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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DEPARTMENT OF RESOURCES AND ENVIRONMENT
Number: 27 /2015/TT-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 29, 2015

IT ' S SMART

In terms of strategic environmental assessment, environmental impact assessment and plan to protect your lips. g

______________________________

The Environmental Protection Law Base June 23, 2014;

Base of Protocol 18 /2015/NĐ-CP February 14, 2015 of the Government provides for environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan;

Base of Protocol 21 /2013/NĐ-CP March 4, 2013 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director General of the Environment and the Secretary of the Law of France;

The Minister of Natural Resources and Environment issued a regulatory advisory on strategic environmental assessment, environmental impact assessment and environmental protection plans.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This Privacy specifies the implementation of the implementation of the Section 1 Article 32 Environmental Protection Laws in 2014; Clause 5 Articles 8, Clause 7 Articles 12, Clause 4 and Clause 6 Articles 14, Clause 2 Articles 16, Clause 4 Articles 17, Clause 5 Articles 19 and Clause 4 Articles 21 18 /2015/NĐ-CP February 14, 2015 of the Government Regulations on Environmental Protection Planning, Strategic Environment assessment, environmental impact assessment and environmental protection plan (the following call for the Digital Protocol), the World War II. 18 /2015/NĐ-CP).

What? 2. Subject applies

This information applies to the agency, the organization, the individual whose activities are associated with strategic environmental assessment, environmental impact assessment and environmental protection plans.

Chapter II

STRATEGIC ENVIRONMENT ASSESSMENT

What? 3. Make strategic environmental assessment

1. The Agency is tasked with building strategies, planning, plans of the Category of the subjects to implement a regulatory strategic environment assessment at Annex I issued in accordance with the International Protocol No. 1. 18 /2015/NĐ-CP responsible, sending the case of the recommended appraisal report assessment of the specified strategic environment at paragraph 2 Article 8 of the number of Protocol 18 /2015/NĐ-CP . The filing recommended that the report appraisal the strategic environment sent directly or via the post office to the appraisal agency, including:

a) A (01) the recommended text appraisal of a strategic implementation of the strategic environment according to the specified template at Appendix 1.1;

b) Nine (09) a strategic environmental assessment and nine (09) strategic draft, planning, plan. In case the number of members of the board appraisers more than nine (09) people, the agency tasked with building strategies, planning, plans must provide additional reporting numbers of the strategic environmental assessment. The cover form, the cover page and the structure and content requirements of the report review the strategic environment in accordance with the corresponding pattern stipulated at the Appendix 1.2 and 1.3.

2. The case of strategic adjustment, planning, planning regulations at Clause 4 Article 8 Digital Protocol 18 /2015/ND-CP:

a) Strategic planning, planning, planning to send to the Ministry of Natural Resources and Environment one (01) the documentation of the regulatory content of strategy, planning, planning, and related environmental issues with a (01) strategic adjustment draft, The plan, the plan.

b) During the twenty (20) days of work, the Ministry of Natural Resources and Environment is responsible for review, planning, planning, planning, planning, planning, planning, planning and planning.

What? 4. Judge of strategic environmental assessment

1. The appraisal of the report assessment of the strategic environment performed through the appraisal council chaired by the chief minister or head of the appraisal agency with the structure, the regulatory component at Clap 1 Article 10 of the Digital Protocol 18 /2015/NĐ-CP.

2. The operation of the appraisal panel reports assessment of the regulation strategy environment at this Smart V Chapter.

3. The appraisal deadline for assessment of the regulatory environment assessment at Clause 4 Article 10 Digital Protocol 18 /2015/NĐ-CP; case case case is incomplete, valid, during the maximum period of year (05) working days since the date of receiving the case, the appraisal agency has the text message sending the appraisal recommended agency assessment of the strategic environment to know, complement, complete.

What? 5. Continue the appraisal opinion and report the results of the assessment report assessment of the strategic environment

1. The agency is tasked with building strategies, planning, plans to take responsibility for the research, which continues the opinion of the appraisal council and resent the appraisal agency:

a) A (01) program text on the reception of the comment by the appraisal committee reporting the strategic environment assessment implementation of the specified pattern at the Appendix 1.4;

b) A (01) a report assessment of the strategic environment accompanied by a record on the CD; one (01) strategic draft, planning, plans have been completed on a research basis, continuing the opinion of the appraisal council.

2. In the no more than fifteen (15) days of work since the date of receiving a complete strategic environment assessment report on the basis of research, the reception of the appraisal council opinion was tasked by the agency tasked with building strategies, planning, planning and planning. Submitted to, the agency that reports a strategic environmental assessment responsible for reporting authorship approx strategies, planning, plans for appraisal results report assessment of a strategic environment assessment assessment at Annex 1.5 Information Come on.

Chapter III

ENVIRONMENTAL IMPACT ASSESSMENT

What? 6. File recommended appraisal report assessment of environmental impact

The project holder of the prescribed subjects at paragraph 5 Article 33 Environmental Protection Law in 2014 and Clause 1 Article 12 Digital Protocol 18 /2015/NĐ-CP is responsible, sending the agency with the authority to evaluate the assessment of the environmental impact specified at Clap 1 Article 14 digital decree 18 /2015/NĐ-CP . The file recommended that the appraisal is:

1. One (01) the proposed text appraisal report assessment of the environmental impact on implementation of the specified form at this Exhibit 2.1.

2. Seven (07) the report reviews the environmental impact of the project. In case the number of members of the board is more appraisal than seven (07), the project must provide an additional number of environmental impact assessment reports. The cover form, the cover page and the structure and content requirements of the environmental impact assessment report follow the corresponding pattern stipulated at the 2.2 and 2.3 Appendix.

3. One (01) a feasibility study or investment project report or other equivalent document.

What? 7. Consultation during the implementation of the environmental impact assessment

1. The project owner must perform the prescribed consultation at the Clause 4, 5 and 6 Article 12 Digital Protocol. 18 /2015/NĐ-CP.

2. The text of the project owner to submit the consultation with the prescribed implementation of the prescribed pattern at this Annex 2.4.

3. The agency ' s reply to the agency, the organization is asked to consult on the implementation of the regulation at Appendix 2.5.

4. The share of the community consultation meeting is directly affected by the project implementation of the prescribed pattern at Appendix 2.6.

5. During the consultation process, the project holder is responsible for ensuring the text of the consultation consultation with the environmental impact assessment report sent to the agencies, the organization being consulted.

6. A written response deadline for the agency, the organization is consulted for a maximum of fifteen (15) working days, since the date of receiving the text of the consultation petition sent by the project owner.

7. The project of a table belonging to the table from two (02) to the project, the project holder is chosen to form the community consultation meeting that is directly affected by the project according to each commune or the commune.

What? 8. The report of the environmental impact assessment

1. The appraisal of the environmental impact assessment is done through the appraisal council, minus the stipulation case at paragraph 5 Article 14 digital decree. 18 /2015/NĐ-CP.

2. The period of appraisal reporting assessment of the regulatory environment at Clause 2 Article 14 Digital Protocol 18 /2015/NĐ-CP; case case case is incomplete, valid, for a maximum of five (05) days of work since the date of receiving the case, the appraisal agency must have a notification text for the project owner.

3. During the appraisal, the appraisal agency is conducted the following activities:

a) Survey, examination of information, data on environmental status at the site of the project implementation and the adjacent area;

b) retrieve the analysis of the analysis;

c) The organization takes the opinion of experts, social organizations, social organizations-the profession that reflects the content of the report assessment of the environmental impact;

d) Organisable assessment meetings.

4. The operation of the appraisal panel reports the assessment of the environmental impact on the regulation at this Smart V Chapter.

What? 9. Approved environmental impact assessment report

1. After the environmental impact assessment report has been amused with results through no need to edit, add or pass with the right condition of editing, supplements, project owners fine-fining and sending the case appraisal authority recommended for approval of the assessment report. the environmental impact price, including:

a) A (01) the recommended text approx the environmental impact assessment report in which the solution is clear that the content has been edited, added to the conclusion of the appraisal board, unless the case does not have to be edited, added;

b) The environmental impact assessment report is frozen, the project holder enters the bottom of each report page, including the appendix (except for the cover-based cover at Appendix 2.2) in sufficient quantities to be sent to specified addresses at the site. This 3 Article 9 includes a (01) CD that contains a (01) tail-format electronic text file ". doc" contains the contents of the report and one (01) the electronic text file format ". pdf" contains scanned content (scan) of the entire report (including: Appendix).

2. After receiving a request for approval of the environmental impact assessment report submitted by the project owner, the appraisal agency is responsible:

a) In the twenty-20 (20) days of work since the date of receiving the request for approval of the environmental impact assessment report, the head or head of the regulatory agency issued a decision to approve the report evaluating environmental impact according to the sample. specified at Appendix 2.7 This Information and confirmed to the back of the cover page of the environmental impact assessment report that was approved under the prescribed pattern at Appendix 2.8.

b) The unqualified or non-approved case must have a written statement stating the reason for a period of ten (10) days of work since the date of receiving a request for approval of the environmental impact assessment report.

3. The appraisal agency reports the environmental impact assessment of the decision to approve and report the assessment of the environmental impact after confirmation to the project owner and related agencies, namely the following:

a) For the environmental impact assessment report by the jurisdiction, approval of the Ministry of Natural Resources and Environment: to submit a decision to approve an environmental impact assessment report to the Provincial People's Committee on the implementation of the project;

b) For the environmental impact assessment report by the jurisdiction, approval of the ministries, the peer-to-peer agency: the decision to approve approval to the Ministry of Natural Resources and Environment, which sent the approval of the approval accompanying the environmental impact assessment report. to the Provincial People ' s Committee on the implementation of the project, except for the project of the state secret range of defense, security;

c) For the environmental impact assessment report by the jurisdiction of the Provincial People 's Commission: the decision to approve the report assessment of the environmental impact assessment to the Ministry of Natural Resources and Environment, the District People' s Commission, the People ' s Committee of the People. The project was carried out; submitted the decision to approve the environmental impact assessment report to the Department of Natural Resources and Environment and to the Management Board of Industrial Areas in the event of the project's implementation in the industrial zone.

4. After receiving the decision to approve the environmental impact assessment report issued by the ministries, the peer-to-peer agency sent, the People 's Committee of the Provincial Yuan and sent to the Department of Natural Resources and Environment, the District People' s Committee, the People ' s Committee on the site. project and Board of Industrial Areas for the project to implement in the industrial zone.

What? 10. The responsibility of the project owner after the report assessment of the environmental impact was approved

1. Implemation of regulatory content at Article 16 Digital Protocol 18 /2015/NĐ-CP.

2. The environmental management plan on the basis of the proposed environmental impact management and monitoring program in the environmental impact assessment report; the case of changes to the management program and environmental monitoring must update the plan. It ' s an environmental management and it ' s sent to the Social People ' s Committee as prescribed at Section 3 This. The cover form, the cover page and the structure requirements, the content implementation of the corresponding pattern stipulated at the 2.9 and 2.10 Annex.

3. Send an environmental management plan to the Social People's Committee where consultation is in the process of performing an environmental impact assessment to be publicly listed before construction starts. The project's text template submitted to the People's Committee of the People's Committee for the public listing of the planned environment management plan in accordance with the 2.11 Appendix.

4. Announces the Plan to operate the testing of waste treatment works to organizations that have conducted consultation and the approval agency reporting assessment of the environmental impact on the prescribed form at Appendix 2.12 This Information; the organization that operates the testing of companies. Waste processing at the same time as the process of testing the project. In case of environmental incidents, the operation was to be stopped and reported in time to the state governing body that had jurisdiction to guide the settlement; it was responsible for overcoming environmental incidents, compensated for the damage. of the law.

5. The case of economic zones, industrial zones, manufacturing zones, high tech areas, industrial clusters, business districts, and services focused on investing in an unsuitable investment industry that attracts investment in the environmental impact assessment report has been approved. of the infrastructure construction project but it has not yet reached the level to re-establish a regulatory environmental impact assessment at the point c 1 Article 15 digital decree. 18 /2015/ND-CP, The infrastructure project investment project has to have a document that has approved the report of the environmental impact assessment report and only implemented investment procedures after a written approval by the agency's written approval report. Environmental impact.

6. The case with a change in the project owner, the new project owner is responsible for continuing to carry out the approved environmental impact assessment report.

What? 11. Authoritship for the Board of Directors of the appraisal, critical of the environmental impact assessment report

1. The Provincial People ' s Committee is authorized to the Board of Directors of the Appraisal Industry, which approx the environmental impact assessment report when the Board of Directors of Industrial Areas has established the Environment Management Room and has enough payroll from the year (05) who returns. It ' s got environmental protection expertise.

2. The provision of the regulation at Clause 1 Article applies only to the projects of the jurisdiction, approving the environmental impact assessment report of the Provincial People's Committee to invest in industrial zones that have been approved reporting the impact assessment. The environment of the infrastructure construction project, which has completed construction of a centralized wastewater treatment station or has been confirmed by the authorities to complete the environmental protection process by law.

3. The Provincial People ' s Committee is responsible for sending text to the Ministry of Natural Resources and the Environment, approx. In the fifteen (15) days of work, the Ministry of Natural Resources and Environment is responsible for answering the Provincial People's Committee in writing.

4. On the basis of approval by the Ministry of Natural Resources and Environment, the Provincial People ' s Committee authorized the Board of Directors of the Appraisal Industry, which approved a report to assess the environmental impact by decision-based decision at Appendix 2.14. Hey.

5. The management of the industrial zones is responsible for implementing the work within the authorized range with the role of the Provincial People ' s Committee in the appraisal, approp. the report assessment of the regulation environment impact at the 2, 3, 4 and 5 Articles 14. Number Protocol 18 /2015/NĐ-CP; implement the periodic reporting regime to the Provincial People 's Commission; subject to examination, the guidelines of the Provincial People' s Committee and the Department of Natural Resources and Environment under the provisions of the law.

Chapter IV

CHECK OUT, CONFIRM THE ENVIRONMENTAL PROTECTION WORKS THAT SERVE THE OPERATION PHASE OF THE PROJECT.

What? 12. Report results of the environmental protection works serving the project operating phase of the project.

1. The project owner of the specified objects at column 4 Annex II Protocol II 18 /2015/NĐ-CP We have to file a report on the results of the environmental protection works that serve the project stage, and send the approval agency to review the environmental impact assessment to be examined, consider issuing a confirmation license at the resolution of 6 Article 16. Number 18 /2015/NĐ-CP.

2. The report results on the implementation of the environmental protection works that serve the operation phase of the project including:

a) A (01) text of the request for inspection, validation of completion of the environmental protection work done by the specified template at Appendix 3.1;

b) A (01) a copy of the decision to approve with a copy of the report assessment of the environmental impact of the project was approved;

c) Seven (07) The results report the implementation of environmental protection works serving the operation phase of the project implementation under the prescribed pattern at Appendix 3.2. Where the project is located on the site from two (02) provinces, the central city becomes central, the project owner must send additional reports by the number of added provinces to serve the inspection.

3. The project case has a variety of investments or has independent categories, the project holder is set to report the results of the implementation of the operation environment protection works to each of the investment or for each independent category of the project with the project. The conditions have completed the environmental protection works that serve the operating phase for each of the investment or for each independent category of the project.

4. The project was approved reporting environmental impact assessment under the Regulation of Environmental Protection Act 1993 or Environmental Protection Law in 2005 but is not part of the specified category at the 4 Annex II Periodic Column. 18 /2015/ND-CP, The project holder is exempt from the task of being responsible for reporting the results reporting the results of the environmental protection works serving the project stage.

What? 13. Check out the environmental protection works that serve the project operating phase.

1. The inspection of environmental protection works serving the operation phase of the project is conducted through the inspection corps approved by the agency chief of the agency reporting the environmental impact assessment or authorized agency (later known as the agency). testing) established. The decision to establish a demonstration crew for the implementation of the environmental protection works of the project is carried out according to the prescribed pattern at this Annex 3.3.

2. The composition of the inspection team is: the civil service of the inspection and environmental experts, the field related to the project with the structure: Head of the Army, a (01) Deputy Head of the Union in the required case, one (01) Clerk and some members.

3. The case of examining the environmental protection works that serves the operation phase of the project is not run by the Department of Natural Resources and Environment, in addition to the specified component at Section 2 This, in the rest of the audit corps representing the Department of Finance. And the Environment and the Environment.

4. The case of reporting assessment of the environmental impact of the approved jurisdiction of the Provincial People ' s Committee, in addition to the stipulated section at Section 2 This, the agency chief examining the decision to invite the specialist body representative on the protection of protection. the district level environment where the project participated in the inspection team.

What? 14.

1. The inspection team works in accordance with the principle of public discussion between members and between members with the project host representation in meetings and in the course of the actual examination of the environmental protection works.

2. The actual examination of the environmental protection works of the project is conducted when:

a) There is a participation of at least two thirds (2/ 3) of the number of members of the inspection crew, including the Chief of the Company (or the Deputy Head of the delegation when elected by the Chief of the Commission) and the Secretary of the Board;

b) There is participation by the competent representative of the project owner.

What? 15. Responsibility and the powers of the members of the inspection team

1. The overall responsibility and authority of the members of the inspection team:

a) The case study recommended testing, confirming the completion of the environmental protection works that serve the operation phase of the project;

b) Participate in the examination of the inspection team and the actual examination activities the completion of the environmental protection work of the project;

c) Dialogue with the project host on environmental protection works that have been carried out by the project host during the actual examination;

d) Write the review, evaluate the implementation of the environmental protection work by a prescribed sample at Appendix 3.4 This message sends the Chief of the Examination (through Secretary) to synthesize; be accountable to the law of the comments, reviews of his assessment;

The management of the documents is provided by the regulation of the law and returns when there is a request from the agency to carry out the examination after the completion of the mission;

e) to be entitled to the provisions of the existing law in the course of the actual examination.

2. The responsibility and powers of the Secretary of the examination:

In addition to the responsibility and jurisdiction of this Article 1 Article, the Secretary of the examination has the responsibility and the following powers:

a) Related to the project owner, members of the inspection team, organizations, individuals involved in order to arrange the inspection schedule of the inspection team;

b) The review of the comments, the assessment of the members of the inspection and the Chief of Staff report;

c) The draft editor examines the completion of the project's environmental protection work.

3. The Deputy Chief of the Board is responsible and the powers of the members of the delegation are assigned at Clause 1 Article and of the Chief of the Regulation of Regulation at paragraph 4 This is in the case of the head of the commission.

4. The Director of the Examination and the powers of the Chief of the Examination:

In addition to the responsibility and jurisdiction at Clause 1 This, the Chief of the Inspector has the responsibility and the following powers:

a) be responsible for the operation of the inspection team;

b) Task assignment for members of the audit corps;

c) Host and run of the inspection of the inspection team;

d) The presiding over the petitions of the audit members, of the project owner and the representative of the relevant agencies during the actual examination process and the conclusion of the conclusion;

In case of necessity, measurement of the measurement, sampling, analysis of environmental indicators of waste before the release of the environment for examination by the law of the present law.

What? 16. Content and form expresses the results of examining the environmental protection works that serve the operation phase of the project.

1. The results of testing the project ' s environmental protection works must be shown in the form of the audit manifold implementation of the prescribed pattern at this Annex 3.5 Appendix.

2. The audit editorial content must be shown to be honest, objectively to the fact that environmental protection works have done in practice at the time of inspection.

3. During the end of the inspection, the audit editor must be checked by the Dean (or vice president of the examination in the case of the Commissioner for authorization), the Secretary of the examination and the competent representative of the project host to each page, signing. And make it clear to the name, the title at the last page.

What? 17. The confirmation level completes the environmental protection work.

1. On the basis of the test results, the case of environmental protection work that serves the operation phase of the project has been built in accordance with the approved environmental impact assessment report and approved text for the adjustment, changes of the agency ' s agency. approval of the environmental impact assessment report (if available), in the statute of limitations in Clause 2 Article 17 Digital Protocol 18 /2015/ND-CP, The certificate level examination for the completion of the environmental protection process serves the operation phase of the project. The case for the environmental protection process serves the operation phase of the project that has not met the requirements, during the period of the year (05) the day of work since the end of the examination, the inspection agency has a written notice to the project owner.

2. The project owner is responsible for overcoming existing problems for the environmental protection work that serves the operation phase of the project and report the inspection agency to be considered, confirmed. The test agency is responsible for reviewing, issuing a confirmation or text that answers the project owner during the period of five (05) working days.

3. The paper template that completes the environmental protection process serves the operation phase of the specified project at this Ad-3.6 Annex.

Chapter V.

ENVIRONMENTAL ASSESSMENT REVIEW PANEL

STRATEGY, JURY REVIEW ASSESSMENT

ENVIRONMENTAL IMPACT

What? 18. The composition and principles of the council ' s working principle report assessment of the strategic environment, the panel of appraisal reporting the environmental impact assessment.

1. The Board of appraisal reports assessment of the strategic environment, the appraisal board reporting the environmental impact assessment (later known as the appraisal council) was established for each strategic environmental assessment report, which once reported the impact assessment of the impact. the environment by the specified pattern at this Annex 4.1.

2. The Council of appraisers is responsible for advising the Prime Minister or the head of the appraisal body; accountable to the law and before the appraisal authority on the appraisal outcome.

3. The Council of appraisers works in accordance with the principle of public discussion among the members of the appraisal council, between the appraisal board with the agency tasked with building strategies, planning, planning or project owners (the latter being the same as the project owner).

4. The activities of the appraisal board perform through a functional permanent body in function, the mandate granted by the competent authority. The responsibility of the permanent body is specified in Article 25 of this.

What? 19. Conditions, criteria for the titles of the appraisal council.

1. President or Vice President of the Council must be an environmental expert or specialist field specialist of the project with at least seven (07) years of experience if there is a college degree, at least five (05) years of experience if a master ' s degree, at least three (03) years experience if there is a doctorate, or must be the leader of the appraisal agency or the permanent body of authority.

2. The protest commissioner must be an environmental expert or specialist in the project with at least seven (07) years of experience if there is a college degree, at least five (05) years of experience if a master ' s degree, at least three (03) years of experience if possible. Yes, Doctor.

3. The Secretary of State must be the civil service of the permanent body.

4. Council Commissioners must be an environmental expert or specialist field specialist in relation to the project with at least three (03) years of experience if there is a college degree, at least two (02) years of experience if a master ' s degree, at least one (01) years of experience. If you have a doctorate.

What? 20. Board commissioner.

1. Consider the strategic environmental assessment report, environmental impact assessment reports, and files, related documentation provided by the Permanent Agency.

2. Participate in the meeting of the appraisal council, conferences, themmaking seminars, investigative activities, surveys held during the appraisal of the strategic environmental assessment report, the report assessment of the environmental impact in accordance with the agency ' s layout. I don't know.

3. Write a seminal report serving the appraisal of the strategic environment assessment report, which reports the environmental impact assessment according to the assignment of the permanent body.

4. Write a review of the strategic environmental assessment report, the report evaluating the environmental impact according to the prescribed form at Appendix 4.2 This article sends a permanent body of permanent appraisal before an official session of the appraisal council at least one (01) days. work; the presentation of the comment at the official session of the appraisal council.

5. appraisal reporting for strategic environmental assessment, report evaluating the environmental impact according to the prescribed form at this Exhibit 4.3.

6. Write a review of the strategic environmental assessment report, the environmental impact assessment report has been edited by the project holder, supplemally after the formal session of the appraisal council when there is a written requirement of the permanent body of authority.

7. Manage the documents provided by the regulation of the law and submit these documents when required by the permanent body of the permanent body after the completion of the mission.

8. Responsible for the appraisal and before the law on the comments, comments made to the strategic environmental assessment report, environmental impact assessment reports, and job content assigned to the appraisal process.

What? 21. The powers of the councillor

1. The council commissioner has the following rights:

a) Request the Permanent Authority to provide documents related to the profile recommended for the study, evaluation;

b) The Permanent Office of the Permanent Authority to hold meetings, seminars and other activities for direct service of the appraisal;

c) Attend to the meeting of the appraisal council; participate in symonuces, thematic seminars and other activities to serve directly in accordance with the layout of the permanent body of authority;

d) Direct dialogue with the project holder and the consulting unit of the strategic environment assessment report, the report assessment of the environmental impact at the session of the appraisal board; is said to be expected in case of other opinions with the conclusion of the council. Appraisal.

2. Compensation under the current fiscal regime when carrying out the mission; being paid to travel expenses, eat, stay and other costs by law when participating in the activities of the appraisal council.

What? 22. Responsibility and powers of the Chairman of the Council, Deputy Chairman of the Council, Commissioner of Responsibility

1. The chairman of the council is responsible and the powers of the Board of Commissioners stipulate at the Articles 20 and 21 of these Articles and is in charge, the following powers:

a) Run the meetings of the appraisal council;

b) Processing the opinions outlined in the meeting of the council of appraisal and conclusion of the meeting of the appraisal council;

c) Sign the meeting and take responsibility before the appraisal and before the law on the conclusions made in the meeting of the appraisal council.

2. The vice president of the council is responsible and the powers of the Board of Commissioners stipulate at the Articles 20 and 21 of this and the Chairman of the Council in the case of the Chairman of the Commission.

3. Commissioners have responsibility and regulatory authority on Articles 1, 2, 3, 5, 6, 7 and 8 Articles 20 and Article 21; writing comments on the content of the strategic environmental assessment report, the report reviews the environmental impact according to the corresponding sample. specified at these 4.4 and 4.5 Accessories Items.

What? 23. Secretary of State for Secretary of State

In addition to the responsibility and powers of the Board of Commissioners stipulated at Articles 20 and 21 This April, the Secretary of the Secretary is responsible and the following powers:

1. Provide a review of the comment and the appraisal of the strategic environment assessment report, the environmental impact assessment report for the appraisal board members.

2. Report the Chair of the Council on the main existence of the profile on the basis of self-study and general opinion of the appraisal council members.

3. Information for the board of appraisal comments by members of the appraisal board does not attend the formal session of the appraisal council and the written opinion of the Department of Natural Resources and the Environment to the Permanent Office of Permanent Appraisal (if available).

4. Write and sign the meeting of the appraisal council; take responsibility for the full calculation, the content honesty that compenties the meetings of the appraisal council.

5. Make up the evidence pool from serving the payment of the activities of the appraisal council.

6. Do other tasks that serve the operation of the appraisal council at the request of the permanent body of authority.

What? 24. The responsibility and powers of the council member are the representative of the Department of Natural Resources and the Environment to the appraisal council due to the ministries, the peer-to-peer agency

In addition to the responsibility and powers of the council member corresponding to the specific title in the council, the council member is representative of the Department of Natural Resources and the Environment to the appraisal council due to the ministries, the established establishment and responsibility. the following powers:

1. Gather, provide the council for the appraisal of information, documentation related to strategy, planning, planning, and project; responsible for the information, documentation provided to the appraisal council.

2. In the event of not taking part in the activities of the appraisal council, which is authorized by writing to the same body that is involved with the responsibility, the corresponding powers of themselves in the council.

What? 25. The responsibility of the permanent body

1. The draft decided to set up the appraisal council, the agency chief appraisal review, decision.

2. Contact, offer the project holder to the addition of relevant documents in the case required and sent to the appraisal council members in the period of the year (05) day of work, since the date of the decision to set up the appraisal council.

3. Gather, provide information concerning strategy, planning, planning, project for the appraisal council.

4. Organization of the meeting of the appraisal council and regulatory activities at Section 3 Article 10 of the Digital Protocol 18 /2015/NĐ-CP And that ' s three of these.

5. Messages of the appraisal results and the requirements associated with the complete completion of the appraisal profile during the period of no more than five (05) date of work after the conclusion of the final appraisal meeting of the appraisal council. The notification content must specify only one (01) in the following situations on the outcome of the appraisal: through without modification, the addition; through with the condition must be edited, added; not through.

6. The organization that scans the strategic environment assessment, the environmental impact assessment report after being edited by the project owner, added; submitted the text suggested some appraisal members continue to comment on the comment on the assessment report. the strategic environment, the report assessment of the environmental impact in the case of necessity.

7. The text draft report results appraisal of the strategic environmental assessment of strategy, planning, planning, or decision-making report assessment of the environmental impact assessment of the authorship project to review, decide.

8. Set up the bill, pay the expenses for the operation of the appraisal council.

What? 26. The condition conducts the official session of the appraisal council

The formal session of the appraisal council is conducted only when full of the following conditions:

1. There is participation (present directly at the session or participating in online meeting) from two-thirds (2/ 3) onwards to the number of appraisal members, which is required to have the Council President or Vice Chairman of the council in the case of President. The committee of the commission (later known as the chair of the session), the Commissioner of the Secretariat and at least one (01) Commissioner of the countermeasures.

2. There is a participation of the competent representative of the project owner or the authorized licensee of the participating proxy project owner.

3. Already paid the appraisal fee reporting the environmental impact according to the rule of law.

What? 27. The organization took the opinion of the Department of Natural Resources and Environment not represented as part of the appraisal council component due to the ministry, the peer-to-peer agency

1. The Permanent Authority specifies a strategic environmental assessment report to the Department of Natural Resources and Environment relevant directly to the environmental issues of the strategy, planning, plans of no representation involved in the city ' s success, the report said. part of the appraisal board; send an environmental impact assessment report to the Department of Natural Resources and the Environment where the project does not have representation in the appraisal council component for comment.

2. The Department of Natural Resources and Environment is responsible for submitting a written opinion on the recommendation of a permanent body appraisal during the year (05) day of work, since the date of receiving the recommended text of the permanent body.

3. The opinion of the Department of Natural Resources and Environment is given a review, discussed at the meeting of the appraisal council.

What? 28. delegates at the meeting of the appraisal council

1. The delegate participation in the meeting of the appraisal council appointed by the Permanent Court is determined and invited to attend.

2. The participants are given an opinion in the meeting of the appraisal council, which is subject to the executive order of the session, which is entitled to take on the provisions of the law.

What? 29. Content and the official session sequence of the panel.

1. The clerk reads the decision to form the appraisal board, which introduces the summary component and the summary report on the process of the appraisal of the appraisal, which provides information on the activities of the appraisal council and the permanent body of authority that has been made.

2. The presiding person who runs the session under the jurisdiction is prescribed at Clause 1 Article 22 of this.

3. The project holder or consulting unit is presented with a summary presentation of the report content assessment report, the environmental impact assessment report.

4. The project owner and board members exchange, discuss the unknown issues (if any) of the profile.

5. The protest commissioners and other members of the panel of the appraisal presented the comment.

6. The Secretary of State reads the remarks made by the appointed council members (if any).

7. The delegates attend the opinion statement (if any).

8. The appraisal council may meet separately (due to the presiding officer of the decision) to unify the consensus content of the appraisal council.

9. The presiding officer announced the conclusion of the appraisal council.

10. The appraisal board members have a different opinion with the conclusion of the person who chairs the session given (if any).

11. Speaker of the speech (if any).

12. The presiding over the session announced the end of the session.

What? 30. appraisal of the appraisal council

1. The conclusion of the appraisal panel must specify the following content:

a) The existence of the profile; the requirements, recommendations concerning the completion of the case (if any) are based on the basis of the opinion of the appraisal members;

b) The base of the appraisal of the appraisal in principle is specified at paragraph 2 This, concluding in one (01) of the three (03) levels: through; through with the condition that must be edited, added; not through.

2. The principle of giving the appraisal results:

a) Through without editing, adding: when all the members of the jury attend the session with unanimous appraisal votes through no need to edit, add;

b) Through the required adjustment, addition: when there are at least two thirds (2/ 3) the number of participants in attendance, which required to have at least one (01) Commissioner of the protest, the appraisal votes agree through or through with the required adjustment condition. edit, supplements;

c) Not through: when there is on a third (1/ 3) the number of members of the board to attend the vote is not passed or both (02) The Commissioner of Appeals has a non-pass appraisal.

What? 31. Form and content compile the official session of the appraisal council

1. The official session of the session of the appraisal panel is carried out according to the prescribed pattern at the Fourth Exhibit. The opinion of the project owner, of the council members, of the delegates attending the session must be fully documented, honest in the session ' s session.

2. The official session of the session council must be chaired by the presiding officer and the clerk at the bottom of each page, sign and specify the name, the title in the council on the last page.

Chapter VI

ENVIRONMENTAL PROTECTION PLAN

What? 32. Responsibility to confirm the registration of the environmental protection plan

1. The Department of Natural Resources and Environment confirmed the registration of the environmental protection plan for projects belonging to the specified object at Appendix 5.1 This Information.

2. The District People 's Committee confirmed registration of the project' s environmental protection plan, the production, business, service of the specified object at Clause 1 Article 18 of the number of states. 18 /2015/ND-CP, Except for the object of the Article 1 clause.

3. The People's Committee is reviewed by the People's Committee, authoritated to confirm the registration of the environmental protection plan under its jurisdiction over the project, the production, business, and household size services located on the site of one (01). The authorized text for the Social People's Committee confirmed the registration of the plan for the protection of the environment in accordance with the specified pattern at Appendix 5.2.

4. The management of industrial zones, the manufacturing sector, the economic zone that is regulated by the authorities in Clause 1 and Section 2 This review, the authorization to confirm the registration of the environmental protection plan on investment projects, the business production method, the services and services. case in the industrial zone, the manufacturing sector, the economic zone by regulation at the point of d 1 Article 19 digital decree 18 /2015/NĐ-CP . Text authorship for the Board of Directors of Industrial Areas, Manufacturing Zones, Economic Zone confirmation of the registration of the environmental protection plan implemented by the prescribed form at Appendix 5.3.

What? 33. Profile of the Environmental Protection Plan

1. The registration of a registered environmental protection plan in the jurisdiction of the Department of Natural Resources and Environment:

a) Ba (03) The plan to protect the environment with the cover and request for the content implementation of the corresponding pattern stipulated at the Annex 5.4 and 5.5.

b) A (01) investment report or production method, business, service.

2. The registered environmental protection plan of the jurisdiction confirmation of the registration of the District People's Committee includes:

a) Ba (03) the plan to protect the environment with requirements for structure and content according to the prescribed pattern at Appendix 5.6;

b) A (01) investment report or production method, business, service of the project master.

3. The case of registration of the environmental protection plan at the authorized body, the case is carried out by the regulation corresponding to the registration record at the competent authorities.

What? 34. Confirification of planning for environmental protection

During the ten (10) days of work, since the date of receiving the application for the protection of the environment, the agency receives the responsibility for consideration, confirming the registration of the plan to protect the environment according to the prescribed pattern at Appendix 5.7. The specified case must have a written notice and specify the reason according to the specified pattern at Appendix 5.8.

What? 35. Environmental Protection Plan

1. The responsibility of the project owner, the owner of the manufacturing, business, service, and state agency after the environmental protection plan is confirmed stipulated at the Section 4 Article 19 Digital Protocol. 18 /2015/NĐ-CP.

2. Subject to Regulation 4 Article 33 Environmental Protection Laws must re-register the environmental protection plan. The re-registration, responsibility and deadline of confirmation of the registration of the current implementation environmental protection plan at Articles 32, 33, and 34.

3. The case with a change in the project owner, the owner of the manufacturing, business, services, and the project owner, the new owner responsible for continuing the implementation of the environmental protection plan.

Chapter VII.

EXECUTION AND EXECUTION CLAUSE

What? 36. The transition clause

1. The filing recommended appraisal of a strategic environment assessment; appraisal, approval of the environmental impact assessment report; registration of the commitment to protect the environment; test, validation of the work, environmental protection measures serving the expected operating phase of the project. solved by the competent authority to receive prior to this date the enforcement effect is continued to review the settlement according to the provisions of the Fourth Amendment. 26 /2011/TT-BTNMT July 18, 2011 by the Minister of Natural Resources and Environmental Regulation details some of the provisions of the Fifth Protocol. 29 /2011/NĐ-CP April 18, 2011 of the Government on the assessment of the strategic environment, the assessment of the environmental impact, the commitment to protect the environment, except for the specified records at Clause 2 This.

2. Since April 1, 2015, the authorities have the authority to have the written return of the organization, the individual of the records that have received the environmental administrative procedure for the following cases:

a) The filing recommended appraisal of the strategic environment assessment of the strategy, planning, plan not subject to the regulation subject at the Appendix I Protocol No. 1. 18 /2015/NĐ-CP;

b) The filing of the appraisal, approval of the report assessment report of the project is not subject to the regulation of the specified object at the Appendix II Protocol 18 /2015/NĐ-CP;

c) The filing offer test, validation of the implementation of the work, the environmental protection measure that serves the operation phase of the project is not subject to the regulation of the 4 Annex II Protocol No. 18 /2015/NĐ-CP;

d) The registration of the project's commitment to protect the environment of the project, the production method, business, the service of the specified object at Appendix IV International Protocol 18 /2015/NĐ-CP.

What? 37. Organization to execute

1. The ministry, the peer agency, the Provincial People 's Committee, the District People' s Committee, which is responsible for implementing a report regime on appraisal activities reporting a strategic environment assessment; appraisal operation, approval reporting assessment of environmental impact; activity. registration and examination of the implementation of the environmental protection plan; inspection operation, validation of the environmental protection works by regulation at Article 21 Number of Numerical Decree 18 /2015/NĐ-CP The corresponding pattern stipulated in the Annex 6.1, 6.2, 6.3, 6.4, 6.5, and 6.6.

2. The ministries, peer agencies, the Provincial People 's Department of the Provincial People' s Department of the Specialized Organ as a permanent body judge reporting a strategic environmental assessment, the environmental impact assessment report.

What? 38. Terms of execution

1. Minister, chief agency officer, agency of the Government, Chairman of the People ' s Committee on the Organizational Hierarchy.

2. This message has the enforcement effect since July 15, 2015 and replaces the Digital Information Digital. 26 /2011/TT-BTNMT July 18, 2011 by the Minister of Natural Resources and Environmental Affairs detailed some of the number of quantitative provisions. 29 /2011/NĐ-CP of the Government that regulates the assessment of the strategic environment, the environmental impact assessment, the commitment to protect the environment.

3. In the course of this announcement, if there are difficulties, problems, ministries, industries, local organizations, organizations, individuals promptly reflect on the Ministry of Natural Resources and Environment to guide, study the amendment, complement the ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Minh Quang