Circular 27/2015/tt-Btnmt: On Strategic Environmental Assessment, Environmental Impact Assessment And Environmental Protection Plan

Original Language Title: Thông tư 27/2015/TT-BTNMT: Về đánh giá môi trường chiến lược, đánh giá tác động môi trường và kế hoạch bảo vệ môi trường

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CIRCULAR On strategic environmental assessment, environmental impact assessment and environmental protection plan _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection on June 23, 2014;
Pursuant to Decree No. 18/2015/ND-CP dated 14 February 2015 the Government's regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Proposal of the General Director of the Department of the environment and Director of the legislation;
The Minister of natural resources and the environment issued a circular regulating the strategic environmental assessment, environmental impact assessment and environmental protection plan.
Chapter I GENERAL PROVISIONS article 1. Scope this circular detailing the execution point c paragraph 1 Article 32 of law on environmental protection in 2014; Clause 5 article 8, paragraph 7 article 12, paragraph 4 and Paragraph 6 article 14, paragraph 2 article 16, paragraph 4 Article 17, paragraph 5 article 19 and article 21 paragraph 4 of Decree 18/2015/ND-CP dated 14 February 2015 the Government's regulations on environmental protection planning, strategic environmental assessment , environmental impact assessment and environmental protection plan (hereinafter referred to as the decree number 18/2015/ND-CP).
Article 2. The object that applies to this circular apply to agencies, organizations, individuals with activities related to strategic environmental assessment, environmental impact assessment and environmental protection plan.
Chapter II REVIEWS the ENVIRONMENT Strategy 3. Implement strategic environmental assessment 1. The Agency was tasked to build strategic, planning, plans to list the objects must implement strategic environmental assessment provisions in Appendix I attached to Decree No. 18/2015/ND-CP is responsible for setting, send the proposal evaluation report of strategic environmental assessment as stipulated in paragraph 2 article 8 of Decree 18/2015/ND-CP. the proposal evaluation report strategic environmental assessment submitted directly or by post to the agency assessment, including: a) A (01) suggested writing appraisal reports strategic environmental assessment follow the form prescribed in annex 1.1 of this circular;
b) nine (9) environmental assessment report strategy and nine (9) the draft strategy, planning, planning. The case of the number of Board members appraise more than nine (9) people, the Agency was tasked to build strategic, planning, the plan must provide a number of additional environmental assessment report strategy. Forms of cover, extra cover page and ask about the structure and contents of environmental assessment report implementation strategy according to the template specified in the respective Annex 1.2 and 1.3 of this circular.
2. where the adjustment of strategy, planning, plan prescribed in clause 4 Article 8 of Decree 18/2015/ND-CP: a) the Agency established the strategy, planning, plans to submit to the Ministry of natural resources and the environment a (01) the text explanation of the content of the adjustment strategy, planning, planning and environmental issues associated with a (01) draft strategic adjustment , planning, plan;
b) within twenty (20) working days, the Ministry of natural resources and environment is responsible for the review, the written comments sent the Agency established the strategy, planning, planning and approval agencies, planning, strategic plan.
Article 4. Evaluation of the environmental assessment report strategy 1. The evaluation of the environmental assessment report implementation strategy adopted by the heads of authority or agency heads established evaluation with the structure, the composition defined in item 1 article 10 of Decree 18/2015/ND-CP DATED. 2. Activities of the Council of the appraisal report strategic environmental assessment provisions in chapter V of this circular.
3. The time limit for the evaluation report strategic environmental assessment prescribed in clause 4 Article 10 of Decree 18/2015/ND-CP; case records are not complete, valid, within a maximum of five (5) working days from the date of application, assigned in writing notified the agency sent the proposal evaluation report reviews the strategic environment to know, complement, perfection.
Article 5. Acquire comments and evaluation report evaluation results reported strategic environmental assessment 1. The Agency was tasked to build strategic, planning, planning is responsible for the research, receiving the opinion of the authority and return key: a) A (01) explanatory text about receiving the opinion of the Council on the evaluation of environmental assessment report implementation strategy according to the form prescribed in annex 1.4 this circular;
b) A (01) the report strategic environmental assessment attached a recorded on CD; one (1) of the draft strategy, planning, plans have been finalized on the basis of research, receiving the opinion of the authority.
2. Within a period of not more than fifteen (15) working days from the date of the environmental assessment report completed strategy on the basis of research, receiving comments authority by the Agency was tasked to build strategic, planning, plans to submit to the Agency, appraisal report of strategic environmental assessment responsibility report approved by the authorized Browse strategy, planning, planning of assessment results reported strategic environmental assessment according to the form prescribed in annex 1.5 this circular.
Chapter III REVIEWS the ENVIRONMENTAL IMPACTS article 6. Recommended records appraisal reports environmental impact assessment project of the objects specified in clause 5 Article 33 of law on environmental protection in 2014 and clause 1 article 12 of Decree 18/2015/ND-CP is responsible for setting, send the competent authorities appraise the report of environmental impact assessment provided for in article 14 paragraph 1 of Decree 18/2015/ND-CP. preliminary evaluation of proposals include: 1. One (1) text proposed evaluation report of environmental impact assessment carried out according to the model specified in annex 2.1 of this circular.
2. Seven (7) a report assessing the environmental impact of the project. The case of the number of Board members appraise more than seven (7) people, the project owner must provide a number of additional reports evaluating the impact on the environment. Forms of cover, extra cover page and ask about the structure and content of the report reviews the environmental impact follow the corresponding model provisions in the Appendix 2.2 and 2.3 of this circular.
3. One (1) feasibility study report or report of investment projects or other equivalent documentation.
Article 7. Consultation in the process of environmental impact assessment 1. Project owners must perform the consultation prescribed in paragraphs 4, 5 and 6 article 12 of Decree 18/2015/ND-CP DATED. 2. The text of the project owners submit comments consultations please follow the form prescribed in Appendix 2.4 to this circular.
3. The text of the reply, the Organization was of the opinion, please consult following form prescribed in Appendix 2.5 to this circular.
4. consultation meeting minutes community impact directly by the project follow the form prescribed in Appendix 2.6 to this circular.
5. During the consultations, the project owner is responsible for ensuring consultation opinion text accompanying the report of environmental impact assessment to be submitted to the Agency, the organisation was consulted.
6. The time limit for reply in writing to the Agency, the organisation was consulted for a maximum of fifteen (15) working days from the date of receipt of the opinion, please consult the projects.
7. The case of the project in two (2) or more, the Township project owners are choosing the form of consultation meetings community impact directly by each project commune or commune.
Article 8. The evaluation report of environmental impact assessment 1. The evaluation report of environmental impact assessment is done through the authority, except in the case prescribed in clause 5 article 14 of Decree 18/2015/ND-CP DATED. 2. The time limit for the evaluation report of environmental impact assessment specified in clause 2 article 14 of Decree 18/2015/ND-CP; case records are not complete, valid, within a maximum of five (5) working days from the date of the application, the Agency must have a written appraisal for Project Server notifications.
3. In the course of the evaluation, the evaluation is conducted the following activities: a) survey, verify the information, the data on the current state of the environment in the project location and neighboring areas;
b) verifiable analysis sampling;
c) organized the expert opinions, social organization, social-professional organization criticizing the content of the report on environmental impact assessment;
d) hosted the meeting as special subject.
4. Activities of the Council of the appraisal report of environmental impact assessment made under the provisions of chapter V of this circular.
Article 9. Approval of the report on environmental impact assessment 1. After the review of the environmental impacts have been assessed with the result through editing, addition or through the condition to edit, add, and project server sends the profile assigned to recommend approval of the report on environmental impact assessment , including: a) A (01) text recommended to approve the report on environmental impact assessment, which clearly explain the content has been edited and supplemented by the conclusion of the authority, except not edit, Supplement;
b) report reviews the environmental impact be closed book paperback hard, project owners signed on the bottom of each page report including appendices (except the cover follow the form prescribed in annex 2.2 to this circular) with the amount of enough to send to the address specified in paragraph 3 article 9 of this circular includes a (01) CD on which contains a text file (01) tail format electronic. "doc" contains the contents of the report and one (1) electronic text file format ".pdf" contain content scanned (scan) the entire report (including appendices).
2. After receiving the proposal approval record reports of environmental impact assessment due to home projects, assessment agencies are responsible for:

a) within twenty (20) working days from the date of the proposal approval record reports of environmental impact assessment, heads or head of agency evaluation decision approving the report on environmental impact assessment according to the form prescribed in Appendix 2.7 to this circular and confirmed on the back side of the cover-page report reviews the impacts the environment has been approved according to the form prescribed in annex 2.8 this circular;
b) cases not yet eligible for approval or not approval must have text stating the reason within ten (10) working days from the date of the proposal approval record reports of environmental impact assessment.
3. valuation agency reports environmental impact assessment submitted the decision of approval and review of environmental impact after confirming to project owners and agencies involved, in particular the following: a) for the report on environmental impact assessment in the evaluation of organizational competence the approval of the Ministry of natural resources, and the environment: send the approval decision report of environmental impact assessment to the provincial people's Committee, where implementation of the project;
b) with respect to the report on environmental impact assessment in the evaluation of organizational authority, approval of the ministries, ministerial-level agencies: submit the decision for approval to the Ministry of natural resources and the environment, sending the decision to approve the attached report environmental impact assessment to the provincial people's Committee where the project , except for projects in the scope of the State secrets defense, security;
c) for the review of the environmental impact assessment under the authority of the provincial people's Committee: send the decision approving the report on environmental impact assessment to the Ministry of natural resources and the environment, the people's Committee at district level, the social level of people's committees where implementation of the project; send the attached approval decision report environmental impact assessment to the Department of natural resources and the environment and to the management of industrial region in the case of projects in the industrial area.
4. After receipt of the decision approving the report on environmental impact assessments by ministries, ministerial agencies submitted to the provincial people's Committee, exemplify and sent to the Department of natural resources and the environment, the people's Committee at district level, the social level of people's Committee where the implementation and management of industrial parks for projects implemented in the industrial zone.
Article 10. The responsibility of the project after reports of environmental impact assessment approved 1. Make the content of the provisions of article 16 of Decree 18/2015/ND-CP DATED. 2. Environmental management plan on the basis of program management and monitoring environment proposed in the report of environmental impact assessment approved; case of change management programs and environmental monitoring to updated environmental management plan and submit to the people's Committee of social level as specified in Paragraph 3 of this article. Forms of cover, extra cover page and ask about the structure, content, follow the corresponding model provisions in the annex 2.9 and 2.10 of this circular.
3. environmental management plan Submitted to the people's Committee of social level where were consulted in the process of environmental impact assessment to be listed before construction. Sample text of the project sent to township-level people's committees listed environmental management plan to comply with the provisions of annex 2.11 of this circular.
4. Announced plans to operate the testing of waste treatment facilities to the Organization has conducted consultations and approval agency reports environmental impact assessment according to the form prescribed in annex 2.12 this circular; test operators waste disposal works simultaneously with the process of operating the test project. The case caused environmental problems, they must stop the test activities and report promptly to the State Agency has the authority to settle instructions; responsible for troubleshooting environment, compensation prescribed by the law.
5. where the economic zones, industrial zones, export processing zones, high-tech zones, clusters, business area, the service focus of receiving inappropriate investment projects of industries attracting investment in environmental impact assessment approved by the project to build the infrastructure but not to the extent of having to repeat the report environmental impact assessment regulation in point c of paragraph 1 article 15 of Decree 18/2015/ND-CP, the investor of the project to build the infrastructure must have written explanation submitted the Agency has approved the report on environmental impact assessment and only perform the procedure of receiving the opinion, after investment approved in writing by the Agency has approved the report on environmental impact assessment.
6. in case of a change project, a new project owners have a responsibility to continue implementing the report on environmental impact assessment was approved.
Article 11. Authorization for the Board of management of industrial appraisal, approval of the report on environmental impact assessment 1. The provincial people's Committee is authorized for management of industrial appraisal, approval of the report reviews the environmental impact when the Management Board has established industrial environmental management and has enough payroll from five (5) persons with expertise on the protection of the environment.
2. The authorization provided for in Paragraph 1 of this article applies only in respect of projects under appraisal, approval of the assessment report on the environmental impact of the provincial people's Committee to invest in the industrial zone was approved by the assessment report on the environmental impact of the project infrastructure construction , has completed construction of the waste water treatment station or competent authority confirming completion of environmental protection under the provisions of the law.
3. provincial people's Committee has the responsibility to send the text to the Ministry of natural resources and the environment please comments about appraisal authorization, approval of the report reviews the environmental impact according to the form prescribed in annex 2.13 of this circular. Within fifteen (15) working days, the Ministry of natural resources and environment is responsible for answering people's Provincial Committee in writing.
4. On the basis of the opinion approved by the Ministry of natural resources and the environment, the provincial people's Committee authorized for management of industrial appraisal, approval of the report reviews the environmental impact by the decision according to the form prescribed in annex 2.14 of this circular.
5. Management of industrial parks is responsible for performing the work in authorized range with the role of the provincial people's Committee in the evaluation report, approving the environmental impact assessment regulation in the 2, 3, 4 and 5 article 14 of Decree 18/2015/ND-CP; perform periodic reporting to the provincial people's Committee; subject to the checks, the instructions of the provincial people's Committee and the Department of natural resources and the environment in accordance with the law.
Chapter IV inspection CONFIRMED the ENVIRONMENTAL PROTECTION WORK SERVING the OPERATION PHASE of the PROJECT on article 12. Report the results of the environmental protection work serving the operating period of the project 1. The project owner of the objects specified in column 4 Appendix II of Decree 18/2015/ND-CP must file reports the results of the environmental protection work serving the operating period of the project and submit approved bodies to report environmental impact assessment to be checked review certificate level, as specified in paragraph 6 article 16 of Decree 18/2015/ND-CP DATED. 2. The report records the results of the environmental protection work to serve operational phase of the project include: a) A (01) suggested text check, confirm completion of the environmental protection work carried out according to the model specified in annex 3.1 of this circular;
b) One (1) copy of the decision to approve the attached copy of the report reviews the environmental impact of the project has been approved;
c) seven (7) reports the results of the environmental protection work to serve operational phase of the project to follow the form prescribed in Appendix 3.2 to this circular. Projects located in two (2) province, central cities, the project owner must send more the number reported by the number the further increase to service inspection.
3. where the project has many investment divergence or the independent category, the owner of the project is to profile reports the results of the environmental protection work to serve operational phase for each investment or divergence for each category of independent projects with the condition has completed the environmental protection work serving the operating period for each investment or divergence for each category independently of the project.
4. the approved project assessment report on the environmental impact according to the provisions of the environmental protection Law of 1993 or the law of environmental protection in 2005 but not in the category specified in column 4 Appendix II of Decree 18/2015/ND-CP, the owner of the project is to profile disclaimer report the results of the environmental protection work serving the stage operation of the project.
Article 13. Check the environmental protection work serving the operation phase of the project 1. The inspection of environmental protection works in service operating period of the project was carried through by the test group heads approved the report on environmental impact assessment or authorized agency (hereinafter referred to as the Agency) established. The decision established the delegation checked the implementation of the environmental protection work serving the operating period of the project implementation according to the form prescribed in annex 3.3 of this circular.
2. The composition of the delegation examined include: public officials of the Agency and the experts on the environment, the field related to the project with the structure include: head of the delegation, one (01) Deputy Head of the Union in case of need, a (1) Secretary and some members.
3. the test case works to protect the environment of service operation phase of the project, not by the Department of natural resources and the environment implementation, in addition to the part prescribed in clause 2 of this, in the test group also represents the Department of natural resources and the environment where the execution of the project.

4. a case report of environmental impact assessment of the projects approved under the authority of the provincial people's Committee, in addition to the part prescribed in clause 2 of this, heads check decided to invite the representatives of professional bodies on the protection of the environment at district level where the project to join the test group.
Article 14. The working principle of the test the 1. The test group to work according to the principle of public discussion among members and between members to represent the project in meetings and in the process of testing the reality of environmental protection works were done.
2. The reality check of environmental protection works of the project are conducted when: a) the involvement of at least two thirds (2/3) the number of crew members to check, which must have the head of the delegation (or the Deputy Head of the delegation when the Proxy Group Chief) and Secretary of the delegation test;
b) the participation of the competent representative of the project.
Article 15. The responsibilities and powers of the members of the test group 1. General powers and responsibilities of the members of the delegation test: a) the profile study suggest check, confirm the completion of the environmental protection work to serve operational phase of the project;
b) participated in the meetings of the audit and the activity reality check the completion of the environmental protection work of the project;
c) dialogue with the project on the environment protection work has been done in the project reality check process;
d) write a comment, reviews the implementation of the environmental protection work according to the form prescribed in Appendix 3.4 of this circular sent protagonist check (via the Secretariat) to synthesize; responsible before the law about the remarks, reviews;
DD) manage the documents provided under the provisions of the law and return when required by the Agency to conduct the test after completing the mission;
e) Are entitled to compensation under the provisions of the current law during the actual test.
2. The responsibilities and powers of the Secretary of the delegation test: in addition to the responsibilities and powers specified in paragraph 1 of this article, the Secretariat is also examining the delegation of responsibility and authority: a) contact project owners, crew members check, the organizations and individuals involved to arrange a schedule of the work of the inspection group;
b) General comments, reviews of the inspection and crew members reported the head of the delegation;
c) draft check the completion of the environmental protection work of the project.
3. Deputy Head of the inspection Division has responsibility and authority of the members of the delegation the provisions in clause 1 of this article and of the head of the delegation test prescribed in paragraph 4 of this Article in case of authorized Group Leader to be.
4. responsibility and authority of the head of the delegation test: in addition to the responsibilities and powers specified in paragraph 1 of this article, the head of the delegation check also the responsibility and authority of the following: a) General responsibility on the operation of the test group;
b) assigned the task to check group membership;
c) host and Executive meetings of the delegation test;
d) presided over the handling of the recommendations of the group members examine, project owners and representatives of the agencies involved in the process of checking the reality and draw conclusions;
DD) in the case of need, decide the measurement, sampling, analysing the environmental targets of the waste before release to verify in accordance with the current legislation.
Article 16. The content and form of expression results checking the environmental protection work serving the operating period of the project 1. The test results, the environmental work of the project must be expressed in the form of a check made in the form prescribed in annex 3.5 of this circular.
2. the content of the report on the check must be objective, honest about the reality of environmental protection works were performed on the reality at the time of check out.
3. in the end of the inspection, the test records must be head of delegation check (or Deputy head delegation checked in case be authorized Inspection Division Chief), Secretary to the delegation checked and authorized representative of the owner of the project signed on each page, and specify the name, title in the last page.
Article 17. Level completion certificate for environmental protection 1. On the basis of the test results, the case of the environmental protection work to serve operational phase of the project was to be built consistent with the report of environmental impact assessment approved and accepted to allow adjustment, change the Agency's approval of the report on environmental impact assessment (if any) , within the time limit specified in paragraph 2 article 17 of Decree 18/2015/ND-CP, the Agency examined the level completion certificate for environmental protection service operating period of the project. The case of the environmental protection work to serve operational phase of the project has not met the requirements, within a period of five (5) working days from the date of the end of the inspection, the inspection agency has notified in writing to the project owner.
2. the project Owners have a responsibility to fix the problem also exists for environmental protection work to serve operational phase of the project and report compliance to be reviewed, confirmed. Inspection agency responsible for review, certification level or have text answers project within five (5) working days.
3. certificate Form completed environmental protection work to serve operational phase of the project defined in annex 3.6 of this circular.
Chapter V ASSESSMENT BOARD ENVIRONMENTAL ASSESSMENT REPORT, the EVALUATION STRATEGY REPORTING ENVIRONMENTAL IMPACT ASSESSMENT Article 18. Composition and working principle of authority environmental assessment report, the evaluation strategy reporting environmental impact assessment 1. The Council assessed the environmental assessment report, the evaluation strategy the report reviews the impact of the environment (hereinafter referred to as the authority) was established for each environmental assessment report strategy, each report reviews the environmental impact according to the form prescribed in annex 4.1 of this circular.
2. Authority responsible for advising the heads or head of agency evaluation; responsible before the law and before the Agency for the evaluation of the outcome evaluation.
3. Authority to work according to the principle of public discussion among the members of the Council, between the authority Agency is tasked with building the strategy, planning, plan or project owner (hereinafter referred to as project owner).
4. The activities of the Authority implemented through permanent bodies according to the evaluation function, the tasks to be assigned to the authority. Responsibilities of permanent evaluation body specified in article 25 of this circular.
Article 19. The conditions, the criteria for the position of authority 1. Chairman or Vice Chairman is an expert or expert environment in the field of expertise of the project with at least seven (7) years experience if Bachelor, at least five (5) years of experience if got a master's degree, at least three (3) years of experience if got Ph.d. , or is the leader of the appraisal or valuation of permanent bodies.
2. The Commissioner is criticizing the environmental specialist or expert in the field of expertise of the project with at least seven (7) years experience if Bachelor, at least five (5) years of experience if got a master's degree, at least three (3) years of experience if got doctorate.
3. Member of the Secretariat must be the servant of a permanent agency evaluation.
4. the Commissioner shall be a family environment or in specialist areas of expertise related to the project with at least three (3) years of experience if got a degree, at least two (2) years of experience if got a master's degree, at least one (1) year of experience if got doctorate.
Article 20. The responsibility of the Commissioner of the Council 1. Review the environmental assessment report, the report reviews the environmental impact and the records and documents pertaining to permanent agency evaluators provide.
2. Attend the meetings of the authority, conferences, seminars, activities, census survey held in the process of evaluating the environmental assessment report, the report reviews the environmental impact according to the layout of the permanent agency evaluation.
3. Written report serves the evaluation report reviews the environment strategy, the report reviews the environmental impact according to the assignment of permanent evaluation Agency.
4. Write a review of the environmental assessment report, the report reviews the environmental impact according to the form prescribed in annex 4.2 of this circular sent permanent agency evaluators before the session of the Council of the official evaluation of at least one (1) working day; presenting a comment in the official sessions of the authority.
5. Write the vote report evaluation strategy environmental assessment, the report reviews the environmental impact according to the form prescribed in annex 4.3 to this circular.
6. Written comments of the report reviews the environment strategy, the report reviews the environmental impact has been editing project home, following official session Supplement of authority when required in writing by the permanent agency evaluation.
7. Management of documentation is provided under the provisions of the law and return these documents upon request of a permanent agency evaluation after the completion of the task.
8. the responsible bodies and evaluation before the law about the remarks, reviews given to the environmental assessment report, the report reviews the environmental impact and the content of the work is assigned in the evaluation process.
Article 21. Powers of Commissioner 1. Council members have the following rights: a) require a permanent agency evaluators provide the documents related to the proposed evaluation profile to research, reviews;
b) require a permanent agency to assess the Organization of meetings, symposia and other activities to directly serve the evaluation;

c) attend the meetings of the authority; participation in conferences, seminars and other activities to directly serve the evaluation according to the layout of permanent evaluation Agency;
d) direct dialogue with project owners and consultants reporting strategic environmental assessment, the report reviews the environmental impact at the session of the authority; reserved comments in case other comments with the conclusion of the authority.
2. remuneration under current financial mode when performing the task; was the payment of travel expenses, accommodation and other costs according to the provisions of the law by participating in the activities of the authority.
Article 22. The responsibilities and powers of the President of the Council, Vice-President of the Council, Commissioner of review 1. Chairman of the Board has responsibilities and powers of the Commissioner specified in articles 20 and 21 of this circular and is also responsible for the following powers: a) the meetings of the authority;
b) handle the comments stated in the meeting of the Council of the evaluation and the conclusions of the meetings of the authority;
c) Signed the minutes of the meeting and the responsible agency for evaluation and before the law about the conclusions given in the meetings of the authority.
2. The Vice President of the Council has responsibilities and powers of the Commissioner specified in articles 20 and 21 of this circular and of the President of the Council in the case are Chairman of the authorizations.
3. Review Commissioners have responsibility and powers specified in the paragraph 1, 2, 3, 5, 6, 7 and 8 article 20 and article 21 of this circular; written comments on the contents of the report reviews the environment strategy, the report reviews the environmental impact according to the template specified in the respective Annex 4.4 and 4.5 of this circular.
Article 23. The responsibilities and powers of the Commissioner of the Secretariat Beyond the responsibility and powers of the Commissioner specified in articles 20 and 21 of this circular, Member of the Secretariat also has the following powers and responsibilities: 1. To provide a sample evaluation form and review the report strategic environmental assessment the report reviews the environmental impacts for the assessment Board members.
2. Report the Chairman of the Council of the existence of records on the basis of self study and sum up the opinions of the members of the Board evaluation.
3. Information for the Council of appraisal comments received by the assessment Board members do not attend official sessions of the authority and the written opinions of the Department of natural resources and the environment submitted a permanent evaluation body (if any).
4. Write and sign the minutes of the meetings of the authority; responsibility for the adequacy, honest content minutes of the meetings of the authority.
5. File proof of service with the payment of the operation of the authority.
6. Perform other duties serving for the operation of the authority at the request of permanent evaluation Agency.
Article 24. The responsibility and authority of Board members representing the Department of natural resources and the environment join authority by the ministries, ministerial agencies established Outside the responsibility and authority of the respective Board members with specific titles in the Council, the members of the Board is to represent the Department of natural resources and the environment to join the Council of appraisal by the Ministry of Ministerial agencies, founded also the responsibility and authority of the following: 1. Collect, give the authority the information and documents related to the strategy, planning, plans and projects; responsible for the information, the document provides for the authority.
2. in the case of non-participation in the activities of the authority, was authorized in writing for the participating agencies together with the responsibilities of their respective powers, in the Council.
Article 25. The responsibility of a permanent agency appraisal 1. Draft decision on establishment of the authority, the assessment agency heads to review the decision.
2. contact, suggested the project to provide additional documents in the case and sent to the members of the Board evaluation within five (5) working days from the date of the decision to establish authority.
3. Collect, provide the information related to the strategy, planning, plan, project for the authority.
4. The organization of meetings of the authority and of the activities specified in paragraph 3 article 10, Decree No. 18/2015/ND-CP and paragraph 3 article 8 of this circular.
5. reporting and evaluation results to the requirements related to the complete record appraisal in time not to exceed five (5) working days after the end of the last evaluation meeting of the authority. Content of the notice must specify one (1) of the following State of the outcome evaluation: through editing, additional; through with the right conditions, additional editing; not through.
6. your content organization report environmental assessment strategy, the report reviews the environmental impacts after the edit project owners, Supplement; send text to suggest some members of the Board continued to assess comments received on the report, strategic environmental assessment reports on environmental impact assessment in case of need.
7. The draft text of the report evaluation results reported strategic environmental assessment of the strategy, planning, plan or decide to approve the assessment report on the environmental impact of the project the authority to review the decision.
8. Estimating, billing the expenses for the operation of the authority.
Article 26. Conditions for conducting formal session of the Council the formal session of the assessment authority only be conducted when there is full the following conditions: 1. The involvement (direct presence at the session or join an online meeting) from two-thirds (2/3) or over the number of members of the Board evaluation , which required to be Chairman or Deputy Chairman of the Council in the case are Chairman of the authorization (hereinafter referred to as the chairing the session), Member of the Secretariat and at least one (1) member of the critics.
2. The participation of the competent representative of the project owner or the person authorized by the owner of the project mandate involved.
3. valuation fees already paid to report environmental impact assessment as prescribed by law.
Article 27. Held opinions of the Department of natural resources and the environment did not have a representative participate in the evaluation by the Council of ministries, ministerial agencies established 1. Permanent evaluation Agency to send report strategic environmental assessment to the Department of natural resources and the environment of the locality are related directly to the environmental issues of strategy, planning, the plan does not have a representative participate in the authority; send the report of environmental impact assessment to the Department of natural resources and the environment where the project does not have a representative participate in the authority component to retrieve comments.
2. The Department of natural resources and environment is responsible for submitting comments in writing at the suggestion of permanent evaluation agency within five (5) working days from the date of receiving the written recommendation of the permanent agency evaluation.
3. the comments of the Department of natural resources and the environment are given consideration and discussion at the meetings of the authority.
Article 28. Participants in the meetings of the Authority 1. The composition of deputies to participate in the meetings of the authority due to permanent bodies assess the decision and invited to attend.
2. Attendees are statements of opinion in the meetings of the authority, subject to the authority of the person who chaired the session, entitled remuneration as prescribed by law.
Article 29. The content and sequence of the official session of the Authority 1. Commissioner clerk read the decision established authority, introduce participants and the summary report on the processing of records appraisal, provided information on the activities of the Council of appraisal and valuation of permanent bodies made.
2. Who chaired the session session operating under the Authority set forth in paragraph 1 to article 21 of this circular.
3. The owner of the project or consulting units are authorized project owners presented a summary of report content strategy, environmental assessment reports on environmental impact assessment.
4. the owners of the project and the assessment Board members to Exchange, discuss the issue of unclear (if any) of the profile.
5. The Commissioner and the other members in the Authority presented a comment.
6. Member Secretary read a review of the assessment Board members absent (if available).
7. The participants statements of opinion (if any).
8. the authority may separate meeting (due to the appropriate presiding decision) to unify the content of the conclusions of the evaluation board.
9. Who chaired the session announced the conclusion of the authority.
10. The assessment Board members have different opinions with the conclusion of the person chairing the session given (if any).
11. Project statements (if any).
12. Who chaired the session to declare the end of the session.
Article 30. The content of the conclusions of the Authority 1. The conclusions of the authority must be able to articulate the following content: a) The existence of records; the requirements, recommendations concerning the complete records (if available) based on the comments of the members of the Board evaluation;
b) ballot results based evaluation according to the principles set forth in paragraph 2 of this article, the conclusion in a (01) of the three (3) levels: through; through with the right conditions, additional editing; not through.
2. The principle of giving the result appraisal: a) through editing, adding: when all assessment Board members attend the session had unanimously verified votes do not need to edit the supplement;
b) through with the right conditions, additional editing: when there are at least two-thirds (2/3) of the Board members attend, which must have at least one (1) Member review, have the votes verified consent through or via the condition to edit, Supplement;

c) not through: when on a third (1/3) of Board members have attended appraisal not through votes or both (2) Commissioners review have appraised not through votes.
Article 31. The form and content of the report on the official session of the Authority 1. The minutes of the session of the Council's official evaluation is done according to the form prescribed in annex 4.6 of this circular. Comments of project owners, of the members of the Council, of the delegations attending the session are recorded in full, honest in the minutes of the session.
2. The minutes of the official session of the authority must be the person who chaired the session and member of the Secretariat to sign the bottom of each page, sign and write your name, the title of the Council in the last page.
Chapter VI ENVIRONMENTAL PROTECTION PLAN Article 32. The responsibility to confirm registration of the environmental protection plan 1. The Department of natural resources and the environment to confirm registration of the environmental protection plan for the project subject to the provisions in annex 5.1 of this circular.
2. the people's committees at district level confirmed sign environmental protection plan of the project, production projects, business, service, subject to the provisions in clause 1 Article 18 Decree No. 18/2015/ND-CP, except the object prescribed in paragraph 1 of this article.
3. the people's Committee of social committees at district level to be reviewed, authorized to confirm the registration of the plan to protect the environment in its jurisdiction with respect to the project, production projects, business, household-scale service located in a (01). Text authorized for social people's Committee confirmed registration of environmental protection plans follow the form prescribed in Appendix 5.2 of this circular.
4. Management of industrial zones, export processing zones, economic zones are the competent agency specified in clause 1 and clause 2 of this review, validation sign environmental protection plan for the investment projects, business plans, customer service in the industry export processing zones, economic zones as specified in point d article 19 paragraph 1 of Decree 18/2015/ND-CP of text authorized for management of industrial zones, export processing zones, economic zone confirmed sign environmental protection plans follow the form prescribed in Appendix 5.3 of this circular.
Article 33. Application of environmental protection plan 1. Application of environmental protection plans in Authoritive confirmation register of the Department of natural resources and the environment, including: a) of three (3) environmental protection plan with the cover and the content requirements follow the corresponding model provisions in the Appendix 5.4 and 5.5 of this circular;
b) A (01) investment or scheme report production, sales, service.
2. the registration records of environmental protection plans in Authoritive confirmation of registration of the people's Committee of the district level include: a) of three (3) environmental protection plan with the requirements regarding the structure and content according to the form prescribed in Appendix 5.6 of this circular;
b) A (01) report investment or production projects, business, the services of Project Server.
3. where the registration of the plan to protect the environment at the Agency is authorized, the profile is made in accordance with the respective registration documents at the competent authorities.
Article 34. Confirm the registration of the plan to protect the environment within ten (10) working days from the date of receiving the registration records of the plan to protect the environment, the agency receiving records is responsible for reviewing, confirming registration of the environmental protection plan according to the form prescribed in Appendix 5.7 of this circular. The case has not yet confirmed to have notified in writing and stating the reason according to the form prescribed in annex 5.8 of this circular.
Article 35. Make plans for environmental protection 1. The responsibility of the project, home base business, production, service and State agencies after the environmental protection plan endorsed the provisions of paragraph 4 Article 19 of Decree 18/2015/ND-CP DATED. 2. The object prescribed in paragraph 4 to article 33 environmental protection laws have to re-register the environmental protection plan. The registration, responsibility and the time limit for registration confirmation of environmental protection plans to perform as specified in articles 32, 33 and 34 of this circular.
3. in case of changing the project owners, home base business, manufacturing, service, the project owners, the new owners have a responsibility to continue to implement plans to protect the environment has been confirmed registration.
Chapter VII IMPLEMENTATION and ENFORCEMENT of the TERMS of Article 36. Transitional provisions 1. Recommended records appraisal reports strategic environmental assessment; evaluation, approved the report on environmental impact assessment; sign a commitment to protect the environment; check, verification of works, environmental protection measures serve the operational phase of the project was the competent body to receive before the day this circular have the effect to continue considering the settlement under the provisions of circular No. 3/2011/TT-BTNMT on July 18, 2010 the Minister of natural resources and environment, detailing a number of articles of Decree No. 29/2010/ND-CP dated April 18, 2012 of the Government on strategic environmental assessment, environmental impact assessment, environmental protection commitments, excluding the records specified in paragraph 2 of this Article.
2. Since April 1, 2015, the Agency has the authority to return the text held personal records, took to resolve environmental administrative procedures with regard to the following cases: a) recommended records appraisal reports strategic environmental assessment strategies , planning, plans not subject to the provisions of annex I to Decree No. 18/2015/ND-CP;
b) recommended records, approving evaluation reports assessing the environmental impact of projects not subject to the provisions in annex II of Decree 18/2015/ND-CP;
c) recommended records check, confirm the performed works, environmental protection measures serve the operating period of the project is not subject to the regulations in columns 4 Appendix II of Decree 18/2015/ND-CP;
d) registered records a commitment to protect the environment of the project, production projects, business, service, subject to the provisions in annex IV of Decree 18/2015/ND-CP. Article 37. Implementation 1. Ministries, ministerial-level agencies, provincial people's Committee, the people's Committee at district level are responsible for implementation of the report on the operation mode of the appraisal report strategic environmental assessment; evaluation activities, approved the report on environmental impact assessment; registration activities and examine the implementation of the environmental protection plan; operation check, confirm the work of environmental protection according to the provisions of article 21 of Decree 18/2015/ND-CP follow the corresponding model provisions in the annex 6.1, 6.2, 6.3, 6.4, 6.5 and 6.6 of this circular.
2. Ministries, ministerial-level agencies, provincial people's Committee entrusted specialized agencies do permanent body evaluation reports, strategic environmental assessment reports on environmental impact assessment under the authority.
Article 38. Terms of implementation 1. Ministers, heads of ministerial agencies, government agencies, the Chairman of people's Committee of the level of implementation of this circular.
2. This circular effect since July 15, 2015 and replacing circular No. 3/2011/TT-BTNMT on July 18, 2010 the Minister of natural resources and the environment guide details a number of articles of Decree 29/2010/ND-CP of the Government regulations on strategic environmental assessment , environmental impact assessment, is committed to protecting the environment.
3. During implementation of this circular, if arising difficulties and obstacles, the ministries, the local organization, timely personal reflection on the Ministry of natural resources and the environment to guide research, additional amendments accordingly.

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