THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
 
No. 35/2015/TT-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
 
Hanoi, June 30, 2015
 
CIRCULAR
Providing for the environmental protection of economic zones, industrial parks, export processing zones and hi-tech parks [1]
 
Pursuant to the June 23, 2014 Law on Environmental Protection;
Pursuant to the Government’s Decree No. 99/2003/ND-CP of August 28, 2003, promulgating the Regulation on hi-tech parks;
Pursuant to the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones; and Decree No. 164/2013/ND-CP of November 12, 2013, amending and supplementing a number of articles of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008;
Pursuant to the Government’s Decree No. 80/2014/ND-CP of August 6, 2014, on water drainage and wastewater treatment;
Pursuant to the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on waste and scrap management;
Pursuant to the Government’s Decree No. 21/2013/ND-CP of March 4, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
At the proposal of the Director General of Vietnam Environment Administration and the Director of the Department of Legal Affairs;
The Minister of Natural Resources and Environment promulgates the Circular on the environmental protection of economic zones, industrial parks, export processing zones and hi-tech parks.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular details Articles 65 and 66 of the 2014 Law on Environmental Protection; Point e, Clause 1, and Point e, Clause 2, Article 7; Point c, Clause 1, Article 11; Clauses 1 and 3, Article 29; and Clause 1, Article 34, of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones (below referred to as Decree No. 29/2008/ND-CP); and provisions on environmental protection of economic zones, industrial parks, export processing zones and hi-tech parks at Points a and c, Clause 1, Article 43 of the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on waste and scrap management (below referred to as Decree No. 38/2015/ND-CP).
Article 2. Subjects of application
This Circular applies to state management agencies and domestic and foreign organizations and individuals involved in environmental protection of economic zones; and industrial parks, export processing zones and hi-tech parks (below collectively referred to as industrial parks).
Chapter II
ENVIRONMENTAL PROTECTION OF ECONOMIC ZONES
Article 3. Assessment of the ability to satisfy environmental protection conditions upon establishment or expansion of economic zones
1. The agency proposing the establishment or expansion of an economic zone shall assess the economic zone’s ability to satisfy environmental protection conditions. Assessment contents and results shall be fully presented in the dossier for the establishment or expansion of the economic zone.
2. Assessment contents of the ability to satisfy environmental protection conditions are provided in Appendix 1 to this Circular.
Article 4. Appraisal of the ability to satisfy environmental protection conditions upon establishment or expansion of economic zones
1. Within twenty (20) working days after receiving a written request of the Ministry of Planning and Investment for appraisal of the dossier for the establishment or expansion of an economic zone, the Ministry of Natural Resources and Environment shall appraise the economic zone’s ability to satisfy environmental protection conditions, and notify in writing the appraisal results to the Ministry of Planning and Investment and related agencies for consideration and decision of the establishment or expansion of the economic zone.

 

[1] Công Báo Nos 859-860 (24/7/2015)