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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The CIRCULAR regulates some of the content of the strategic environmental assessment, environmental impact assessment by the Ministry of agriculture and rural development management _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to the law on environmental protection;
Pursuant to the law No. 16/2003/QH11 on 26/11/2003, the law on amendments and supplements to some articles of the Law concerning the basic construction investment of 38/2009/QH12 of Congress;
Pursuant to Decree No. 29/2010/ND-CP dated April 18, 2012 of the Government regulations on strategic environmental assessment, environmental impact assessment, is committed to protecting the environment;
Pursuant to circular No. 26/2009/TT-BTNMT on July 18, 2010 of the Ministry of natural resources and environment, detailing a number of articles of Decree No. 29/2010/ND-CP dated April 18, 2012 of the Government regulations on strategic environmental assessment, environmental impact assessment, is committed to protecting the environment;
At the suggestion of the Director of the science, technology and the environment, the Minister of agriculture and rural development issued circulars stipulated some content about the strategic environmental assessment, environmental impact assessment by the Ministry of agriculture and rural development management.
Chapter I GENERAL PROVISIONS article 1. Scope, application object 1. This circular regulates the construction, evaluation and approval of the outline of the environmental assessment reporting strategy (hereafter abbreviated as SEA report) the strategy, planning, plan; reporting of environmental impact assessment (hereafter abbreviated as EIA report) the investment project; appraisal, approval, reporting opinions of SEA and EIA report by the Ministry of agriculture and rural development management.
2. This circular apply to organizations and individuals related to the work of SEA reporting, the EIA report by the Ministry of agriculture and rural development management (hereafter abbreviated as the Ministry of agriculture and rural development).
3. for the documents on the environment of ODA projects include: the environmental assessment report, the social environmental management framework (ESMF), ethnic minority policy framework (EMPF) and environmental management plans (EMPs)) then the Server project to the Ministry of agriculture and rural development (science, technology and environment) evaluation the approval, made under the provisions of articles 6, 7, 9, 14, 15 of this circular, the provisions of international treaties on ODA and other existing regulations.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The outline plan of SEA, EIA report is the presentation content, workload and cost estimation of SEA reports, EIA report on the basis of the current financial regulations.
2. the project Owner, the unit is The Agriculture and rural development affairs manage the strategy, planning, plan, project.
3. Consulting unit is the organization with legal personality, has sufficient capacity and experience implementing and operating under the provisions of the law are the owners of SEA reporting rental project, the EIA report in accordance with the current legislation.
4. project strategies, planning, plan, project by the Ministry of agriculture and rural development management.
5. permanent evaluation Agency is the State Agency is the Ministry of agriculture and rural development of communication applications and evaluation organization.
Article 3. Permanent evaluation body 1. The General Directorate of Ministry of agriculture and rural development is the permanent agency appraisal the EIA report of the project related to the specialization of duties in General by the Minister of agriculture and rural development approved and delegated management, implementation (except for the project by the General Directorate of directly master project).
2. Science, technology and the environment is the permanent agency evaluation reports of SEA, EIA report by the Ministry of agriculture and rural development management (except for the projects specified in clause 1 of this article).
Chapter II formulation, appraisal, APPROVAL of the OUTLINE REPORTS of SEA, EIA REPORT article 4. The time to build the outline reports of SEA, EIA reports 1. The time of the construction of SEA reports outline is done simultaneously with the establishment of the outline of the strategy, planning, planning.
2. time to build the outline of EIA reports are done concurrently with the establishment of the investment project outline (feasibility study report).
Article 5. Build, verify and approve reports of SEA, EIA reports 1. Building outline: Home building organization project outline according to the form prescribed in annex I, annex II attached to this circular.
2. outline of evaluation: a) for SEA reports outline: host project Owner evaluators outline.
b) to outline of EIA reports: Home Organization projects appraised according to the regulations on the management of investment projects in construction.
3. Approve: a) for SEA reports outline: the Minister of agriculture and rural development approved the outline of SEA reporting the general planning of the whole industry, planned diversified field of the Ministry of agriculture and rural development management.
General Director, Director reports outline approval of SEA the specialized planning, specialized in the field by the General Directorate, the Directorate of this specialized Ministry of agriculture and rural development management.
b) to outline of EIA reports: follow the rules of project management in construction investment.
4. within ten (10) working days from the date of the outline is approved, the projects of decision approving outline of attached to the Ministry of agriculture and rural development (permanent evaluation body are specified in article 3 of this circular) to sum up the track, check done.
Chapter III appraisal, REPORTING opinions of SEA section 1 APPRAISAL REPORT of SEA UNDER the JURISDICTION of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT article 6. Records suggest that the evaluation report suggested record SEA appraisal of SEA reports sent to permanent agency evaluation as specified in the item 2, 3, 4 Article 5 of the circular No. 3/2011/TT-BTNMT on 18/7/2010 of the Ministry of natural resources and environment, detailing a number of articles of Decree No. 29/2010/ND-CP dated 18/4/2011 the Government's rules on reviews the environment strategy, environmental impact assessment, is committed to protecting the environment (hereinafter referred to as the circular No. 3/2011/TT-BTNMT).
Article 7. Check records, evaluation and announcement of results 1. Check the profile: a) the case documents, permanent evaluation agency established the Council of appraisal and evaluation organization;
b) invalid records case, within a period of five (5) working days from the date of receiving the application, the permanent agency evaluators must notify in writing to the project Owner to edit additional profile,.
2. Authority is established and operating according to the provisions in Chapter 4 Circular No. 3/2011/TT-BTNMT.
3. Announcement of results the evaluation a) during the period of five (5) working days from the date of the end of the meeting of the Council, permanent evaluation agency notified in writing about the results of the evaluation for the project, including the case of authority not through SEA reports;
b) after receiving the notice of assessment results, the project Owner has the responsibility to assess opinion in accordance with article 7 circular No. 3/2011/TT-BTNMT;
c) When receiving records of SEA reports were edited, additional, permanent agency review appraisal reports of SEA, if not yet satisfactory, continue to submit project proposal text edit, perfect.
Article 8. Report results evaluation reports of SEA and stored profile 1. Permanent evaluation agencies send report results evaluation for competent authority approval of the strategy, planning, planning within a maximum of fifteen (15) working days from the date of receiving the report records of SEA has been perfected by the project Owner. The profile reports the results of the appraisal are: a) writing assessment results report environmental assessment report implementation strategy according to the form prescribed in annex 1.9 number attached to circular No. 3/2011/TT-BTNMT;
b) One (1) copy of the text of the explanation about the project receiving the opinion of the agency evaluation reports of SEA.
2. save the record in the permanent agency evaluation consists of the following documents: a) the suggested evaluation profile;
b) records relating to authority;
c) record journalist results evaluation.
Article 9. Content expenses evaluation report the SEA 1. Perform due diligence expenses as specified in circular No. 45/2010/TTLT-BTC-BTNMT on October 30, 2010 of the Ministry of finance and natural resources and the environment cost management guide to environmental careers and the current text is relevant.
2. Sources of expenses evaluation taken from funding annual environmental career.
Section 2 SEA REPORT NOT opinions in APPRAISE JURISDICTION of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT article 10. Record comments in writing for the report evaluation of the jurisdiction of SEA the Ministry of agriculture and rural development 1. With regard to the report of the evaluation jurisdiction SEA Ministry of agriculture and rural development, the project Owner must send reports of SEA to the science, technology and the environment to take the comments in writing before the competent authorities assess was prescribed in clause 1 article 7 of Decree 29/2011/ND-CP dated 18/4/2011 the Government's environmental assessment regulations strategies, environmental impact assessment, is committed to protecting the environment (hereinafter referred to as the Decree No. 29/2010/ND-CP).
2. The record of written opinions include: a) dispatch please comments about SEA reporting of the project;
b) One (1) report the SEA bound book with form of cover, extra cover page and ask about the structure, content, follow the form prescribed in annex 1.2 and 1.3 Appendix attached to circular No. 3/2011/TT-BTNMT;
c) One (1) of the draft text, planning, strategic plan.
Article 11. Process, the time limit the written opinions with respect to the report of the evaluation jurisdiction of SEA the Ministry of agriculture and rural development 1. After receiving the proposed profile for comments with regard to the report of the project Owners of SEA, the science, technology and environment, proceed to check the records. Case records are not enough or not valid, within five (5) working days from the date of receiving the application, the science, technology and the environment announced in writing to the owner of the project to complete the profile.

2. in case of a valid profile, within seven (7) working days from the date of receiving the application, the science, technology and the environment have comments written about SEA reports sent Home project. The text for comments on the report of SEA follow the form prescribed in annex III attached to this circular.
3. On the basis of the text contribute to the comments of the science, technology and the environment, the responsible organization project edit, Supplement to improve the records before the competent authorities appraise (prescribed in clause 1 article 7 of Decree 29/2010/ND-CP).
4. within ten (10) working days from the date of the report SEA be competent State agencies finish assessment, project Owners submit a copy of the report results evaluation report attached to the SEA about science, technology and environment to aggregate tracking, check done.
Chapter IV appraisal, APPROVAL, EIA REPORT poll Item 1 EIA REPORT EVALUATION JURISDICTION EVALUATION and APPROVAL of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT, article 12. Recommended records appraisal the EIA Report Server project created and send suggested appraisal the EIA report on the permanent agency appraisal, records include: 1. The text proposed evaluation of EIA reports follow the form prescribed in annex 2.3 attached to circular No. 3/2011/TT-BTNMT.
2. Seven (7) the EIA report of the project by Vietnamese. Forms of cover, extra cover page; the structure and content requirements of the EIA report established according to the model defined in annex 2.4 and 2.5 attached to circular No. 3/2011/TT-BTNMT.
3. One (1) copy of the investment project (feasibility study report).
4. Other documents specified in clause 4, Clause 5 article 13 circular No. 3/2011/TT-BTNMT (if available).
Article 13. Check, notice of application, a fee of 1. Case records are not enough or not valid, within five (5) working days from the date of receiving the application, the permanent agency appraisal notice in writing to the owner of the project to complete the profile.
2. in case of a valid profile, permanent agency appraisal in writing notify the project Owner filed the charge evaluation. The level of charge appraisal done in Expression level of charge appraisal report of environmental impact assessments attached to circular No. 218/2009/TT-BTC on December 29, 2010 of the Ministry of Finance on the level of currency, currency, payment and management using fee appraisal report of environmental impact assessment (hereinafter referred to as the circular No. 218/2009/TT-BTC).
Article 14. The EIA report evaluation organization 1. Authority a) Authority is established and operating according to the provisions in Chapter 4 Circular No. 3/2011/TT-BTNMT;
b) in the case of need, the permanent agency evaluators can conduct the activity specified in clause 4, article 18 of Decree 29/2011/NĐ-CP dated. 2. Announcing the results of the assessment of permanent evaluation agency within five (5) working days from the date of the end of the meeting, the permanent agency evaluation informed in writing about the results of the evaluation for the project, including the case of authority not through the EIA report.
3. Processing the results of a project evaluation) after receiving the notice of assessment results, the project undertook to edit, add, improve the EIA report as specified in article 15 circular No. 3/2011/TT-BTNMT and sent on a permanent evaluation Agency;
b) project Owner must consider and integrate to the fullest extent possible the recommendations under the environmental perspective into the content project.
Article 15. The authority to approve, endorse and keep records of EIA report 1. The authority approved the EIA report a) Ministry of agriculture and rural development approved the EIA report by the science, technology and environment, chaired the evaluation;
b) Directorate for approval of the EIA report by the General Directorate chaired the evaluation.
2. Approval of the EIA report, attested a) case reports of EIA is adapted to meet the requirements of permanent evaluation Agency, the Ministry of agriculture and rural development approved within a period of fifteen (15) working days from the date of receipt of a valid application;
b) heads of permanent evaluation Agency confirms endorsement after the cover or the cover of the report approved in the form prescribed in Appendix 2.7 attached to circular No. 3/2011/TT-BTNMT.
c) The EIA report was endorsed, approved EIA reports decisions made according to the provisions in clause 2 article 21 of Decree 29/2010/ND-CP within fifteen (15) working days from the date of approval of the EIA report.
3. Records are kept in the permanent agency evaluation consists of the following documents: a) the suggested evaluation profile;
b) records relating to authority;
c) decided to approve the attached original reports are approved.
Article 16. Content expenses evaluation 1. Perform due diligence expenses as specified in circular No. 218/2009/TT-BTC.
2. Sources of expenses evaluation fee revenues from the evaluation.
Article 17. The work climate appraisal 1. Public information about the project under article 22 of Decree 29/2011/NĐ-CP dated. 2. Check to confirm the implementation of public works, environmental protection measures before putting into operation project implement under Chapter 5 circular No. 3/2011/TT-BTNMT.
Section 2 EIA REPORT NOT opinions in APPRAISE AUTHORITY and APPROVAL of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT, Article 18. Record comments in writing for the EIA report is not authorized in the evaluation and approval of the Ministry of agriculture and rural development 1. The project owner must submit the EIA report profile to the Service of science, technology and the environment to take the comments in writing before the competent bodies evaluators are specified in paragraph 2, to article 18 Decree No. 29/2010/ND-CP. 2. Profile comments include: a) dispatch please comments on the EIA report of the project;
b) A (01) the EIA report of the project. Forms of cover, extra cover page; the structure and content of the requirements to report environmental impact assessment carried out according to the model defined in annex 2.4 and 2.5 attached to circular No. 3/2011/TT-BTNMT;
c) A (01) a project (feasibility study report);
d) other documents specified in clause 4, Clause 5 article 13 circular No. 3/2011/TT-BTNMT (if available).
Article 19. Processes, deadlines and document for EIA report is not authorized in the evaluation and approval of the Ministry of agriculture and rural development 1. After getting the records retrieved comments for EIA report of the project, the science, technology and environment, proceed to check the records. Case records are not enough or not valid, within five (5) working days from the date of receiving the application, the science, technology and the environment must be reported in writing to the owner of the project to complete the profile.
2. in case of a valid profile, within seven (7) working days from the date of receiving the application, the science, technology and the environment of the opinion in writing on the EIA report submitted to project Owners. The text for comments on the EIA report made according to the form prescribed in annex III attached to this circular.
3. On the basis of the text contribute to the comments of the science, technology and the environment, the project Owners have a responsibility to the Organization to edit additional profile is complete, before the competent State body evaluation.
4. After the EIA report is approved, the project Owner submitted a decision of approval 01 (copy) accompany the EIA report has been attested to the science, technology and environment to aggregate tracking, check done.
Chapter V IMPLEMENTATION and ENFORCEMENT of the TERMS of article 20. Implementation 1. Science, technology and the environment is responsible for guiding implementation of the provisions of this circular; General, report the results of the annual implementation of the Minister of agriculture and rural development approved by the Ministry of natural resources and the environment.
2. The Directorate is responsible for the evaluation and assessment results report, the result of using evaluation funding posted on Science, technology and the environment before the 25th of December every year.
Article 21. Terms of implementation 1. This circular effect since May 11, 2014.
2. During the implementation process, if there are problems, organized, timely, personal reflections on the Ministry of agriculture and rural development (through science, technology and environment) to study additional amendments./.