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MEKONG COUNSEL

Circular on the formulation, appraisal, approval, inspection and certification of the implementation of detailed environmental protection plans; and the formulation and registration of simple environmental protection plans

On March 16th, 2012, the Ministry of Natural Resources and Environment issued Circular No. 01/2012/TT-BTNMT on the formulation, appraisal, approval, inspection and certification of the implementation of detailed environmental protection plans; and the formulation and registration of simple environmental protection plans. Accordingly, detailed regulations on the formulation, appraisal, approval, inspection and certification of the implementation of detailed environmental protection plans; and the formulation and registration of simple environmental protection plans concerned individuals, organizations at home and abroad shall be as follows:

 

Formulation, appraisal, approval of detailed environmental protection plans

 

- Establishments having the scale, nature equivalent to those subject to the formulation of an environmental impact assessment report shall be required for a detailed environmental protection plan.

 

+ Establishments which have not had one of the following papers: a decision approving the environmental impact assessment report, a decision approving the supplemented environmental impact assessment report; a decision approving the environmental protection plan;

 

+ Establishments which have had a decision approving the environmental impact assessment report, when improving, widening, upgrading to be subjects of the formulation of an environmental impact assessment report, of a supplemented environmental impact assessment report but such establishments do not have a decision approving the environmental impact assessment report, a decision approving the supplemented environmental impact assessment report, and at present such improvement, widening, upgrading are completed;

 

+ Establishments which have had a decision approving the environmental protection plan, a registration certificate of environmental protection plan, when improving, widening, upgrading to be subjects of an environmental impact assessment report but such establishments do not have a decision approving the environmental impact assessment report, and at present such improvement, widening, upgrading are completed;

 

+ Establishments which have had one of the following papers: a registration certificate of environmental standard conformity, a registration certification of the environmental protection commitment, a registration certification of the supplemented environmental protection commitment, a written notice on approving registration of the environmental protection commitment, when improving, widening, upgrading to be subjects of the environmental impact assessment report but such establishments do not have a decision approving the environmental impact assessment report, and at present such improvement, widening, upgrading are completed;

 

+ Establishments which have had a decision approving the detailed environmental protection plan, when improving, widening, upgrading to be subjects of the environmental impact assessment report but such establishments do not have a decision approving the environmental impact assessment report, and at present such improvement, widening, upgrading are completed;

 

+ Establishments which have started and are being in the stage of land preparation, or have completed the stage of land preparation and are being in the construction stage but do not have a decision approving the environmental impact assessment report or a decision approving the detailed environmetal protection plan.

 

- Formulation, sending of dossiers requesting for appraisal, approval of a detailed environmental protection plan

 

+ The facility owner being the subject of formulation of a detailed environmental protection plan shall formulate or hire a consultancy service provider to formulate a detailed environmental protection plan in compliance with the structure and contents as prescribed.

 

+ The facility owner shall submit one (01) application for appraisal, approval of the detailed environmental protection plan (under a set form), five (05) sets of the detailed environmental protection plan (under a set form), one (01) detailed environmental protection plan recorded on a CD, and the investment project or a feasibility study report to the competent authority.

 

- Appraisal, approval of a detailed environmental protection plan

 

+ The Standing Body responsible for the appraisal shall inspect the actual environmental protection works of the facility; compile and handle the result; notify the result in writing to the facility owner.

 

+ Time limit for appraisal of a detailed environmental protection plan of the competent authority shall not exceed 45 working days as from the date of receiving a complete and valid dossier set.

 

+ Time limit for approving a detailed environmental protection plan shall not exceed 15 working days as from the date of receiving a complete detailed environmental protection plan.

 

Formulation and registration of simple environmental protection plans

 

- Establishments having the scale, nature equivalent to those subject to the formulation of an environmental protection commitment shall be required for a simple environmental protection plan.

 

+ Establishments which have not had one of the following papers: a registration certification of environmental standard conformity; a registration certification of the environmental protection commitment, a written notice on approving the environmental protection commitment, registration certification of the environmental protection plan;

 

+ Establishments which have had one of the following papers: a registration certificate of environmental standard conformity, a registration certification of the environmental protection commitment, a written notice on approving registration of the environmental protection commitment, a registration certification of the environmental protection plan when improving, widening, upgrading to be subjects to register environmental standard conformity, the environmental protection commitment, the supplemented environmental protection commitment but such establishments do not have a certification of environmental standard conformity or a certification of the environmental protection commitment, a certification of the supplemented environmental protection commitment or a written notice on approving registration of the environmental protection commitment, and at present such improvement, widening, upgrading are completed;

 

+ Establishments which have had a registration certification of the environmental protection plan when improving, widening, upgrading to be subjects of formulation of the environmental protection commitment, of the supplemented environmental protection commitment but such establishments do not have a certification of the environmental protection commitment, a certification of the supplemented environmental protection commitment or a written notice on approving registration of the environmental protection commitment, and at present such improvement, widening, upgrading are completed;

 

+ Establishments which have had a registration certification of the simple environmental protection plan when improving, widening, upgrading to be subjects of formulation of the environmental protection commitment but such establishments do not have a written notice on approving registration of the environmental protection commitment, and at present such improvement, widening, upgrading are completed;

 

+ Establishments which have started and are being in the stage of land preparation, or have completed the stage of land preparation and are being in construction stage but do not have a written notice on approving registration of the environmental protection commitment or a registration certification of the simple environmental protection plan.

 

- Formulation, sending of dossiers requesting for registration of a simple environmental protection plan

 

+ The facility owner being the subject of formulation of the simple environmental protection plan shall formulate or hire a consultancy service provider to formulate a simple environmental protection plan in compliance with the structure and contents as prescribed.

 

+ The facility owner shall submit one (01) application for appraisal, approval of the simple environmental protection plan (under a set form) and five (05) sets of the simple environmental protection plan (under a set form). In case of request of the district-level People’s Committee, the facility owner shall supplement additional simple environmental protection plan with the quantity as required.

 

- Consideration, issuance of a registration certification of a simple environmental protection plan

 

+ The Standing Body responsible for the registration shall examine, consider the plan; organize an inspection delegation to inspect actual environmental protection works of the facility; consult an expert or consult opinions from the relevant district-level People’s Committee; notify the result in writing to the facility owner.

 

+ Time limit for certification of a simple environmental protection plan of the competent authority shall not exceed 30 working days as from the date of receiving a complete and valid dossier set if the facility is located on two district-level administrative units or more; 20 working days if the facility is located on one district-level administrative unit.

 

+ District-level People’s Committee shall issue a registration certification of the simple environmental protection plan (under a set form) to the facility owner.

 

This Circular shall be effective from May 2nd, 2012, supersede Circular No. 04/2008/TT-BTNMT dated September 18th, 2008 of the Ministry of Natural Resources and Environment guiding the formulation and approval or certification of environmental protection plans and the examination and inspection of implementation of environmental protection plans.