Thông tư 27/2015/TT-BTNMT

CIRCULAR

ON STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION PLANS

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

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

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

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

The Minister of Natural Resources and Environment issues a Circular on strategic environmental assessment, environmental impact assessment and environmental protection plans.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular detailing the implementation of Point c Clause 1 Article 32 of Law on Environment protection dated 2014; Clause 5 Article 8, Clause 7 of Article 12, Clause 4 and Clause 6 of Article 14, Clause 2 of Article 16, Clause 4 of Article 17, Clause 5 of Article 19 and Clause 4 of Article 21 of Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plans (hereinafter referred to as Decree No. 18/2015/NĐ-CP)

Article 2. Regulated entities

This Circular is applicable to agencies, organizations, or individuals involved in strategic environmental assessment (SEA), environmental impact assessment (EIA), and environmental protection plans.

Chapter II

STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 3. Implementation of SEA

1. The agency in charge of formulation of strategy, planning, or plan (hereinafter referred to as formulating agency) for entities mentioned in the list of entities subject to SEA prescribed in Appendix I issued together with Decree No. 18/2015/NĐ-CP shall prepare and send an application for SEA report assessment as prescribed in Clause 2 Article 8 of Decree No. 18/2015/NĐ-CP The application for SEA report assessment shall be sent directly or by post to the assessment authority, including:

a) One (01) application form for SEA report assessment using the form prescribed in Appendix 1.1 of this Circular;

b) Nine (09) SEA reports and nine (09) drafts of strategy, planning or plan (hereinafter referred to as the strategy). If the number of members of SEA report assessment council is more than nine (09) members, the formulating agency must provide additional SEA reports. The format of cover, endpaper and requests for structure and contents of the SEA report shall use the form prescribed in Appendixes 1.2 and 1.3 of this Circular.

2. Regarding amendments to the strategy prescribed in Clause 4 Article 8 of Decree No. 18/2015/NĐ-CP:

a) The formulating agency shall send 01 description of amendments to the strategy and relevant environment issues enclosed with 01 draft of amendments to the strategy to the Ministry of Natural Resources and Environment;

b) Within 20 working days, the Ministry of Natural Resources and Environment must consider and send a written feedback to the formulating agency and the strategy-approving agency.

Article 4. SEA report assessment

1. The SEA report assessment shall be carried out by the SEA report assessment council established by the head of the SEA report assessment authority with structure and composition prescribed in Clause 1 Article 10 of Decree No. 18/2015/NĐ-CP

2. Activities of the SEA report assessment council shall comply with Chapter V of this Circular.

3. Deadlines for SEA report assessment shall comply with Clause 4 Article 10 of Decree No. 18/2015/NĐ-CP; if the application is not satisfactory, within 05 working days from the date on which the application is received, the assessment authority shall send a notification to the applicant for amendments.

Article 5. Consideration of assessment recommendations and report on results of SEA report assessment

1. The formulating agency must consider recommendations of the assessment council and send following documents to the assessment authority:

a) One (01) description of consideration for recommendations of SEA report assessment council using the form prescribed in Appendix 1.4. of this Circular;

b) One (01) SEA report enclosed with a report recorded on CD; one (01) draft of the completed strategy according to the consideration for recommendations of the assessment council.

2. Within 15 working days from the date on which the completed SEA report sent by the formulating agency is received, the assessment authority must send report on results of SEA report assessment to the strategy-approving agency using the form prescribed in Appendix 1.5 of this Circular.

Chapter III

ENVIRONMENTAL IMPACT ASSESSMENT

Article 6. Application for EIA report assessment

The project owner of entities prescribed in Clause 5 Article 33 of Law on Environment protection dated 2014 and Clause 1 Article 12 of Decree No. 18/2015/NĐ-CP must prepare and send an application to the EIA report assessment authority as prescribed in Clause 1 Article 14 of Decree No. 18/2015/NĐ-CP  The application for assessment includes:

1. One (01) application form for EIA report assessment using the form prescribed in Appendix 2.1 of this Circular.

2. Seven (07) EIA reports of the project. If the number of members of the EIA report assessment council is more than seven (07) members, the project owner must provide additional EIA reports. The format of cover, endpaper and requests for structure and contents of the EIA report shall use the form prescribed in Appendixes 2.2 and 2.3 of this Circular.

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

Article 7. Consultation during the implementation of EIA

1. The project owner must carry out the consultation as prescribed in Clauses 4, 5 and 6 Article 12 of Decree No. 18/2015/NĐ-CP

2. The request for consultation sent by the project owner shall use the form prescribed in Appendix 2.4 of this Circular.

3. The feedback on request for consultation sent by the consulted agency shall use the form prescribed in Appendix 2.5 of this Circular.

4. The meeting minutes of consultation with the community under the direct impact of the project shall use the form prescribed in Appendix 2.6 of this Circular.

5. During the consultation process, the project owner must ensure that the request for consultation enclosed with the EIA report shall be sent to the consulted agency.

6. Deadline for the feedback of the consulted agency is within 15 working days, from the date on which the request for consultation is sent.

7. If the project is carried out in at least 02 communes, the project owner may hold the meeting of consultation with the community under direct impact of the project in each commune or inter-commune.

Article 8. EIA report assessment

1. The EIA report assessment shall be carried out by the EIA report assessment council, other than the case prescribed in Clause 5 Article 14 of Decree No. 18/2015/NĐ-CP

2. Deadlines for EIA report assessment shall comply with Clause 2 Article 14 of Decree No. 18/2015/NĐ-CP; if the application is not satisfactory, within 05 working days from the date on which the application is received, the assessment council must send a notification to the project owner for amendments.

3. During the assessment process, the assessment council shall perform tasks below:

a) Survey and verify information and figures of current conditions of environment at the place where the project is carried out and the adjacent area;

b) Collect sample(s) for analysis and verification;

c) Hold consultation with experts, social organizations, socio-professional organizations to criticize the contents of the EIA report;

d) Hold assessment seminars.

4. Activities of the EIA report assessment council shall comply with Chapter V of this Circular.

Article 9. Approval for the EIA report

1. After the EIA report is assessed, if the assessment result is approval without amendments or approval with amendments, the project owner must amend the EIA report and send following documents to the EIA report assessment and approval agency:

a) One (01) application form for approval for EIA report, which specifies amended contents according to the conclusion of the assessment council, other than the case which does not need amendments;

b) Each EIA report is bound with hardcover and the signature of the project owner is written at the bottom of each page of the report including appendixes (excluding the cover using the form prescribed in Appendix 2.2 of this Circular) in sufficient number, then the report shall be sent to the addresses prescribed in Clause 3 Article 9 of this Circular together with one (01) CD containing one (01) electronic text file in format ".doc" contains the contents of the report and one (01) electronic text file in formats ".pdf" contains scanned content of the entire report (including appendixes).

2. After receiving the application for the EIA report approval sent by the project owner, the assessment authority must:

a) Within 20 working days from the date on which the application for the EIA report approval, the head of the assessment authority shall issue the decision on the EIA report approval using the form prescribed in Appendix 2.7 of this Circular and certify the back endpaper of the approved EIA report using the form prescribed in Appendix 2.8 of this Circular;

b) If the application is rejected, it is required to provide explanation in writing within 10 working days from the date on which the application is received.

3. The EIA report assessment authority shall send the decision on the EIA report approval to the project owner and relevant agencies, in particular:

a) Regarding the EIA report under competence in assessment and approval of the Ministry of Natural Resources and Environment: the decision on approval and the EIA report shall be sent to the People’s Committee of the province where the project is carried out;

b) Regarding the EIA report under competence in assessment and approval of Ministries or ministerial-level agencies: the decision on approval shall be sent to the Ministry of Natural Resources and Environment, the decision on approval and the EIA report shall be sent to the People’s Committee of the province where the project is carried out, excluding the projects under state secrets on defense and security;

c) Regarding the EIA report under competence in assessment and approval of the People’s Committee of the province: the decision on approval for the EIA report shall be sent to the Ministry of Natural Resources and Environment, the People’s Committee of district, and the People’s Committee of the commune where the project is carried out; the decision on approval and the EIA report shall be sent to the Service of Natural Resources and Environment and the management board of industrial park if the project is carried out in the industrial park.

4. After receiving the decision on the EIA report approval sent by Ministries or ministerial-level agencies, the People’s Committee of the province shall copy the decision and send them to the Service of Natural Resources and Environment, the People’s Committee of district, and the People’s Committee of the commune where the project is carried out and the management board of industrial park if the project is carried in the industrial park.

Article 10. Responsibility of the project owner pertaining to the approved EIA report

1. Comply with regulations in Article 16 of Decree No. 18/2015/NĐ-CP

2. Make a plan for environment management on the basis of program for management and observation of environment suggested in the approved EIA report; if there is any change in the program for management and observation of environment, the environment management plan shall be updated and sent to the People’s Committee of the commune as prescribed in Clause 3 of this Article. The format of cover, endpaper and requests for structure and content of the EIA report shall use the form prescribed in Appendixes 2.9 and 2.10 of this Circular.

3. Send the environment management plan to the People’s Committee of the commune where the consultation was held during the implementation of EIA in order that the plan shall be posted public before the construction commencement. The form of plan for environment which is sent the People’s Committee of the commune by the project owner for public post shall comply with Appendix 2.11 of this Circular.

4. Send the testing operation plan for waste treatment works to organizations where the consultations were held and EIA report-approving authority using form prescribed in Appendix 2.12 of this Circular; conduct the testing operation of waste treatment works concurrently with the testing operation of the project. If the testing operation causes environmental incidents, the testing operation must be stopped immediately and a report must be sent promptly to the competent agency; the project owner shall be responsible for handling environmental incidents and compensation for damages under the regulations of law.

5. If the economic zone, industrial park, export-processing zone, hi-tech park, industrial complexes, or central business park receives investment projects in inconformity with the attracting investment sectors according to the approved EIA report of the project for infrastructure construction, but it is not required to re-prepare another EIA report as prescribed in Point c Clause 1 Article 15 of Decree No. 18/2015/NĐ-CP the project owner of the infrastructure construction project shall send an explanation to the EIA report-approving agency and the  procedures for investment may be only carried after the approval for the EIA report is received.

6. If there is any change in project owner, the new project owner must keep carry out the approved EIA report.

Article 11. Authorizing the management board of the industrial parks to assess and approve the EIA report

1. The People’s Committee of the province may authorize the management board of the industrial parks to assess and approve the EIA report if the management board of the industrial parks has an office of environment management and at least 05 employees specialized in environment protection on the payroll.

2. The authorization prescribed in Clause 1 of this Article is only applicable to projects under competence in assessment and approval for the EIA report of the People’s Committee of the province which are invested to industrial parks having EIA reports of infrastructure construction projects approved, having concentrated waste treatment works constructed and having environment protection works certified by the competent agency as prescribed.

3. The People’s Committee of the province shall send the consultation about authorization for assessment and approval for the EIA report to the Ministry of Natural Resources and Environment using the form as prescribed in Appendix 2.1.3 of this Circular. Within 15 working days, the Ministry of Natural Resources and Environment must send a written feedback to the People’s Committee of the province.

4. On the basis of the approval issued by the Ministry of Natural Resources and Environment, the People’s Committee of the province shall authorize the management board of the industrial parks to assess and approve the EIA report by a decision using the form prescribed in Appendix 2.14 of this Circular.

5. The management board of the industrial parks must perform tasks within the authorization scope of competence of the People’s Committee of the province in assessment and approval for the EIA report as prescribed in Clauses 2, 3, 4 and 5 Article 14 of Decree No. 18/2015/NĐ-CP; carry out periodical reporting to the People’s Committee of the province; and subject to inspection and guidance from the People’s Committee of the province and Services of Natural Resources and Environment as prescribed.

Chapter IV

INSPECTION AND CERTIFICATION OF ENVIRONMENT PROTECTION WORKS SERVING THE OPERATION PHASE

Article 12. Report on performance of environment protection works serving the operation phase

1. The project owner of entities prescribed in Column 4 Appendix II of Decree No. 18/2015/NĐ-CP must prepare a dossier on report on performance of environment protection works serving the operation phase and send it to the EIA report-approving agency for consideration of issuance of the certificate as prescribed in Clause 6 Article 16 of Decree No. 18/2015/NĐ-CP

2. The dossier on report on performance of environment protection works serving the operation phase includes:

a) One (01) application form for inspection and certification of completion of environment protection works using the form prescribed in Appendix 3.1. of this Circular;

b) One (01) copy of the decision on approval enclosed with the copy of the approved EIA report;

c) Seven (07) reports on performance of environment protection works serving the operation phase using the form prescribed in Appendix 3.2. of this Circular; If the project is carried out in at least 02 central-affiliated cities and provinces, the project owner must provide additional reports for inspection.

3. If the project has a number of investment stages or independent items, the project owner may prepare report on performance of environment protection works serving the operation phase for each investment stage or each independent item provided that all environment protection works serving the operation phase of each investment stage or each independent item are completed.

4. Regarding the project having the EIA report which is approved as prescribed in Law on Environment protection dated 1993 or Law on Environment protection dated 2005 but it is not mentioned in the list prescribed in Column 4 Appendix II of Decree 18/2015/NĐ-CP the project owner shall be exempt from responsibility for preparation of report on performance of environment protection works serving the operation phase.

Article 13. Inspection of environment protection works serving the operation phase

1. The inspection of environment protection works serving the operation phase shall be carried out via the Inspectorate established by the head of the EIA report-approving agency or the delegated agency (hereinafter referred to as inspecting agency). The decision on establishment of the inspectorate which is in charge of inspection of environment protection works serving the operation phase shall use the form prescribed in Appendix 3.3 of this Circular.

2. Composition of the inspectorate: officials of the inspecting agency and specialists in environment or fields related to the project, in particular: one (01) Chief inspector, one (01) Deputy chief inspector where necessary, one (01) secretary and a number of members.

3. If the environment protection works serving the operation phase are not inspected by the Service of Natural Resources and Environment, apart from composition prescribed in Clause 2 of this Article, the inspectorate must comprise the representative of Service of Natural Resources and Environment where the project is carried out.

4. Regarding the EIA report of the project under approval competence of the People’s Committee of the province, apart from composition prescribed in Clause 2 of this Article, the head of the inspecting agency shall decide to invite the representative of the environment protection authority of the district where the project is carried to join the inspectorate.

Article 14. Working rules of the inspectorate

1. The inspectorate shall work on the principle of public discussion among members and between members with the representative of the project owner in meetings and during the physical verification at the environment protection works.

2. The physical verification of environment protection works shall be carried out if:

a) There are at least 2/3 number of members joining the inspectorate, in which the Chief inspector (or delegated Deputy chief inspector) and the Secretary are required;

b) There is the legal representative of the project owner joining the inspectorate.

Article 15. Responsibility and entitlement of inspectorate members

1. General responsibility and entitlement of inspectorate members:

a) Verify the application for inspection and certification of environment protection works serving the operation phase;

b) Attend meetings of the inspectorate and physical verification activities relating to completion of environment protection works;

c) Discuss with the project owner about the environment protection works during the physical verification;

d) Write a written assessment of the performance of environment protection works using the form prescribed in Appendix 3.4 of this Circular, then send it to the Chief inspector (via the Secretary) for synthesis; and take legal responsibility for their comments;

dd) Manage provided documents as prescribed and resend them at the request of the inspecting agency after completing the tasks;

e) Receive remuneration during the physical verification as prescribed in current regulations of law.

2. Responsibility and entitlement of the Secretary:

Apart from responsibility and entitlement prescribed in Clause 1 of this Article, the Secretary has additional responsibility and entitlement to:

a) Contact with the project owner, inspectorate members, relevant organizations or individuals to arrange the working schedule of the inspectorate;

b) Collect comments from inspectorate members and send reports to the Chief inspector;

c) Draft inspection record of completion of environment protection works.

3. The Deputy chief inspector shall have responsibility and entitlement of inspectorate members as prescribed in Clause 1 of this Article and of the Chief inspector as prescribed in Clause 4 of this Article in case of delegation.

4. Responsibility and entitlement of the Chief inspector:

Apart from responsibility and entitlement prescribed in Clause 1 of this Article, the Chief inspector has additional responsibility and entitlement to:

a) Take general responsibility for the inspectorate activities;

b) Give assignments to the inspectorate members;

c) Preside over meetings of the inspectorate;

d) Take charge of dealing with suggestions of the inspectorate members, of the project owner and the representative of relevant agencies during the physical verification and provide conclusion;

dd) Decide the measuring, taking samples, analyzing environmental indicators of the waste before being discharged into the environment for verification as prescribed in regulations of law in force when necessary.

Article 16. Contents and format of the inspection result of environment protection works serving the operation phase

1. The inspection result of environment protection works must be made in the form of inspection record using the form prescribed in Appendix 3.5 of this Circular.

2. The contents of inspection record must honestly and objectively describe actual condition of environment protection works at the inspecting time.

3. At the end of the inspecting date, each page of the inspection record must be signed by the Chief inspector (or the Deputy chief inspector), the Secretary and the representative of the project owner, and their signatures, full names and titles shall be written on the last page.

Article 17. Issuance of the certificate of completion of environment protection works.

1. According to the inspection result, if the environment protection work serving the operation phase conforms to the approved EIA report and the written approval for amendments issued by the EIA-report approving authority (if any), the inspecting agency shall issue the certificate of completion of environment protection works serving the operation phase before the deadline prescribed in Clause 2 Article 17 of Decree No. 18/2015/NĐ-CP If the environment protection work serving the operation phase does not satisfy the requirements, within 05 working days from the date on which the inspection is finished, the inspection agency shall send a notification to the project owner.

2. The project owner must eliminate shortcomings of the environment protection works serving the operation phase and send a report to the inspecting agency for consideration and approval. The inspection agency must consider issuing the certificate or send the feedback to the project owner within 05 working days.

3. The form of certificate of completion of environment protection works serving the operation phase shall comply with Appendix 3.6 of this Circular.

Chapter V

SEA REPORT ASSESSMENT COUNCIL AND EIA REPORT ASSESSMENT COUNCIL

Article 18. Composition and working rules of the SEA report assessment council and EIA report assessment council

1. The SEA report assessment council and the EIA report assessment council (hereinafter referred to as the assessment council) shall be established according to each SEA report and each EIA report using the form as prescribed in Appendix 4.1 of this Circular.

2. The assessment council must give consultancy to the head of the assessment authority; take legal responsibility and take responsibility for the assessment result to the assessment authority.

3. The assessment council shall work on the principle of public discussion among members of the assessment council, between the assessment council and the formulating agency or the project owner (hereinafter referred to as the project owner).

4. The operation of the assessment council shall be carried via the standing assessment agency within their functions and tasks assigned by the competent agency. Responsibility of the standing assessment agency shall comply with Article 25 of this Circular.

Article 19. Conditions and criteria for titles of the assessment council

1. The president or the deputy president must be an environment specialist or a specialist in the field of the project and have at least 07 years' experience if he/she obtains a Bachelor's Degree, at least 05 years' experience if he/she obtains a Master Degree, at least 03 years' experience if he/she obtains a Doctor Degree or he/she is the head of the assessment authority or the standing assessment agency.

2. The critic must be an environment specialist or a specialist in the field of the project and have at least 07 years' experience if he/she obtains a Bachelor's Degree, at least 05 years' experience if he/she obtains a Master Degree, at least 03 years' experience if he/she obtains a Doctor Degree.

3. The secretary must be an official of the standing assessment agency.

4. The council member must be an environment specialist or a specialist in the field of the project and have at least 03 years' experience if he/she obtains a Bachelor's Degree, at least 02 years' experience if he/she obtains a Master Degree, at least 01 years' experience if he/she obtains a Doctor Degree.

Article 20. Responsibility of the council member

1. Verify the SEA report, EIA report and relevant documents provided by the standing assessment agency.

2. Attend meetings held by the assessment council, seminars, and investigation activities during the process of assessment of the SEA report and the EIA report according to the assignment of the standing assessment agency.

3. Prepare a thematic report serving the assessment of the SEA report and the EIA report according to the assignments of the standing assessment agency.

4. Prepare a written remark about the SEA report and the EIA report using the form prescribed in Appendix 4.1 of this Circular and send it to the standing assessment agency at least 01 working day before date on which the official meeting of the assessment council is held; and present the remark at such official meeting.

5. Prepare assessment note of the SEA report and the EIA report using the form prescribed in Appendix 4.3 of this Circular.

6. Prepare a written remark about the SEA report and the EIA report amended by the project owner after the official meeting of the assessment council at the written request of the standing assessment agency.

7. Manage provided documents as prescribed and resubmit such documents at the request of the standing assessment agency after fulfillment of their tasks.

8. Take responsibility to the assessment authority and take legal responsibility for their remarks about the SEA report and the EIA report and their tasks during the assessment.

Article 21. Entitlement of the council member

1. The council member has entitlement to:

a) Request the standing assessment agency to provide documents related to the application for assessment;

b) Request the standing assessment agency to hold meetings, seminars and other activities directly serving the assessment;

c) Attend meetings of the assessment council; attend seminars and other activities directly serving the assessment according to the assignments of the standing assessment agency;

d) Discuss with the project owner and the consultancy unit about preparation of the SEA report and the EIA report at the meeting of the assessment council; their opinions shall be reserved in case they are different from the conclusion of the assessment council.

2. Receive remuneration according to the current finance regime when perform tasks; receive refund of expenses incurred from traveling, accommodation, meals and other expenses as prescribed when participating in the assessment council.

Article 22. Responsibility and entitlement of the president, the deputy president and the critic

1. The president shall have responsibility and entitlement similarly to the council member as prescribed in Article 20 and Article 21 of this Circular and concurrently take responsibility and entitlement to:

a) Preside over meetings of the assessment council;

b) Deal with opinions given in the meetings of the assessment council and reach the conclusion in the meetings of the assessment council;

c) Sign the minutes and take responsibility to the assessment authority and take legal responsibility for the conclusions reached in the meetings of the assessment council.

2. The deputy president shall take responsibility and entitlement of the council member as prescribed in Article 20 and Article 21 of this Circular and of the president in case he/she is authorized by the president.

3. The critic shall take responsibility and entitlement as prescribed in Clauses 1, 2, 3, 5, 6, 7 and 8 of Article 20 and Article 21 of this Circular; make a written remark about the content of the SEA report and the EIA report using the forms prescribed in Appendixes 4.4 and 4.5 of this Circular.

Article 23. Responsibility and entitlement of Secretary

The secretary shall have responsibility and entitlement similarly to the council member as prescribed in Article 20 and Article 21 of this Circular and concurrently take responsibility and entitlement to:

1. Provide the form of the remark and the assessment note of the SEA report and the EIA report to the council members.

2. Send report on shortcomings of the application to the president according to its research and opinions from the council members.

3. Send opinions of the council members who are absent at the official meeting the assessment council to the assessment council and send feedback of the Service of Natural Resources and Environment to the standing assessment agency (if any).

4. Take the minutes of the meetings of the assessment council; take responsibility for the sufficiency and the honesty of the minutes.

5. Make documentary evidence for settlement of activities of the assessment council.

6. Perform other tasks serving the operation of the assessment council at the request of the standing assessment agency.

Article 24. Responsibility and entitlement of the council member who is the representative of Services of Natural Resources and Environment in the assessment council established by Ministries or ministerial-level agencies

Apart from responsibility and entitlement of the council member equivalent to particular titles in the council, the council member who is the representative of Services of Natural Resources and Environment in the assessment council established by Ministries or ministerial-level agencies also have responsibility and entitlement to:

1. Collect and provide the assessment council with information and materials related to the strategy and project; and take responsibility for such information and materials.

2. In case the representative fails to participate in the assessment council, he/she may authorize another colleague to participate in the assessment council and take equivalent responsibility and entitlement in the council.

Article 25. Responsibility of the standing assessment agency

The standing assessment agency has responsibility to:

1. Prepare a draft of decision on establishment of the assessment council and send it the head of the assessment authority for decision.

2. Request the project owner to provide additional relevant documents if necessary and send them to the council members within 05 working days, from the date on which the decision on establishment of the assessment council is received.

3. Collect and provide the assessment council with information and materials related to the strategy and project.

4. Hold meetings of the assessment council and activities as prescribed in Clause 3 Article 10 of Decree No. 18/2015/NĐ-CP and Clause 3 Article 8 of this Circular.

5. Send the notification of the assessment result and relevant request for amendments to the assessment application within 05 working days, from the date on which the last meeting of the assessment council finishes. The content of the notification must clarify the assessment result approval without amendments; or approval with amendments; or disapproval.

6. Review the content of the SEA report and the EIA report amended by the project owner; send the written request to a number of council members for consultation about the SEA report and the EIA report when necessary.

7. Prepare a draft of the report on assessment result of the SEA report of the strategy or the decision on approval for the EIA report then send it to the competent agency for decision.

8. Make an estimate and pay for expenses incurred from the activities of the assessment council.

Article 26. Conditions for holding the official meeting of the assessment council

The official meeting of the assessment council may be only held if all following conditions are satisfied:

1. At least two-thirds of council members attend the meeting (direct presence or online presence), in which the president or the deputy president authorized by the president (hereinafter referred to as the chair of the meeting), secretary and as least one (01) critic are required.

2. The legal representative of the project owner or the person assigned by the competent agency of the project owner attends the meeting.

3. The fee for SEA report assessment has been paid as prescribed.

Article 27. Holding consultation with Services of Natural Resources and Environment in case of absence of representative from the assessment council established by Ministries or ministerial agencies

1. The standing assessment agency shall send the SEA report to Services of Natural Resources and Environment of local governments directly related to environment issues of the strategy in case of absence of representatives from the assessment council; and send the EIA report to Services of Natural Resources and Environment where the project is carried out in case of absence of representatives from the assessment council.

2. Services of Natural Resources and Environment must send opinions in writing at the request of the standing assessment agency within 05 working days, from the date on which the written request sent by the standing assessment agency is received.

3. The opinions of the Service of Natural Resources and Environment shall be considered at the meetings of the assessment council.

Article 28. Delegates attending meetings of the assessment council

1. The composition of the delegates attending meetings of the assessment council shall be decided and invited by the standing assessment agency.

2. The delegate may address the meetings of the assessment council under the administration of the chair of the meeting and receive remuneration as prescribed.

Article 29. Contents and procedures for the official meeting of the assessment council

1. The secretary shall read the decision of establishment of the assessment council, introduce participants and read report briefly on the processing of the assessment application, and provide information about the activities of the assessment council and the standing assessment agency.

2. The chair shall preside over the meeting within their competence as prescribed in Clause 1 Article 22 of this Circular.

3. The project owner or the authorized consultancy unit shall briefly present the SEA report and the EIA report.

4. The project owner and the council members shall discuss unclear issues (if any) of the application.

5. The critics and other members of the assessment council shall present the remark.

6. The secretary shall read the remark of the absent council members (if any).

7. The participated delegates shall express their opinions (if any).

8. The assessment council may hold private meeting (decided by the chair) to reach the conclusion of the assessment council.

9. The chair shall announce the conclusion of the assessment council.

10. The council members shall give opinions different from the conclusion (if any).

11. The project owner expresses opinions (if any).

12. The chair declares the meeting closed.

Article 30. Contents of the conclusion of the assessment council

1. Contents of the conclusion of the assessment council must contain:

a) Shortcomings of the application; requests for completion of the application (if any) according to the opinions of the council members;

b) Based on the result of assessment voting according to the rules prescribed in Clause 2 of this Article, one of three kinds of following conclusions shall be taken: approval, approval with amendments; or disapproval.

2. Rules for giving assessment result:

a) Approval without amendments: if all council members participating in the meeting vote for approval without amendments;

b) Approval with amendments: if at least two-thirds of participated council members, including at least one (01) critic, votes for approval or approval with amendments;

c) Disapproval: if at least one-third of participated council members votes for disapproval or both (02) opponent members vote for disapproval.

Article 31. Format and contents of the minutes of the official meeting of the assessment council

1. The minutes of the official meeting of the assessment council shall be taken using the form prescribed in Appendix 4.6 of this Circular. Opinions of the project owner, the council members and participated delegates shall be recorded sufficiently and honestly in the minutes.

2. Each page of the minutes of the official meeting of the assessment council must be signed by the chair and the secretary, and their signatures, full names and titles must be written on the last page.

Chapter VI

THE ENVIRONMENT PROTECTION PLAN

Article 32. Responsibility for certification of registration of the environment protection plan

1. Services of Natural Resources and Environment shall certify the registration of the environment protection plans for the projects prescribed in Appendix 5.1 of this Circular.

2. The People’s Committees of districts shall certify the registration of the environment protection plans for the projects or the business plans prescribed in Clause 1 Article 18 of Decree No. 18/2015/NĐ-CP excluding entities prescribed in Clause 1 of this Article.

3. The People’s Committees of the communes shall authorized by the People’s Committees of districts to certify the environment protection plans for projects or business plans within household scope in a commune within their competence.  The letter of attorney shall be made using the form prescribed in Appendix 5.2 of this Circular.

4. The management boards of industrial parks, export-processing zones, and economic zones may be authorized by the competent agency prescribed in Clause 1 and Clause 2 to certify the environment protection plans for investment projects or business plans in the industrial parks, export-processing zones, economic zones as prescribed in Point d Clause 1 Article 19 of Decree No. 18/2015/NĐ-CP  The letter of attorney shall be made using the form prescribed in Appendix 5.3 of this Circular.

Article 33. Dossier on registration of the environment protection plan

1. A dossier on registration of the environment protection plan certified by Service of Natural Resources and Environment includes:

a) Three (03) environment protection plans with covers and contents in accordance with the form prescribed in Appendixes 5.4 and 5.5 of this Circular;

b) One (01) investment report or business plan

2. A dossier on registration of the environment protection plan certified by the People’s Committee of district includes:

a) Three (03) environment protection plans with format and contents in accordance with the form prescribed in Appendix 5.6 of this Circular;

b) One (01) investment report or business plan of the project owner.

3. In case the environment protection plan is registered at the authorized agency, the dossier shall comply with regulations equivalent to the dossier registered at the competent agency.

Article 34. Certification of registration of the environment protection plan

Within 10 working days from the date on which the dossier on registration of the environment protection plan, the receiving body shall consider certifying the registration of the environment protection plan using the form prescribed in Appendix 5.7 of this Circular. If the dossier is rejected, they must provide explanation in writing using the form prescribed in Appendix 5.7 of this Circular.

Article 35. Implementation of the environment protection plan

1. After the environment protection plan is certified, the project owner, the business owner and the regulatory agency shall comply with Clause 4 Article 19 of Decree No. 18/2015/NĐ-CP

2. The entities prescribed in Clause 4 Article 33 of Law on Environment protection are required to re-register the environment protection plan. The re-registration, responsibility and deadlines for certification of re-registration of the environment protection plan shall comply with Articles 32, 33 and 34 of this Circular.

3. If there is any change in the project owner or the business owner, the new project owner or the new business owner must keep implementing the registered environment protection plan.

Chapter VII

IMPLEMENTATION

Article 36. Transitional provision

1. The applications for SEA report assessment; applications for EIA report assessment and approval; registration of commitment to environment protection; inspection and certification of environment protection measures and works serving the operation phase that are received by the competent agency before the effective date of this Circular shall be processed as prescribed in Circular No. 26/2011/TT-BTNMT dated July 18, 2011 of the Ministry of Natural Resources and Environment on guidelines for Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environment assessment, environmental impact assessment, commitment to environment protection, excluding those prescribed in Clause 2 of this Article.

2. From April 1, 2015, the competent agency shall return the following dossiers:

a) Applications for SEA report assessment of the strategy for entities other than entities prescribed in Appendix I of Decree No. 18/2015/NĐ-CP;

b) Applications for EIA report assessment and approval for entities other than entities prescribed in Appendix II of Decree No. 18/2015/NĐ-CP;

c) Applications for inspection and certification of environment protection measures or works serving the operation phase for entities other than entities prescribed in Column 4 Appendix II Decree No. 18/2015/NĐ-CP;

d) Dossiers on registration of commitment to environment protection for entities other than entities prescribed in Appendix IV Decree No. 18/2015/NĐ-CP

Article 37. Implementation

1. Ministries, ministerial-level agencies, People's Committees of provinces, the People’s Committees of districts shall carry out the reporting regime for SEA report assessment; EIA report assessment and approval; registration and inspection of the environment protection plans; inspection and certification of environment protection works as prescribed in Article 21 of Decree No. 18/2015/NĐ-CP using the forms prescribed in Appendixes 6.1, 6.2, 6.3, 6.4, 6.5 and 6.6 of this Circular.

2. Ministries, ministerial agencies, the People’s Committees of the provinces shall assign their specialized agencies as the standing agencies in charge of SEA report assessment and EIA report assessment within their competence.

Article 38. Effect

1. Ministers, Heads of ministerial-level agencies, Governmental agencies, the Presidents of the People’s Committees are responsible for implementation of this Circular.

2. This Circular takes effect from July 15, 2015 and replaces with Circular No. 26/2011/TT-BTNMT dated July 18, 2011 of the Minister of Natural Resources and Environment on guidelines for Decree No. 29/2011/NĐ-CP of the Government on strategic environment assessment, environmental impact assessment and commitment to environment protection.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Natural Resources and Environment  for consideration./.

APPENDIX 2.3

STRUCTURE AND CONTENTS OF ENVIRONMENTAL IMPACT ASSESSMENT REPORT
(Issued together with Circular No. 27/2015/TT-BTNMT dated May 29, 2015 of the Minister of Natural Resources and Environment on strategic environment assessment, environmental impact assessment and environmental protection plans)

TABLE OF CONTENTS
LIST OF ABBREVIATIONS
LIST OF TABLES AND DIAGRAMS

PREFACE

1. Need for and Purpose of the Project

1.1. Summary of need for and purpose of the Project, which clarifies type of the Project: new project, renovation project, extension project, upgrade project, capacity increase project, adjustment project, supplementary project or another project type.

Notes:

- For the renovation project, extension project, upgrade project, or capacity increase project, it is required to specify number, date of issue, issuing agency together with a copy of a decision on approval for EIA report, a certificate of environmental standards, an acceptance of the commitment to environment protection, a certification of the environment protection plan, a decision on approval for detailed environment protection scheme, or a certification of basic environment protection scheme issued by the competent authority to business entities (if any);

- For the project required another EIA report, it is required to specify reasons, number, date of issue, issuing agency together with a copy of a decision on approval for EIA report of the project that has been issued by the competent authority.

1.2. Agencies or organizations competent to approve feasibility study report or investment project or equivalents.

1.3. Relation between the Project and other projects or development planning that are assessed and approved by the competent authorities (clarifying current conditions of projects and development planning relating to the Project).

1.4. If the Project is located in an/a economic zone, hi-tech zone, industrial zone, processing and exporting zone or in another concentrated business zone, it is required to clarify the name of that zone, then copy and attach the following documents (if any) to Appendix of EIA report:

- A decision on approval for EIA report of the Project for infrastructure construction of the economic zone, hi-tech zone, industrial zone, processing and exporting zone or another concentrated business zone.

- A certification of execution and completion of the Project and environmental protective measures serving the inauguration of the Project for infrastructure construction of the economic zone, hi-tech zone, industrial zone, processing and exporting zone or another concentrated business zone.

2. Legal and technical framework for conducting EIA

2.1. Make a list of legislative documents, technical standards and instructions in terms of environment serving as the basis for conducting EIA and preparing EIA report of the Project.

Notes: Number, date of issue, summary and issuing agency of every legislative document must be specified sufficiently and accurately.

2.2. Make a list of legal documents, decisions or advices on the Project issued by the competent authorities.

2.3. Make a list of materials and data gathered by the Project owner that are used in the EIA.

3. Conducting EIA

- Summarize the organization of EIA and preparation of EIA report conducted by the Project owner, which clarifies whether or not a consultancy unit in charge of preparation of EIA report is hired. If no consultancy unit is hired, it is required to clarify that the Project owner has a specialized division or employee in charge of environment. If a consultancy unit is hired, its name, full name of its legal representative, and its address must be clarified.

- Make a list of individuals participating in EIA and preparing EIA report (including their signatures).

Notes: Specify members of the Project owner and members of the consultancy unit (if any), specify academic titles, academic degrees, major, and tasks in charge in EIA of every member and their certificates of EIA consultancy, including: number, date, licensing agency as prescribed in law on management and issuance of certificates of EIA consultancy.

4.  Methods applied in EIA

Make a list of all methods that are used in specific stages in EIA and classify them into 2 groups as follows:

- EIA methods;

- Other methods (investigation, survey, study, measure, environmental analysis, etc.)

- Notes: Clarifying purposes of every method.

Chapter 1

SUMMARY OF PROJECT

1.1. Name

Accurate name of the Project (according to the investment report, the feasibility study report or equivalents).

1.2. Project owner

Sufficient and accurate name of the Project owner, address and contact; full name and position of the legal representative of the Project owner.

1.3. Geographic location

Clearly describe geographic location (including co-ordinates according to current standards, boundary, etc.) of the location of the Project in relation to:

- Natural factors (traffic system; system of rivers, lakes and other water resources; forests, biosphere reserves, national parks, nature reserve, nature reserve of the world, etc.);

- Socio-economic factors (residential areas; urban areas; business facilities; culture and religion works; historical remains, etc.);

- Other factors around the project area likely to be affected the Project.

Notes: Information about factors mentioned above must be showed in the geographic location diagram with appropriate scale (the Project owner may provide administrative map of the Project area or satellite image, if necessary) and clear annotation.

- Proposed locations (if any) and selected location.

Notes:

- Clarifying current conditions of management and use of land on which the Project is located;

- Describing the conformity between the selected location and regulations of law and development planning that approved by the competent authorities.

1.4. Project description (selected plan)

1.4.1. Objectives

1.4.2. Quantity and size of work items

Adequately and thoroughly list and describe quantity and size (space and time) of work items, according to each phase of the Project, which are likely to affect the environment during the execution of the Project, attach diagrams and general drawings of work items or diagrams and separate drawings of each work item that is likely to affect the environment. The above work items shall be classified into 2 types as follows:

- Primary work items: work items serving business purposes of the Project;

- Auxiliary work items: transportation, post and telecommunications, electricity supply, water supply, rainwater drainage, sewerage, site clearance, relocation, trees, wastewater treatment plants, solid waste treatment or ground, forest protection works, fishery protection works, saltwater instruction prevention, alum spread prevention, hydrological change prevention, prevention of erosion and siltation; work items for oil spill response, fire and explosion, environmental incidents and other work items (depending on type of the Project).

1.4.3. Execution measures and technology of work items of the Project

Make a detailed description of execution measures and technology of work items of the Project likely to create negative impact on the environment and specify grounds for the selected measure and technology.

1.4.4. Production and operation technology

Make a detailed description of production and operation technology likely to create negative impact on the environment and specify grounds for the selected technology accompany with an illustrated diagram. The illustrated diagram must show factors that may occur, such as: sources of waste generation and other factors other than the waste such as change in water balance, siltation, erosion, shaking, noise, encroachment on natural ecoregions, encroachment upon residential areas, vestiges, religion and culture works, business areas.

1.4.5. List of proposed machinery and equipment

Make a list of primary machinery and equipment of the Project.

1.4.6. Raw materials and fuel (input) and products (output) of the Project

Make a list of composition and properties of raw materials (input) and products (output) of the Project together with instructions in their trade name and chemical formula (if any).

1.4.7. Schedule

Make a detailed schedule of work items according to every phase of the Project from the start to the finish date and to be shown in diagrams.

1.4.8. Investment

Clarify total investment and investment sources of the Project, especially the investment rate of environment protection activities of the Project.

1.4.9. Management and execution of the Project

Describe manpower demand, organizational structure and connection between departments and divisions; accommodation of workers according to every phase of the Project. The project management shall be illustrated by a flowchart.

The division in charge of the environment shall specify its number of employees in charge, their qualifications and training levels.

Requirements:

The above essential contents of the Project (scope; phases; measure, quantity of work items; production and operation technology; demand for energy, materials, water, machinery and equipment, schedule) shall be summarized as follows:

With respect to a renovation project, extension project, upgrade project, or capacity increase project, apart from the above information, it is required to clarify current conditions of existing business facilities, work items, equipment and technology that are kept using in the renovation, extension or upgrade project; work items and equipment that are replaced, adjusted, supplemented, or connected with new work items.

Chapter 2

NATURAL ENVIRONMENT CONDITIONS AND SOCIO-ECONOMIC CONDITIONS IN THE PROJECT AREA

2.1. Natural environment conditions

2.1.1. Geography and geology

Make a description of objects, phenomena or processes that are likely to affect the Project (provide details of the Project if it probably changes geography or scenery factors, or relates to mineral extraction or underground works).

2.1.2. Climate and meteorology

Make a description of typical climate and meteorology constituents with sufficient figure chain, suitable for the type and location of the Project, that serve as the basis for calculation and forecast of the Project’s impact such as: temperature, wind direction and speed, rainfall, etc., particularly about irregular events.

2.1.3. Hydrography

Make a description of typical hydrography with sufficient figure chain, suitable for the type and location of the Project that serve as the basis for calculation and forecast of the Project’s impact such as: water level, flow, flow rate, etc.

2.1.4. Current quality of constituents of soil, water and air environment

- Clarify the quality of environmental constituents on which the Project probably create direct impact, for example the air environment that directly receives the exhaust fumes from the Project (paying more attention to the affected areas at the end of the main wind directions), the water resource receiving the sewage from the Project, the soil quality of the proposed location, etc.

- Give reviews and comments in terms of the environment quality in comparison with environmental technical regulations and standards, identify the pollution causes; make a preliminary assessment of the carrying capacity of the environment in the project area according to sufficient environmental data collected from sampling and analysis of environmental constituents.

- Specify sampling locations for quality analysis as prescribed in regulations of law in force.

- Every location for sampling and measurement must have a code, co-ordinate, time and place instruction, as well as, be shown in the clear tables and illustrated in the diagram on the project location map. The measurement, sampling and analysis must comply with procedures and regulations on monitoring and analysis of the environment and be certified by the competent authority.

- Carry out the conformity assessment of the selected location with the characteristics of natural environment of the project location.

Notes: Regarding a radioactive-related project, it is required to make a detailed description of radioactive monitoring process, monitoring results; assessment of current conditions and preliminary analysis of causes.

2.1.5. Biological resources

The biodiversity of the project area and affected areas, including:

- Data and information about terrestrial biodiversity that is likely to be affected by the Project, including: habitat and eco-sensitive areas (inland wetlands, nature reserve, biosphere reserves, the world natural heritage sites in and around the project area); distance from the Project to nearest eco-sensitive areas; area of forest types (if any); list and the current status of the plants, wildlife, including endangered and rare species that are given priority in terms of protection, and endemic species in the area that are likely to be affected by the Project;

- Data and information about biodiversity of marine and coastal wetlands that is likely to be affected by the Project, including the characteristics of marine ecosystems and coastal wetlands, the list and status of plankton, benthos, fishes and other aquatic resources (if any).

Requirements of Section 2.1:

- Latest data about the natural environment conditions from the physical survey conducted by the investor or the consultancy unit. Specify source and time of survey in case of data of another unit;

- Specify reference materials and data. 

2.2. Socio-economic conditions

2.2.1. Economic conditions

Describe economic activities (industry, agriculture, transport, mineral extraction, tourism, trade, services and other fields), jobs and income of households that are likely to be affected by the Project execution.

2.2.2. Socio-economic conditions

- Specify demographic characteristics, conditions of health, culture, education, standard of living, the poverty rate, the cultural, social, or religious works, historical remains, residential areas, urban areas and other related works likely affected by the Project.

- Carry out the conformity assessment of the selected location with the socio-economic nature of the project location.

Requirements of Section 2.2:

- Data about socio-economic conditions must be updated at the time of implementation of EIA accompany with origin, time and reliability of such data;

- Regarding projects invested in concentrated business zones, it only requires description of development investment activities and environment protection activities of the concentrated business zones in the Section 2.2.

Chapter 3

ASSESSMENT AND PREDICTIONS OF ENVIRONMENTAL IMPACT FOR PROJECT

General rules: The assessment and predictions of environmental impact for the Project to natural environment, socio-economic conditions and communities shall be carried out according to the preparation phase, construction phase, operation phase and other phases (dismantling, closing, environmental remediation and other activities likely to affect the environment) of the Project (if any) and affecting sources and affected objects must be detailed. Each impact shall be evaluated particularly in terms of levels, scope of space and time (conducting quantitative and qualitative evaluation and detail the Project using calculation and model methods (if applicable).

3.1. Assessment and predictions

3.1.1. Preparation phase

There are following primary contents:

- Assess the suitability between the project location and environment conditions and socio-economic conditions in the project area;

- Assess the impact of appropriation of land, emigration, and relocation (especially for households losing residential land, farmland and facing unemployment);

- Assess the impact of the site clearance (clearance of vegetation, leveling, and other activities).

3.1.2. Construction phase

There are following primary contents:

- Assess and predict impact of construction materials’ extraction for the Project (under scope of the Project);

- Assess and predict impact of transport of construction materials, machinery and equipment;

- Assess and predict impact of execution of work items of the Project or the execution of the Project (if the Project has no work item).

3.1.3. Operation phase

There are following primary contents:

- Assess and predict impact of waste generation sources (gas, liquid and solid);

- Assess and predict impact of non-related waste sources.

3.1.4. Other phases (dismantling, closing, environmental remediation and other activities likely to affect the environment) (if any)

It is required to primarily predict the remaining waste after the operation phase and other environmental issues relating to the activities of demolition, rehabilitation, and improvement in the project area.

Requirements pertaining to Sections 3.1.1, 3.1.2, 3.1.3 and 3.1.4:

- Each affecting source shall be assessed according to the affected objects, scope, level, probability of impact, the rehabilitation of the affected objects;

- The affecting source related to the waste must be clarified: It is required to specify quantity, load and concentration of all specific waste parameters of the Project and compare with standards and technical regulations in force, specify waste generation space and time;

- It is needed to clarify the affecting sources related to waste (noise, vibration, erosion, slide, collapse, land subsidence, erosion of river, stream, lake, coast; silting of river-beds, streambed, lakebed, seabed; change of levels of water surface and underground water; salinization; alkaline intrusion; deforestation, losing of vegetation and wildlife, impact on sensitive ecosystems, degradation of environmental physical and biological components; biodiversity change, the impacts of climate change and the other waste-unrelated affecting sources);

- The most important negative and positive impacts that need to be assessed and predicted include: Impact on natural environment components; impact on biodiversity; impact of community's health; and impact on climate change;

- The assessment and predictions of impact on the community’s health must clarify extent of impact in connection with the size and scope of the affected community;

- The assessment and predictions of a renovation, extension, upgrade, or capacity increase project shall be carried out according to collective impacts of new waste sources and waste sources of the existing business facilities.

3.1.5. Assessment and predictions of impact caused by risks and incidents of project

- The assessment and predictions of impact on the environment and the community’s health caused by risks and incidents of the Project shall base on result of predictions of the Project (feasibility study report or equivalent) or presumptive risks and incidents occurring in the Project phases (preparation, construction, operation and other phases (if any));

- It is required to specify extent, space and time occurring the impact due to risks or incidents.

3.2. Comments about details and reliability of results of assessment and predictions

Give objective comments about details and reliability of results of assessment and predictions of environmental impacts likely occurring during the execution of the Project. Regarding issues lacking essential reliability, the objective and subjective grounds shall be clarified (lack of information and data; outdated existing data; non-accurate and reliable data that is self-collected; the unreliable or fairly reliable assessment method; poor employees in charge of EIA; and other reasons).

Notes: The assessment and predictions of impact not related to the waste (noise, vibration, erosion, slide, collapse, land subsidence, erosion of river, stream, lake, coast; silting of river-beds, streambed, lakebed, seabed; change of levels of water surface and underground water; salinization; alkaline intrusion; deforestation, losing of vegetation and wildlife, degradation of environmental physical components; biodiversity declines, etc.) must clarify the scope, extent of impact in conjunction with time and affected objects.

Chapter 4

MEASURES FOR PREVENTION AND MITIGATION OF NEGATIVE IMPACT AND RESPONSE TO RISKS AND INCIDENTS OF PROJECT

4.1. Measures for prevention and mitigation of negative impact

4.1.1. Preparation phase

4.1.2. Construction phase

4.1.3. Operation phase

4.1.4. Other phases (if any)

4.2. Measures for prevention and response to risks and incidents of project

4.2.1. Preparation phase

4.2.2. Construction phase

4.2.3. Operation phase

4.2.4. Other phases (if any)

According to results of evaluation and predictions of impact on the environment and the community’s health caused by risks and incidents of the Project, it is required to propose measures for management, prevention and response to risks and incidents following every phase of the Project (preparation, construction, operation and other phases (if any)).

4.3. Proposal for execution of environmental protective measures and works

- Summary of budget estimates for every environmental protective measure and work.

- Description of organizational and operational structure of environmental protective works.

Requirements:

- With regard to every phase prescribed in Section 4.1 and 4.2 of this Appendix, the proposal of measures for prevention and mitigation of impact on the environment and the community’s health must satisfy the following rules:

+ Every negative impact that is predicted in Chapter 3 requires equivalent prevention and mitigation measure. In case it is unable to carry out feasible measure, it is required to provide explanation and propose handling measure;

+ Clarify the results of implementation of mitigation measures for negative impact in accordance with standards and regulations in force.

+ Specify feasibility of every measure, space, time and result of the measure;

+ In case measures for prevention and mitigation of negative impact of the Project relate to several agencies and organizations, it is required to clarify the names of those agencies and organizations and make cooperation proposal;

- With respect to renovation, extension, upgrade or capacity increase project prescribed in Point 4.1.3 and 4.2.3 of this Appendix, it is required to specify result of implementation of measures for prevention and mitigation of negative impact, prevention and response to environment incidents and their causes; condition of existing environmental protection measures and works and the connection with the system of measures and works.

Chapter 5

ENVIRONMENTAL MANAGEMENT AND SURVEILLANCE PROGRAM

5.1. Environmental management program

The environmental management program shall be established according to results of Chapters 1, 3 and 4 as follows:

5.2. Environmental surveillance program

The environmental surveillance program shall be launched during the execution of the Project and set up according to preparation, construction, operation and other phases of the Project (if any). The program shall include surveillance of waste and other environmental issues, in particular:

- Surveillance of waste water and exhaust: monitor the flow of waste and the typical parameters of the treated waste water and exhaust with a minimum frequency of 1 time per 3 months (unless otherwise provided by law); location of surveillance points shall be described and shown in the diagram with clear annotation.

- Surveillance of solid waste: monitor total emissions (when the waste generated) in temporary storage location.

- The continuous monitoring of waste shall comply with law on environment protection, particularly:

+ Continuous monitoring of waste water: apart from periodic monitoring, the continuous monitoring of wastewater shall apply to treated wastewater in concentrated wastewater treatment plants of infrastructure of the industrial parks; treated wastewater of the Project outside industrial parks with waste water discharge of 1,000 m³ per day and night or more (not including cooling water).

+ Continuous monitoring of exhaust: apart from periodic monitoring, the continuous monitoring of wastewater shall apply to the following projects: cement production; thermo-electric plants (other than thermo-electric plants using natural gaseous fuels); steel production with capacity of over 200,000 tonnes per year; chemical manufacturing plants and chemical fertilizers with capacity of 10,000 tonnes per year; oil industrial plants with capacity of 10,000 tonnes per year; and industrial boiler with capacity of over 20 tonnes of steam per hour.

- Monitoring surroundings: only applying to the operation phase of the project that has generated radioactive with a minimum frequency of 1 time per 6 months; location monitoring points must be selected to ensure representation and must be described together with illustrative diagrams.

- Monitoring other environmental issues (if the Project may have an impact): the phenomenon slide, collapse, subsidence, erosion, sedimentation; changes of surface water level, groundwater, salinisation, alum intrusion, endangered and rare species given priority to protection to keep track their changes over space and time of those issues problem with a minimum frequency of 01 time per 06 months.

Requirements:

- For monitoring of waste: only monitor types of waste or waste parameters in which the project is likely eliminate into the environment;

- Design the sampling location of waste in accordance with regulations and standards in force (if any);

- The measurement, sampling and analysis must be certified by the competent authority;

- The results of monitoring of environmental parameters must be matched with the standards and regulations in force.

Chapter 6

CONSULTATION WITH THE COMMUNITY

6.1. Summary of process of consultation with the community

Make a summary of process of consultation between the People’s Committee of the commune and the organizations under direct impact of the Project (hereinafter referred to as affected organizations) and the consultation with the community under the direct impact of the Project (hereinafter referred to as the affected community) in the form of meeting as follows:

6.1.1. Summary of consultation with the People’s Committee of the commune and affected

Describe the process of community consultation that has been organize and specify the number, symbol, time of issue of the document sent by the project owner to the People's Committee of commune where the Project is situated and the affected organizations; numbers, symbols, time of issue of the writing response of the People's Committee of the commune and the affected organizations.

If there is no response from the People’s Committee of the commune and the affected organizations, it is required to prove that those authorities failed to give such response.

6.1.2. Summary of consultation with the affected community

Describe the cooperation between the project owner and the People’s Committee of the commune where the Project is situated in organization of the consultation meeting with the affected community and details of composition.

6.2. Results of consultation with the community

6.2.1 Opinions of the People’s Committee of the commune and affected organizations

Specify opinions of the People’s Committee of the commune and affected organizations in terms of contents of EIA report and attached proposals (if any).

6.2.2 Opinions of representative of the affected community  

Make a summary of opinions against the contents of EIA report presented by the project owner at the meeting and their proposals.

6.2.3. Responses and commitment of the project owner in terms of the above proposals.

Specify accepted proposals with commitment and non-accepted proposals with explanation of the project owner.

Notes: Copies of request for consultation, responses of required agencies and organizations, copies of meeting minutes of consultation meeting with the affected community shall be attached to the Appendix of the EIA report.

CONCLUSION, REQUEST AND COMMITMENT

1. Conclusion

It is required to make the conclusion about the following issues: whether all impacts are identified and assessed, remaining unpredictable issues; overall assessment of extent and scale of the identified impact; the feasibility of measures for mitigate negative impacts and prevention of and response to the environmental incident and risk; the negative impacts having no mitigation measure because it is beyond the ability of the project owners and the reasons.

2. Request

Request competent authorities to handle issues exceeding the ability of the project owner.

3. Commitment

Commitments of the project owner in terms of implementation of environmental management program, environmental surveillance program prescribed in Chapter 5 (including environmental technical regulations and standards that are compulsory); implementation of commitment to the community prescribed in Section 6.2.3 Chapter 6 of EIA report; and compliance of general regulations on environment protection according to every phase of the Project include:

- Commitment on environmental protection measures to be implemented and finished in the preparation phase;

- Commitment on environmental protection measures to be implemented and finished in the construction phase;

- Commitment on environmental protection measures to be implemented from the official operation to the closing phase;

- Commitment on environmental protection measures to be implemented and finished in the closing phase (if any);

- Commitment to compensate and reduce environmental pollution in case environmental incidents and risks occur during the execution of the Project.

APPENDIX 2.7

TEMPLATE OF DECISION ON APPROVAL FOR ENVIRONMENTAL IMPACT ASSESSMENT REPORT
(Enclosed to the Circular No. 27/2015/TT-BTNMT dated May 29, 2015 by Minister of Natural Resources and Environment providing for strategic environmental assessment, environmental impact assessment and environmental protection plans)

DECISION

On giving approval for the Project’s environmental impact assessment report (2)

(3)

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

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

Pursuant to the Circular No. 27/2015/TT-BTNMT dated May 29, 2015 by Minister of Natural Resources and Environment providing for strategic environmental assessment, environmental impact assessment and environmental protection plans;

Pursuant to (4);

Pursuant to (5) (if any);

At the request of the council for appraisal of the Project’s environmental impact assessment report (2) at the meet held on………[date] at………. [place];

Considering the contents of the Project’s environmental impact assessment report (2) which has been modified and supplemented, and submitted together with the Document No.......... dated .............. by (6);

At the request of the standing appraisal agency,

HEREBY DECIDES:

Article 1. Give approval for the environmental impact assessment report of the project (2) (hereinafter referred to as “project”) made by (6) (hereinafter referred to as “project owner”) with the main contents as below:

1. Scope, scale and capacity of the project:

1.1. ...

1.2. ...

…

2. Environmental protection requirements for the project:

2.1. …

2.2. …

…

3. Additional conditions (if any):

3.1. …

3.2. …

…

Article 2. The project owner assumes responsibility to:

1. Prepare and submit the project’s environmental management plan for posting in compliance with laws.

2. Strictly comply with environmental protection requirements and conditions mentioned in Article 1 hereof and other environmental protection contents specified in the environmental impact assessment report.

3. Make report on the completion of environmental protection works for inspection and certification before the project is put into official operation in accordance with current regulations on environmental protection (applicable to projects in Column 4 Appendix II of Decree No. 18/2015/ND-CP).

4. The project owner must submit a report on changes which occur in course of executing the project in comparison with the contents of the approved environmental impact assessment report, and shall make such changes only after obtaining a written approval given by (1).

Article 3. Decision on approval for the project’s environmental impact assessment report shall be used as the basis for consideration and decision on following steps of the project by competent authorities in accordance with regulations in Clause 2 Article 25 of the Law on environmental protection.

Article 4. (7) is assigned to check the contents of the environmental impact assessment report given approval in this Decision.

Article 5. This Decision shall come into force as from the date on which it is signed./.

Note: (1) Name of the authority giving approval for the project's EIA report; (2) Full and exact name of the project; (3) Chief or head of the authority (1); (4) Full name of the document defining the functions, tasks, powers and organizational structure of (1); (5) Document made by competent authority to authorize (1) to appraise and give approval for the project's EIA report (if any); (6) Project owner; (7) The authority that is assigned to inspect environmental protection works serving the project's operation.