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Circular 9/2014/tt-Bnnpttn: Some Of The Content Of The Strategic Environmental Assessment, Environmental Impact Assessment By The Ministry Of Agriculture And Rural Development Management

Original Language Title: Thông tư 09/2014/TT-BNNPTTN: Quy định một số nội dung về đánh giá môi trường chiến lược, đánh giá tác động môi trường do Bộ Nông nghiệp và Phát triển nông thôn quản lý

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AGRICULTURE AND RURAL DEVELOPMENT
Number: 09 /2014/TT-BNPTTTN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 26, 2014

IT ' S SMART

Q specify a number of content on strategic environmental assessment, environmental impact assessment and environmental impact.

B There. N He's in Pl They ' re going to go to the What?

__________________

Base of Decree One. 99 /2013/NĐ-CP November 26, 20 1 3 of the Government to define functions, duties, powers and muscles. All A socket Department of Agriculture and Development. Oh. n rural;

Environmental Protection Act;

The Building Law Building. 16 /2003/QH11 November 26, 2003, The Amendment Law, which complements some of the provisions of the laws relating to the digital building investment. 38 /2009/QH12 of the National Assembly;

Base of Decree Stain. 29/201 1 /ND-CP April 18, 2011 Government of q U Go back. Ah! Battle environment price l -Yeah. Ah! What? Ah! the environmental impact, the commitment to protect the environment;

Base of Information Stain. 26 /2011/TT-BTNMT 18th 18th Ah! 7 in 2011 of the Ministry of Natural Resources and Environment i Some of the things of the Decree. Stain. 29/201 1 /ND-CP April 18, 2011 of the Government Regulation of strategic environmental assessment, the government. Ah! Environmental impact price, environmental protection. to Yeah.

At the suggestion of the Chief of Science, Technology and the Environment,

The Minister of Agriculture and Rural Development issued the Prescribed Size a s. Stain. the content of the Ah! What? Ah! Strategic environment, Ah! Environmental impact price due to the Ministry of Agriculture and Development deployed It ' s rural. What? .

Chapter I

GENERAL REGULATION

What? 1. The tuning range, subject

1. This information specifies the construction, appraisal and approval of the strategic environmental assessment (later abbreviated as the BMC report) strategies, planning, planning, and environmental impact assessment (later abbreviated as the report). The investment projects; the appraisal, approval, approval of the DMC report and the EIA report by the Ministry of Agriculture and Rural Development.

2. This information applies to organizations, individuals associated with the construction of the HMC report, the EIA report administered by the Ministry of Agriculture and Rural Development (later abbreviated as the Ministry of Agriculture and PTNT).

3. For the environmental documentation of the ODA project including: environmental assessment report, social environmental management framework (ESMF), minority ethnic policy framework (EMPF) and environmental management plan (EMPs)) the Ministry of Agriculture and PTNT program projects. (Department of Science, Technology and Environment) appraisal, approx implementation at Articles 6, 7, 9, 14, 15 of this Smart, the provisions of the International Convention on ODA and other regulations present.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. Fuck! Okay. Erm l shutter Ah! o Fox News Ah! o ĐTM is the content theory, volume of work, and funding accounting for the HMC report, the TTM report on the basis of existing financial regulations.

2. The project owner is the agency, the unit was entrusted by the Ministry of Agriculture and PTNT to strategic strategies, planning, planning, project.

3. Consulting unit is the organization that has a legal status, has sufficient capacity and experience to implement and operate under the provisions of the legislation being hired by the Chair of the RMC report, the DTM report by the law of the present law.

4. Project are strategies, planning, planning, projects led by the Ministry of Agriculture and PTNT.

5. Normal Permanent Agency is the state governing body assigned by the Ministry of Agriculture and PTNT to receive records and organization of the appraisal.

What? 3. Permanent Permanent Authority

1. The Presidents of the Ministry of Agriculture and PTNT are the Permanent Authority to report the EIA of projects related to the specialized sector of the Directorate by the Minister of Agriculture and PTNT, which is approved by the Minister of Agriculture and PTNT. project due to the Presidents Direct to the Project).

2. The Department of Science, Technology and Environment is the permanent body of reporting the DMC report, the DTM report administered by the Ministry of Agriculture and PTNT (except for the specified projects at 1 Article).

Chapter II

CONSTRUCTION, APPRAISAL, APPROVAL OF THE DMC REPORT, REPORT

What? 4. The timing of the construction of the DMC report, the TTM report

1. The timing of the creation of the DMC report was made simultaneously with the time of strategic planning, planning, planning.

2. The timing of the creation of the EIA report was made simultaneously with the time of the creation of the investment project (the feasibility study report).

What? 5. Construction, appraisal and approval proposal to report the DMC report, TTM report

1. Build a theme:

The project owner builds a proposal under the prescribed pattern at Annex I, Annex II issued by this message.

2. Judge:

a) For the proposal to report the DMC report: The presiding project presiding over the proposed appraisal.

b) For the creation of the EIA report: The organization project organizes the organization under the provisions of project management investment project management.

3. Approx:

a) To the RMC report.

The Minister of Agriculture and PTNT approved the proposal to report the DMC report for full-sector aggregation planning, multidisciplinary planning, multisector of the Ministry of Agriculture and PTNT management.

The Secretary General, the Secretary of State approved the planning of the DMC report, majorated by the Directorate General, the Department of Agriculture, and the PTNT.

b) For the creation of the EIA report: Implemections on the regulations governing the investment project construction project.

4. During the ten (10) days of work, since the day of the approval was approved, the project owner sends the approval of the approval accompanying the proposal to the Ministry of Agriculture and PTNT (the permanent body specified in Article 3 of this Information) for a total tracking, Check it out.

Chapter III

APPRAISAL, COMMENT.

Item 1

AUTHORITY REPORT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

What? 6. File recommended to report BMC report

The filing recommended that the DMC report to submit the Permanent Court by regulation at paragraph 2, 3, 4 Article 5 of the Digital Information. 26 /2011/TT-BTNMT July 18, 2011 of the Ministry of Natural Resources and Environmental Regulation details some of the provisions of the Digital Protocol 29 /2011/NĐ-CP April 18, 2011 of the Government Regulation on Strategic Environment assessment, environmental impact assessment, environmental protection commitment (later called Digital Digital) 26 /2011/TT-BTNMT).

What? 7. Check out records, appraisal and notice results

1. Check the profile:

a) A valid case case, the permanent body appraisal of the Council of Appraisal and the organization of the appraisal;

b) The case case is not valid, during the time of the year (05) the work date, since the date received the case, the specified permanent body must be notified by the text for the project owner to edit, add the profile.

2. The appraisal council is established and operates under the regulation at Chapter 4 Digital. 26 /2011/TT-BTNMT.

3. appraisal results notice

a) During the time of the year (05) working day, since the end of the Council meeting of the appraisal, the permanent body is determined to inform in writing of the appraisal results for the project, including the case of the Board of Appeals not through the DMC report;

b) After receiving a appraisal of the results notice, the project owner is responsible for the reception of the appraisal opinion under the regulation at Article 7 Digital 26 /2011/TT-BTNMT;

c) When you receive an edited, additional, permanent body report, the Permanent Authority review of the DMC report, if not required, continues to submit a written, complete, revised, revised project topic.

What? 8. Report results report of the DMC report and file retention

1. The Permanent Authority specifies the filing of the appraisal results report for the authority with the authority to approve the strategy, planning, plan in the maximum period of fifteen (15) working days, since the date of receiving the completed DMC report records. Project owner. Case report results report:

a) The text report results appraisal of the assessment of the strategic environment implementation of the prescribed form at Appendix 1.9 issued in accordance with the Digital Information. 26 /2011/TT-BTNMT;

b) One (01) the text copy of the Chair of the Project Project on the reception of the opinion of the agency reporting the DMC report.

2. Save the profile at the specified permanent body that includes the following documents:

a) Profile of the appraisal;

b) The case with the appraisal Council;

c) The report results in the appraisal results.

What? 9. Content for the work appraisal report

1. Do the details for the prescribed appraisal in the Digital Federal Information 45 /2010/TTLT-BTC-BTNMT March 30, 2010 by the United Ministry of Finance and Natural Resources and Environmental Career Management Guide Environment and Current existing documents.

2. The source for the appraisal job comes from an annual environmental career funding.

Item 2

TAKE THE OPINION OF THE DMC REPORT NOT UNDER THE JURISDICTION OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

What? 10. The filing of written opinion on the DMC report is not under the jurisdiction of the Ministry of Agriculture and PTNT.

1. For the DMC report not under the jurisdiction of the Ministry of Agriculture and PTNT, the project owner must send the DMC report records to the Department of Science, Technology and Environment to take a written opinion before the authorities have the appraisal authority prescribed at the site. No. 1 Article 7 of the number. 29 /2011/NĐ-CP April 18, 2011 of the Government Regulation on Strategic Environment assessment, environmental impact assessment, environmental protection commitment (later called the Digital Protocol) 29 /2011/NĐ-CP).

2. Text-based comments include:

a) The public opinion of the project's DMC report;

b) A (01) The DMC report is closed into the book with the cover form, the cover page and the requirements for the structure, the content that performs on the prescribed pattern at Annex 1.2 and Annex 1.3 issued by the Digital Information 26 /2011/TT-BTNMT;

c) A (01) strategic text draft, planning, plan.

What? 11. Process, the period of written opinion on the DMC report is not under the jurisdiction of the Ministry of Agriculture and PTNT.

1. After receiving the recommended profile for the opinion on the project ' s DMC report, the Department of Science, Technology and the Environment conducted the filing of the profile. The case case is not enough or not valid, during the year (05) day of work, since the date of receiving the filing, the Department of Science, Technology, and the Text-written Information Environment for the Project Owner to complete the profile.

2. The valid case case, in the time of seven (07) working days, since the date of receiving the filing, the Department of Science, Technology and the Environment has a written opinion on the DMC report to the Project Host. The text for the comment on the DMC report is based on the prescribed pattern at Annex III issued by this message.

3. On the basis of an opinion document basis by the Department of Science, Technology and the Environment, the project owner is responsible for the organization of editing, complements to complete the profile before the agency has the appraisal authority (stipulated at 1 Article 7 Digital Protocol). 29 /2011/NĐ-CP).

4. During the ten (10) days of work, since the date of the DMC report being appointed by the state authority, the project owner sends copies of the report results to the appraisal results report on the Department of Science, Technology and Environment for the synthesis of tracking, testing. All right, look.

Chapter IV

APPRAISAL, APPROVAL, COMMENT

Item 1

JURISDICTION TO REPORT APPRAISAL AND APPROVAL OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

What? 12. File recommended to report TTM report

The project owner and the filing recommended that the DTM report on the permanent body of the appraisal, the records include:

1. Text of the recommended appraisal of the DTM reporting execution pattern at Appendix 2.3 issued by Digital Information 26 /2011/TT-BTNMT.

2. Seven (07) The TTM report of the project in Vietnamese. The cover form, the cover page; the structure and requirements for the content of the DTM report, set by the regulations at the 2.4 and 2.5 Appendix issued by the Digital Information 26 /2011/TT-BTNMT.

3. A (01) investment project (feasibility study report).

4. Other texts stipulate at paragraph 4, Clause 5 Articles 13 Digital 26 /2011/TT-BTNMT (if any).

What? 13. Check, report on record, toll

1. The case case is not enough or not valid, during the time of the year (05) working days, since the date of receiving the file, the Permanent Authority defines a written notice to the project owner to complete the profile.

2. The valid case case case, the specified permanent body has the notification text for the Appraisal Charge Topic. The rate of the appraisal execution by the appraisal of the appraisal report appraisal of the issued environment impact by Digital Information 218 /2010/TT-BTC December 29, 2010, of the Ministry of Finance on the regulation of revenue, revenue, filing, and management of the use of the appraisal charges report the environmental impact assessment (the following call for Digital) 218 /2010/TT-BTC).

What? 14. The organization for the EIA report

1. The Council of appraisers

a) The Council of appraisers is established and operates under the regulation at Chapter 4 Digital 26 /2011/TT-BTNMT;

b) In case of necessity, the permanent body of authority may proceed with regulatory activities at paragraph 4, Article 18 of the Digital Protocol. 29 /2011/NĐ-CP.

2. Notice the appraisal results of the permanent body.

During the period of the year (05) working day, since the end of the meeting, the permanent body is to specify a written notice of the appraisal results for the project owner, including the case of the Council of Appeals not through the TTM report.

3. Processing the appraisal results of the Project Host

a) After receiving the appraisal of the appraisal results, the project owner conducts editing, complements, fining the DTM report by regulation at Article 15 Digital Digital. 26 /2011/TT-BTNMT and send to the permanent body of the appraisal;

b) The project owner must consider and the cage to maximum can be recommended below the environment perspective on the project content.

What? 15. Authority approval, endorsement and retention of the EIA report records

1. Authority approval of the EIA report

a) The Ministry of Agriculture and PTNT approved the EIA report conducted by the Department of Science, Technology and Environment;

b) The Directorate of Approval of the EIA report is due to the presiding judges.

2. Approvation, DTM report

a) The case of the EIA report is corrected in response to the request, the Permanent Authority to process the Ministry of Agriculture and PTNT approved in the fifteen (15) days of work, since the date of a valid date of valid;

b) Permanent agency chief authority to confirm the testimony following the cover or the cover of the report which was approved by the prescribed template at Appendix 2.7 issued with the Digital Notice. 26 /2011/TT-BTNMT.

c) The submission of the DTM report has been corroborated, the decision to approve the TTM report performed by regulation at paragraph 2 Article 21 Digital Protocol 29 /2011/NĐ-CP in the fifteen (15) days of work, since the date of the TTM report.

3. The profile is stored at the specified permanent body consisting of the following documents:

a) Profile of the appraisal;

b) The case with the appraisal Council;

c) The approval is accompanied by the approved report itself.

What? 16. Content expense content

1. Do the details for the prescribed appraisal in the Digital Notice 218 /2010/TT-BTC.

2. The source for the appraisal work from the source of the appraisal fee.

What? 17. appraisal work

1. Public information on the project under Article 22 Digital Protocol 29 /2011/NĐ-CP.

2. The test confirmed the implementation of the work, the environmental protection measure before taking the project into operation execution by Chapter 5 Digital News. 26 /2011/TT-BTNMT.

Item 2

REPORT NOT TO AUTHORITY APPRAISAL AND APPROVAL OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

What? 18. The filing of written opinion on the DTM report is not under the jurisdiction and approval of the Ministry of Agriculture and PTNT.

1. The project owner must submit the DTM report records to the Department of Science, Technology and the Environment to take a written opinion before the authorities have the appraisal authority stipulated at Section 2, Article 18 Digital Protocol. 29 /2011/NĐ-CP.

2. The profile is included:

a) The public opinion of the project's EIA report;

b) One (01) the DTM report of the project. The cover form, the cover page; the structure and requirements for the content of the report review the environmental impact on the prescribed pattern at the 2.4 and 2.5 Appendix issued by Digital Information. 26 /2011/TT-BTNMT;

c) A (01) investment project (feasibility study report);

d) Other texts stipulate at paragraph 4, Clause 5 Articles 13 Digital 26 /2011/TT-BTNMT (if any).

What? 19. Process, the deadline for opinion and filing retention on the DTM report is not under the jurisdiction and approval of the Ministry of Agriculture and PTNT.

1. After receiving an opinion file for the EIA report of the Project Host, the Department of Science, Technology and the Environment conducted the filing of the profile. Case case is not enough or not valid, during the year (05) of working days, since the date of receiving the case, the Department of Science, Technology and the Environment must inform the Master of the project to complete the profile.

2. The valid case case, in the time of seven (07) working days, since the date of receiving the filing, the Department of Science, Technology and the Environment has a written opinion on the DTM report to the Project Host. The text for the comment on the DTM report is based on the prescribed pattern at Annex III issued by this message.

3. On the basis of the opinion text of the Department of Science, Technology and the Environment, the Project Owner has the responsibility of organizing the editing, the addition of the completion of the case before the state agency has the authority to be appointed.

4. After the TTM report was approved, the project owner sent 1 Decision to approve (the copy) accompanied by the TTM report which was attuned to the Department of Science, Technology and Environment for the synthesis of tracking, execution checks.

Chapter V.

EXECUTION AND EXECUTION CLAUSE

What? 20. The organization performs

1. Science, Technology and the Environment is responsible for organizing the organization to implement the provisions of this Information; in aggregation, the report results in the results of the annual implementation of the Ministry of Agriculture and PTNT approved of the Ministry of Natural Resources and Environment.

2. The Presidents have the responsibility for appraisal and report of the appraisal, the results that use the funding of the appraisal sent to the Science, Technology and Environment prior to December 25 annually.

What? 21. Terms of execution

1. This message has been in effect since 11 May 2014.

2. During the execution, if there is an entangriation, organization, individual timely reflection of the Ministry of Agriculture and PTNT (through the Department of Science, Technology and the Environment) for the study of the amendment, the addition ./.

KT. MINISTER.
Chief.

(signed)

The National Business