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Circular 3/2015/tt-Btnmt: Regulation Of Environmental Protection Project Details, Environmental Protection Project Simple

Original Language Title: Thông tư 26/2015/TT-BTNMT: Quy định đề án bảo vệ môi trường chi tiết, đề án bảo vệ môi trường đơn giản

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DEPARTMENT OF RESOURCES AND ENVIRONMENT
Number: 26 /2015/TT-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 28, 2015

IT ' S SMART

The regulation of a detailed environmental protection project, the project protection of the single-state environment n

________________________

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 suggestion of the Attorney General of the Environment, the Chief of the Legal Affairs.

The Minister of Natural Resources and the Environment of the Ministry of Natural Resources Regulations on the project to protect the details of the environment, the project to protect the simple environment,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information rules out the Third Article 22 Protocol. 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 agencies, organizations, individuals whose activities are related to the establishment, appraisal, approval of the detailed environmental protection scheme (later called the detailed scheme) and the establishment, registration of a simple environmental protection scheme (later called "The Case"). It ' s a simple project.

Chapter II

SET, APPRAISAL, APPROVE AND IMPLEMENT DETAILED PROJECT

What? 3. The Subject must make a detailed project

The manufacturing facility, business, service (later known as the facility) went into operation before April 1, 2015 to scale, the property equivalent to the subject to report an environmental impact assessment specified at Clause 1 Article 12 of the number of digits. 18 /2015/NĐ-CP but there is no decision to approve the environmental impact assessment report and be regulated in the Appendix 1a issued with this message.

What? 4. Court of recommendation, approval of the detailed project

1. One (01) the text of the appraisal proposal, approx the detailed project in accordance with the prescribed form at Annex 2 issued by this message.

2. Seven (07) A detailed project on the prescribed form at Annex 3 issued by this message.

3. A (01) CD recording the content of the detailed project.

What? 5. Consultation on the details project

1. In the course of the detailed project, the owner responsible for sending text accompanying the summary of the main content of the detailed project under the prescribed pattern at Appendix 4 issued this message to the People ' s Committee, the ward, the town (later called off). is the Committee on the Social People's Committee, which performs manufacturing, business, and services of the facility to apply for consultation.

2. During the ten (10) days of work, since the date of receiving the text of the facility owner, the Social People's Committee has a written answer by the prescribed pattern at Annex 5 issued by this Information. In the case, the People's Committee of the People's Committee, which is consulted without a written statement, is considered to be agreed with the contents of the detailed project.

3. The case is needed, the Social People ' s Committee asks the owner of the organization to hold dialogue with the representative community representative on the site on the details of the details; the base holder is responsible for the competent representative to join the dialogue.

4. The cases that do not have to perform the consultation include:

a) The facility located in the industrial zone, the manufacturing sector, the high tech sector, the industrial cluster, the business district, the centralized service that has been approved by the authority to approve the environmental impact assessment report or the detailed project;

b) The facility located on the undetermined sea area specifically is responsible for the administrative management of the Social People ' s Committee;

c) The facility is in secret security, defense.

What? 6. appraisal authority, approve the details project

1. The Department of Natural Resources and Environment, approving the detailed project of the scale of the scale, properties equivalent to the subject must report a regulatory assessment of the environmental impact at Annex III issued by the Digital Protocol. 18 /2015/NĐ-CP; Except for security secrets, defense.

2. The Ministry of Public Security, the Department of Defense of the Appraisal, approx the details of the details of the other facility under the security secret, defence, and basis of its decision, approval; except for the stipulation of the provisions of these Articles.

3. The ministries, peer-to-peer agencies, approve the details of the decision-making facility, their approval; except for the specified case in Clause 1, 2 and 4 This.

4. The Provincial Committee of the Provincial People, the Central Committee of the Central Committee (later known as the Provincial People's Committee), approved the details of the premises on its premises; except for the specified case at 1, 2, 3 Articles.

What? 7. appraisal, approval and deadline of appraisal, approval of detailed project

1. Appraisation, approval of the detailed project that includes the following activities:

a) Rady, evaluate the validity and completething of the appraisal offer, approve the detailed project. The case is not correct, during the non-per-year (05) date of work since the date of receiving the case, the authority has the authority to be determined, approving the written notice to the base owner for the completion;

b) The establishment of the practical examination of the environmental protection industry at the facility. The component of the inspection team consists of: the head of the delegation is representative of the appraisal agency, approved the project, the required case of one (01) vice president; representative of the Department of Natural Resources and Environment where manufacturing, business of the facility (case of detailed project) due to the ministry, the peer-reviewed body, approval, and environmental experts, the area involved in the type of operation of the facility. The decision to establish a prescribed inspection team at Appendix 6 is accompanied by this message.

Test content: The actual test of environmental protection at the facility; measurements, sampling analysis to test the data in the case required. The inspection is conducted when there is a participation of at least two thirds (2/ 3) of the number of members of the inspection corps, including the head of the head corps or vice-chief (when elected by the head of the commission) and the presence of the competent representative of the facility. A member of the inspection team must have a detailed review of the details of the facility. The test results are compiled into the audit. The review of the inspection crew member and the prescribed audit of the prescribed pattern at Annex 7, Appendix 8 issued this message;

c) Collation of information concerning the basis and details of the details of the facility; aggregation, processing of the opinions of the agencies, the relevant expert (if any);

d) A written notice to the base owner of the results appraisal of the details according to one (01) in three (03) the following case: through no revision, the addition of all members to the inspection team has a consent review via unedited consent. edit, supplemally; through with the right condition of editing, the addition is accompanied by a specific requirement of editing, adding when at least two-thirds (2/ 3) the number of members involved in the inspection team has a consent comment through or through with the required adjustment condition. edit, complement; not through a third (1/ 3) the number of members involved in the inspection team with the non-passing comment (stating the reason).

The details of the details of the details have been completed by the owner;

g) Appropriation of the detailed project, the decision to approve the regulation at Appendix 9.

2. After receiving a specified appraisal of the specified appraisal at the Point of One Article, the underlying owner is responsible:

a) The case of the detailed project is passed without editing, complemcated: send three (03) details of the specified detailed sentence at paragraph 2 Article 4 This message is to close the cross to the appraisal agency for approval;

b) The case of the details of the details is passed with the must-edit condition, additional: edit, add the project to the request and send three (03) rules by regulation at paragraph 2 Article 4 This message is closed by a single (01) CD that records the project. edit, the solution text of the editing, adds the project to the competent authority to review, approve. The edit deadline, addition and resending of the maximum competent authority are thirty (30) working days, since the date of the appraisal agency ' s announcement, approx;

c) The case of the details of the details is not passed, resetting the detailed project and sending the authority to be competent to judge, approve. The deadline for reappraisal is subject to regulation in paragraph 3 This Article.

3. The deadline for the appraisal, approval of the detailed project specified as follows:

a) The maximum of forty (40) of working days, since the date of receiving sufficient valid records for the jurisdiction of the jurisdiction, the approval of the regulatory authority at 1, 2, 3 Article 6 This message;

b) A maximum of twenty-five (25) of working days, since the date of receiving sufficient valid records for the jurisdiction of the jurisdiction, the approval of the regulatory authority at Clause 4 Article 6 of this article;

c) The specified deadline at the points a, this paragraph does not include the specified base time by the specified profile at Point 2 This Article.

What? 8. Sign, stamp confirmation and submit detailed details

1. After a decision to approve the details of the details, the agency has the authority to determine, approve the sign, stamp confirmation on the back of the cover page of the project under the prescribed pattern at Annex 10a attached to this message.

2. The responsibility of the appraisal agency, approx:

a) The Ministry of Natural Resources and Environment sent a (01) approval decision accompanying a detailed project submitted to the facility owner; sent a (01) decision to approve the detailed project for the Department of Natural Resources and Environment where the facility has manufacturing operations, business, and business. service;

b) The Ministry of Defence, the Ministry of Public Security to approve the approval and project details have been approved under the separate regulation of security, defence;

c) The ministry, the peer-to-peer agency to submit a (01) approval decision accompanying the details project was approved and confirmed to the facility owner; submitted the decision to approve the details of the details for the Ministry of Natural Resources and Environment and the Department of Natural Resources and Environment. manufacturing, business, services;

d) The Provincial People 's Provincial Committee sent a (01) approval decision accompanying the details proposal was approved and confirmed to the facility owner; submitted the decision to approve the details of the details for the Ministry of Natural Resources and Environment, Department of Natural Resources and Environment, the People' s Commission. District, county, township (later called the District People's Committee) and the People's Committee on the basis of manufacturing, business, and services.

3. The Department of Natural Resources and Environment Department decides to approve the details of the details due to the ministries, the peer-to-peer review and submit to the District People's Committee, the Social People's Committee where the facility has manufacturing operations, business, service.

What? 9. Make the detailed project details after being approved for the uncompleted basis of environmental protection and environmental protection works.

1. The responsibility of the base owner:

a) Investment, construction, renovation of the environmental protection work guarantee that the waste disposal of the national technical standard on the environment in the deadline has been specified at the decision to approve the detailed project;

b) The progress written by the progress of the procedure in accordance with the specified deadline at the decision of approval to the appraisal body, approve the detailed project in accordance with the prescribed pattern at Annex 11 issued by this message to monitor, check,

c) After the complete completion of the required environmental protection work at the decision to approve the detailed project, send the report text complete the entire work to the appraisal agency, approv. Hey!

d) The case with a change in content compared to the project was approved but not to the point of whether to re-establish an environmental impact assessment or a detailed proposal under the current regulations, which must report in writing to the appraisal agency, approve the project project. Well, let's review and comment.

2. The responsibility of the appraisal agency, approx:

a) Track, examination of the implementation of the detailed project due to the approval of the content and the regulatory progress at the decision to approve the detailed project;

b) On the basis of the reporting completion of the facility ' s environmental protection works or to the completion of the completion of the required environmental protection works at the decision to approve the details of the details, the appraisal agency, approval conducted the implementation of the practice. A detailed project under the jurisdiction of the appraisal, approval.

c) The audit content includes: the investment of construction, renovation, operation, handling effectiveness of environmental protection works and environmental protection measures; the process of execution by regulation at the decision to approve the project.

Chapter III

CREATE AND REGISTER SIMPLE PROJECTS

What? 10. The subject must make a simple project

The facility went into operation before April 1, 2015 to scale, properties comparable to the specified object at Clause 1 Article 18 of the digital decree. 18 /2015/NĐ-CP But there is no commitment to protect the environment and to be detailed in the 1b Exhibit issued by this message.

What? 11. The filing recommended for a simple project

1. A (01) text registration of a simple project of the underlying holder of the prescribed pattern at Annex 13 issued by this message;

2. Ba (03) simple project; the case required by the required authority of the competent authority, the owner of the responsibility to submit the addition of the simple number of projects required by the request. The cover, cover, content and structure of the simple project are defined as follows:

a) The basis of registration in the Department of Natural Resources and Environment or the District People's Committee for implementation by regulation at Annex 14a issued with this Information;

b) The basis of registration at the Committee on the Social People's Committee is currently specified in Appendix 14b issued by this message.

What? 12. Authority, the deadline to confirm the application registration is simple

1. The Department of Natural Resources and Environment confirmed the registration of a simple project in the following cases:

a) The facility is located on the site of the 02 districts.

b) The facility located on the sea with waste put into the processing province;

c) The size of the scale, the property equivalent to the subject of the authority to confirm the registration of the environmental protection plan under the regulation of the law on strategic environmental assessment, assessment of environmental impact and environmental protection plans.

2. The District People ' s Committee confirmed the registration of the project simply, except for the specified cases at Clause 1 Article.

3. The Social People ' s Committee confirmed the registration of a simple project when it was authorized by the People's Committee in writing.

4. During the ten (10) days of work, since the date of receiving enough records recommended to confirm a simple project, the authorities have the authority to confirm the degree in accordance with the prescribed pattern at Annex 15 issued by this message. An unconfirmed case, the authorities have the authority to confirm the written notice and specify the reason.

What? 13. Sign, stamp confirmation and send a simple project

1. After a simple scheme has been confirmed to register, the body of the validation is signed and stamped the confirmation on the back of the page ' s cover page of a simple scheme under the prescribed pattern at the Table 10b issued with this message.

2. The agency ' s responsibility to confirm:

a) The Department of Natural Resources and Environment sent a (01) confirmation paper accompanied by a simple project that has confirmed to the facility owner; submit a (01) paper confirmation of the project to the District People's Committee where the facility operates;

b) The District People's Committee sends a (01) confirmation paper accompanied by a simple project that has confirmed to the facility owner; submit a certificate of the project to the Department of Natural Resources and Environment, the Social People's Committee where the facility operates;

c) The Social People's Committee sent a (01) confirmation of the registration with a simple scheme confirmed to the facility owner; submit a (01) confirmation of the project for the District People's Committee.

What? 14. Make a simple project

1. The responsibility of the base owner:

a) The implementation of the requirements for environmental protection in accordance with the content of the simple project has been confirmed registered;

b) The case of environmental incidents, which must stop the operation, implement the remedied measures and announcements immediately to the People's Committee, the District People's Committee where the operational base and the agencies are involved.

2. The agency ' s responsibility to confirm:

a) The implementation of the implementation of the environmental protection requirements under the simple project has been confirmed;

b) Continue and process recommendations on the environmental protection of agencies, organizations, individuals with regard to the environment during the business production of the facility owner.

Chapter IV

EXECUTION AND EXECUTION CLAUSE

What? 15. Financial mode for the establishment, appraisal and approval of the environmental protection project.

The financial regime for the establishment, appraisal, approval, examination of the implementation of the project of detail and the establishment, registration of a simple project is implemented by the rule of law.

What? 16. The transition clause

1. The facility has been approved for details and validation of the completion of the work, the environmental protection measure; the facility that has been confirmed the simple project before this date is effective enforcement, continuing to perform according to the content, the approved request, Confirm.

2. The facility has been approved for details but has not yet been confirmed by the authority to complete the completion of the works, the environmental protection measure before this date is effective enforcement, implementation of regulation at Article 9 of this Notice and not a lake setting. The proposal is to confirm the completion of the work, the environmental protection.

3. The filing of the appraisal, approval of the detailed scheme, registration confirmation of a simple proposal obtained by the competent authority before December 31, 2014 but has not been approved, confirmed before this date of the message being enforced, the practice continues. It is the law at the time of the adoption. This case does not have to set up a proposal for confirmation of the completion of the work, environmental protection against the detailed project but must carry out provisions at Article 9 of this information; for the subject registration subject simple after being confirmed. In addition to the implementation of the requirements, the content of environmental protection is required to implement provisions in this Article 14.

What? 17. Organization to execute

1. The Ministry of Natural Resources and Environmental Affairs Department is the appraisal agency, the Department of Natural Resources and the Environment Ministry of Natural Resources approx details of the jurisdiction of the appraisal, approval.

2. The ministries, peer agencies, the Provincial Committee of the Provincial Committee of the Department of Appraisal, the Ministry, the peer-to-peer agency, the Provincial People's Committee approved the details of the jurisdiction of the jurisdiction, approved.

3. The Department of Natural Resources and Environment, the District People 's Committee, the Social People' s Committee to register a simple project under the confirmation authority.

What? 18. Effect and accountability

1. This message has the enforcement effect since July 15, 2015 and replaces the Digital Information Digital. 01 /2012/TT-BTNMT March 16, 2012 by the Minister of Natural Resources and the Environment for Regulation, appraisal, approval and inspection, confirm the implementation of the detailed environmental protection scheme; set and register the project to protect the simple environment and the Digital Information. 22 /2014/TT-BTNMT May 5, 2014 by the Minister of Natural Resources and the Environment and Regulations and Guide to Digital Protocol 35 /2014/ND-CP April 29, 2014 of the Government amended, adding some of the provisions of the Digital Protocol. 29 /2011/NĐ-CP April 18, 2011 The Government provides for the assessment of the strategic environment, the environmental impact assessment, the commitment to protect the environment.

2. Minister, Vice President of the Ministry of Human Affairs, Chairman of the People's Committee on the Executive Committee of the Executive Committee.

3. In the course of this announcement, if there are issues of difficulties, entangrium, recommended agencies, organizations, individuals in time to reflect on the Ministry of Natural Resources and Environment to study, modify, and complement the appropriate ./.

KT. MINISTER.
Chief.

(signed)

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