining the functions, tasks, entitlements and organizational structure of ... (1) ...;

Considering the content of the simple environmental protection project of ... (2) ... enclosed with Document No. ... date ... of ... (4) ...;

… (1) …

….(1)…HEREBY CERTIFIES:

Article 1. The simple environmental protection project (hereinafter referred to as the Project) of ... (2) ... (hereinafter referred to as the establishment) founded by ... (4) ... (hereinafter referred to as the owner) is registered at….(1)….

Article 2. Responsibility of establishment’s owner

Implement properly and fully contents in the environmental protection project; ensure that the waste and other environmental problems are managed, treated satisfactorily under current law.

... (In case of other requirements)

Article 3. This certificate is valid from the date of its signing. /.

Notes:

(1) Name of the agency certifying the registration of simple environmental protection project

(2) Full name of the establishment

(3) Full name of the document defining the functions, tasks, entitlements and organizational structure of …(1)…

(4) Name of the agency / enterprise owning the establishment

(5) Authorized representatives of..(1)….

(6) Other recipients (if any)

APPENDIX LIST

Appendix 1a. Entities that are required to set up detailed environmental protection project

Appendix 1b. Entities that are required to set up simple environmental protection project

Appendix 2. form of written request for assessment and approval of detailed environmental protection project

Appendix 3. Cover, endpaper, content and structure of detailed environmental protection project

Appendix 4. Form of consultation on detailed environmental protection project submitted to communal People’s Committees by establishment’s owner.

Appendix 5. Form of reply to establishment’s owner made by the communal people’s committee

Appendix 6. Form of establishment decision of inspectorate for assessment of the detailed environmental protection project

Appendix 7. Form of comment on detailed environmental protection project

Appendix 8. Form of inspection record used for assessment of detailed environmental protection project

Appendix 9. Form of approval decision of detailed environmental protection project

Appendix 10. Form of certification of project

Appendix 10a. Form of certification of approving detailed environmental protection project

Appendix 10b. Form of certification of issuing the Certificate of registration of simple environmental protection project

Appendix 11. Form of report on implementation of detailed environmental protection project

Appendix 12. Form of report on completion of environmental protection works under detailed environmental protection project

Appendix 13. Form of written request for certification of registration of simple environmental protection project

Appendix 14. Cover, endpaper, content and structure of simple environmental protection project

Appendix 14a. Cover, endpaper, content and structure of simple environmental protection project for establishment registering in the Service of Natural Resources and Environment or district-level People’s Committee

APPENDIX 14b. Cover, endpaper, structure and content of simple environmental protection project for establishments of which scale is households

Appendix 15. Form of certification of registration of simple environmental protection project