| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 140/2006/ND-CP | Hanoi, November 22, 2006 |
DECREE
PROVIDING FOR THE ENVIRONMENTAL PROTECTION AT STAGES OF ELABORATION, EVALUATION, APPROVAL AND IMPLEMENTATION OF DEVELOPMENT STRATEGIES, PLANNINGS, PLANS, PROGRAMS AND PROJECTS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
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. 81/2006/ND-CP of August 9, 2006, on sanctioning of administrative violations in the domain of environmental protection;
At the proposal of the Planning and Investment Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
1. This Decree provides for the environmental protection at stages of elaboration, evaluation, approval and implementation of development strategies, plannings, plans, programs and projects.
2. Development strategies governed by this Decree include national and regional socio-economic development strategies; strategies for nationwide branch or sector development.
3. Development plannings governed by this Decree include overall plannings on socio-economic development of regions (including special territories and key economic regions), provinces and centrally run cities; plannings on nationwide branch or sector development.
4. Development plans governed by this Decree include national, provincial or municipal socio-economic development plans and plans on nationwide branch or sector development.
5. Development programs governed by this Decree mean socio-economic development programs.
6. Development projects governed by this Decree include domestic investment projects and foreign investment projects, specifically as follows:
a/ Projects on construction of national important works ;
b/ Projects involving the partial use of land areas of, or exerting adverse impacts on, natural conservation zones, national parks, historical-cultural relics, natural heritages, scenic places and beauty spots, which have been classified;
c/ Projects which are likely to adversely affect water sources of river basins, coastal areas and areas where the ecosystem is protected;
d/ Projects on construction of infrastructures of economic zones, industrial parks, hi-tech parks, export processing zones, industrial complexes, craft villages;
e/ Projects on construction of new urban centers or population areas;
f/ Projects on large-scale exploitation and use of underground water or natural resources;
g/ Other projects with big latent dangers of exerting adverse impacts on the environment.
The list of projects subject to elaboration of environmental impact assessment reports is provided for in 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.
Article 2.- Subjects of application
This Decree applies to Vietnamese agencies, organizations and citizens and foreign organizations and individuals residing in the territory of the Socialist Republic of Vietnam and conducting activities related to the elaboration, evaluation, approval and implementation of development strategies, plannings, plans, programs and projects.
If a treaty to which the Socialist Republic of Vietnam is a contracting party contains different provisions, the provisions of that treaty prevail.
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