| THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 05/2008/TT-BTNMT | Hanoi, December 8, 2008 |
CIRCULAR
GUIDING STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION COMMITMENT
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the Government's Decree No. 80/ 2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection;
Pursuant to the Government s Decree No. 81/2007/ND-CP of May 23, 2007, providing for specialized environment protection organizations and sections in charge of environmental protection in state agencies and slate enterprises;
Pursuant to the Government's Decree No. 21/2008/ND-CP of February 28, 2008, amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection;
Pursuant to the Government's Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
The Ministry of Natural Resources and Environment guides the implementation of a number of provisions on strategic environmental assessment, environmental impact assessment and environmental protection commitment as follows:
I. GENERAL PROVISIONS
1. Scope of regulation
1.1. This Circular guides in detail the implementation of a number of provisions on strategic environmental assessment, environmental impact assessment and environmental protection commitment provided for in the November 29, 2005 Law on Environmental Protection (below referred to as the Law on Environmental Protection), the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 80/2006/ND-CP) and Decree No. 21/2008/ND-CP of February 28,2008, amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 21/2008/ND-CP), covering:
a/ Elaboration and appraisal of strategic environmental assessment reports;
b/ Elaboration, appraisal and approval of environmental impact assessment reports and additional environmental impact assessment reports; implementation, examination and certification of the implementation of environmental impact assessment reports, additional environmental impact assessment reports and satisfaction of other requirements set in approving decisions;
c/ Elaboration, registration and certification of environmental protection commitment documents;
d/ Examination and reporting on the appraisal and approval of environmental impact assessment reports and certification of environmental protection commitment documents.
1.2. This Circular does not apply to projects which have been put into operation (below referred to as operating establishments), including those which have operated since before July 1. 2006, and have not implemented regulations on elaboration, appraisal and approval of environmental impact assessment reports or regulations on elaboration, registration and certification of environmental standard conformity registration documents.
1.3. Strategies, plannings, plans and projects in the domain of security and defense and those involving national secrets are guided in other documents.
2. Subjects of application
This Circular applies to state agencies, domestic organizations and individuals; foreign organizations and individuals (below collectively referred to as organizations and individuals) carrying out activities specified at Point 1.1, Section 1, Part I of this Circular.
3. Application of environmental standards and regulations
When elaborating environmental impact assessment reports or environmental protection commitment documents for their projects, project owners are required to apply Vietnam's compulsory environmental standards and national technical regulations and compulsory environmental standards and regulations under treaties to which Vietnam is a contracting party.
II. ELABORATION AND APPRAISAL OF STRATEGIC ENVIRONMENTAL ASSESSMENT REPORTS
1. Elaboration of strategic environmental assessment reports
1.1. The agency assigned to formulate a project subject to elaboration of a strategic environmental assessment report specified in Article 14 of the Law on Environmental Protection (below referred to as the project owner) shall set up a working team of environmental experts and scientists who possess professional qualifications relevant to the project's content and characteristics or hire a capable consultancy organization to carry out strategic environmental assessment and elaborate a strategic environmental assessment report of the strategy, planning or plan.
1.2. Strategic environmental assessment reports must have the form and contents as prescribed.
2. Sending of dossiers of request for appraisal of strategic environmental assessment reports
2.1. Project owners shall send dossiers of request for appraisal of strategic environmental assessment reports to appraising agencies specified in Clause 7, Article 17 of the Law on Environmental Protection.
2.2. A dossier of request for appraisal comprises:
a/ 01 (one) written request for appraisal of the strategic environmental assessment report;
b/ 09 (nine) copies of the project's strategic environmental assessment report, each bound into a volume bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet;
c/ 09 (nine) copies of the draft strategic document, each planning or plan, bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet.
If the appraisal council has more than nine (09) members or in other necessary cases as required by the appraisal, the project owner shall provide more copies of the strategic environmental assessment report and the draft strategic document, planning or plan as requested by the appraising agency.
3. Appraisal of strategic environmental assessment reports
3.1. The agency competent to appraise strategic environmental assessment reports shall designate a subordinate specialized unit to act as the appraisal council's standing body.
3.2. The organization and operation of a council for appraisal of the strategic environmental assessment report; and tasks of its standing body comply with the Regulation issued by the Minister of Natural Resources and Environment.
3.3. After receiving a complete and valid dossier which is qualified for appraisal, the appraising agency shall set up a council to appraise the strategic environmental assessment report; the number of members of the appraisal council shall be decided in pursuance to Clauses 2, 3 and 4, Article 17 of the Law on Environmental Protection, the project's characteristics and scope and environmental requirements, but must be at least 09 (nine).
3.4. The time limit for appraisal is specified in Clauses 1 and 2, Article 12 of Decree No. 80/ 2008/ND-CP.
4. Responsibilities of agencies organizing the appraisal of strategic environmental assessment reports:
4.1. To notify in writing the project owner of the appraisal results within 5 (five) working days after the end of the working session of the appraisal council. The notice must clearly state that the strategic environmental report is approved without requiring any adjustments or supplements or is disapproved and must be re-submitted for approval or is approved if it is adjusted or supplemented, together with adjustment or supplementation requirements for the report and recommendations concerning the adjustment of the contents of the draft strategic document, planning or plan (if any).
4.2. To examine the strategic environmental report after it is adjusted or supplemented by the project owner.
4.3. To report to the agency competent to approve the project on the results of appraisal of the strategic environmental assessment report as prescribed in Clauses 3 and 4, Article 10 of Decree No. 80/2006/ND-CP, within 10 (ten) working days after the receipt of a complete and valid dossier as prescribed at Point 5.2, Section 5, Part II of this Circular. The report on the results of appraisal of a strategic environmental assessment report shall be made in writing, containing also comments and recommendations of the appraising agency, enclosed with copies of the minutes of the appraisal councils' working sessions, expressing the sessions' contents and conclusions and the signatures of the appraisal council's chairman and secretary, and a copy of the project owner's written explanations about the adjustments or supplements, already made, for cases in which the strategic environmental assessment report must be adjusted or supplemented at the request of the appraising agency.
5. Responsibilities of the project owner
5.1. To finalize the strategic environmental assessment report at the request of the appraising agency in case the strategic environmental assessment report will not be approved by the appraisal council unless it is adjusted or supplemented (where the strategic environmental assessment report is disapproved by the appraisal council, the project owner shall adjust and send once again the report to the agency competent to appraise the report according to regulations); to adjust the draft strategic document, planning or plan on the basis of recommendations of the appraising agency in conformity with environmental protection requirements set in the adjusted or supplemented strategic environmental assessment report.
5.2. To send to the appraising agency a dossier comprising 01 (one) adjusted draft strategic document, planning or plan, 02 (two) hard copies and 01 (one) soft copy recorded in a CD of the finalized strategic environmental assessment report and written explanations about the adjustments or supplements.
