THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 21/2008/ND-CP

Hanoi, February 28, 2008

 

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 80/2006/ND-CP DATED AUGUST 9, 2006, DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON ENVIRONMENTAL PROTECTION

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 June 29, 2006 Law on Standards and Technical Regulations;

At the proposal of Minister of Natural Resources and Environment;

DECREES:

Article 1.

- To amend and supplement a number of articles of the Government's Decree No. 80/2006/ND-CP dated 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).

1. To amend and supplement Article 4 as follows:

Article 4.

- Transitional provisions, review and conversion of environmental standards into environmental technical regulations.

1. Environmental standards announced by the State for compulsory application shall be converted into environmental technical regulations as follows:

a/ Standards of surrounding environment quality shall be converted into technical regulations on surrounding environment quality;

b/ Standards of waste shall be converted into technical regulations on waste.

2. The Ministry of Natural Resources and Environment shall review and convert national standards of surrounding environment quality and national standards of waste promulgated before January 1, 2007, into national technical regulations on surrounding environmental quality and national technical regulations on waste.

3. The review and conversion of standards of surrounding environment quality and standards of waste into technical regulations on surrounding environment quality and technical regulations on waste shall be conducted in accordance with the current provisions of law on standards and technical regulations.

2. To amend and supplement Article 5 as follows:

Article 5.

- Responsibilities, order and procedures for formulation, promulgation and stipulation of application of environmental technical regulations.

1. The Ministry of Natural Resources and Environment shall formulate and promulgate national technical regulations on surrounding environment quality and national technical regulations on waste and stipulate roadmaps and coefficients for application of national technical regulations on waste for regions, areas and sectors.

2. Provincial-level People’s Committees shall formulate and promulgate local technical regulations on waste to suit their local characteristics.

Local technical regulations on waste must be stricter than national ones and be applied according to corresponding roadmaps and coefficients of regions, areas or sectors prescribed in decisions promulgating national technical regulations on waste.

3. The order and procedures for formulation, evaluation and promulgation of environmental technical regulations comply with the provisions of law on standards and technical regulations.

4. Organizations and individuals are obliged to observe technical regulations on surrounding environment quality and technical regulations on waste promulgated by competent state agencies.

3. To amend and supplement Clause l of Article 6 as follows:

"1. To replace the list of projects subject to making of environmental impact assessment reports included in Appendix I to Decree No. 80/2006/ND-CP with the list included in the Appendix to this Decree.

For projects subject to making of environmental impact assessment reports emerging outside the list included in the Appendix to this Decree, the Minister of Natural Resources and environment shall consider, decide and report them to the Prime Minister."

4. To add the following Article 6a:

Article 6a.

- Consultation of commune, ward or township People’s Committees and community representatives in the process of making environmental impact assessment reports.

1. Commune, ward or township Fatherland Front Committees (below referred to as commune-level Fatherland Front Committees) shall represent communities in contributing opinions in the process of making environmental impact assessment reports of investment projects in their localities.

2. The project owner shall send a document on the project's major investment items, environmental issues and environmental protection measures and request the commune-level People's Committee and Fatherland Front Committee of the place where the project is to be executed to give opinions.

3. Within fifteen (15) working days after receiving a written request for opinions, commune-level People's Committee and Fatherland Front Committee shall give their opinions in writing and make them public to local people.

Past this time limit, if they issue no written replies, the commune-level People's Committees and community representatives shall considered having agreed with the project owner.

4. Consultation of commune, ward or township People's Committees and representatives of communities in the process of making environmental impact assessment report is not required for the following projects:

a/ Investment projects located within industrial parks, export processing zones or hi-tech parks, if the projects on construction of infrastructure of these industrial parks, export processing zones or hi-tech parks have had their environmental impact assessment reports approved by competent state agencies.

If the environmental impact assessment reports of projects on construction of infrastructure of these industrial parks, export processing zones or hi-tech parks were approved after July l, 2006 inspection and certification by a competent state agency in charge of environmental protection of the strict implementation of the environmental protection contents of the approval decision and environmental impact assessment report is required.

b/ Projects in a sea area for which the administrative management responsibility of a commune People's Committee cannot be identified for consultation in the course of making environmental impact assessment reports;

c/ Investment projects in the domain of security or defense involving national secrets.

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