Circular 3/2011/tt-Btnmt: 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 ...

Original Language Title: Thông tư 26/2011/TT-BTNMT: Quy định chi tiết một số điều của Nghị định số 29/2011/NĐ-CP ngày 18 tháng 4 năm 2011 của Chính phủ quy định về đánh giá môi trường chiến lược, đánh giá tác động môi ...

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CIRCULAR 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of NATURAL RESOURCES and the ENVIRONMENT pursuant to the law on environmental protection on November 29, 2005;
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 Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment has been modified and supplemented in the Decree No. 19/2010/ND-CP on March 5th 2010 and Decree No. 89/2010/ND-CP on August 16, 2010;
Pursuant to decision No. 130/2004/QD-TTg on September 30, 2008 of the Prime functions, tasks, powers and organizational structure of the General Directorate of the Environment Ministry of natural resources and the environment;
At the suggestion of the General Director of the Environmental Bureau, Director of legislation, REGULATIONS: chapter I GENERAL PROVISIONS article 1. Scope this circular 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 (hereinafter referred to as the Decree No. 29/2010/ND-CP).
Article 2. Application object 1. This circular applies to agencies, organizations, individuals with related activities: a) strategy, planning, the plan provided for in article 3 of Decree 29/2010/ND-CP;
b) project prescribed in clause 1 article 12 of Decree 29/2010/ND-CP;  
c) project, proposed manufacturing operations, business services, the provisions of article 29 of Decree 29/2010/ND-CP;
d) project was put into operation after July 1, 2006 have been authorized to grant approval decision report reviews the environmental impact has not been granted the certification has made the content of the report and the requirements of the decision approving the report on environmental impact assessment.
2. This circular does not apply to the evaluation of the report reviews the environmental impact through assessment service organization.
Chapter II REVIEWS the ENVIRONMENT Strategy 3. The object implementing strategic environmental assessment and make strategic environmental assessment 1. The object must implement strategic environmental assessment and forms of expressing environmental assessment strategies are defined in paragraph 1, item 2, item 3 article 3 and part C of annex I to Decree No. 29/2010/ND-CP DATED. 2. The object specified in clause 5 of article 3 of Decree 29/2010/ND-CP options form self made strategic environmental assessment.
3. Object the strategic environmental assessment the details specified in section C of annex I to Decree No. 29/2010/ND-CP follow form by Congress, the Government, the Prime Minister directed. The case in the text direction of the National Assembly, the Government, the Prime Minister does not ask specifically about forms implementing strategic environmental assessment details, Ministry of natural resources and environment is responsible for guiding implementation forms the strategic environmental assessment details.
Article 4. Reporting strategic environmental assessment 1. The time of implementation of strategic environmental assessment and the requirements on the use of the results of the strategic environmental assessment are defined in article 4 of Decree 29/2010/ND-CP.
2. host agency strategy, planning, planning (hereinafter the project) subject to the provisions of paragraphs 1 and 3 of article 3 of this circular are responsible for reporting strategic environmental assessment and the Agency has the authority to organize the evaluation.
Article 5. Recommended records appraisal reports strategic environmental assessment 1. The project owner of the objects specified in clause 2 4 of this circular are responsible to send the proposal evaluation report strategic environmental assessment under the provisions of clause 2, 3 and 4 of this agency to organize the evaluation report strategic environmental assessment prescribed in clause 1 6 of this circular.
2. proposed evaluation profile reports strategic environmental assessment in the form of detailed reports include: a) A (01) text recommended evaluators follow the form prescribed in annex 1.1 of this circular.
b) nine (9) environmental assessment report detailed strategy in the form of a separate report of the strategy, planning, the plan was to close the book with this form of cover, extra cover page and ask about the structure, content, follow the corresponding model provisions in Appendix 1.2 and annex 1.3 of this circular;
c) nine (9) the draft text of the strategy, planning, plan;
d) where the number of Board members appraise more than nine (9) persons, or in the case of other necessary at the request of the evaluation, the project provides additional environmental assessment report strategy and draft writing strategies, planning, plan compared to the number of documents specified in points b and c of this paragraph.
3. proposed evaluation profile reports strategic environmental assessment details integrating in the strategy report, planning, plans include: a) A (01) text recommended evaluators follow the form prescribed in annex 1.4 this circular;
b) nine (9) the draft text of the strategy, planning, planning has been integrating the content report strategic environmental assessment details. Asked about the structure and contents of environmental assessment report detailed strategies mainstreamed in the strategy report, planning, plans to follow the form prescribed in annex 1.5 this circular;
c) where the number of Board members appraise more than nine (9) persons, or in the case of other necessary at the request of the evaluation, the project provides more draft strategy, planning, plan compared to the amount specified in point b of this paragraph.
4. proposed evaluation profile reports strategic environmental assessment brief include: a) A (01) text recommended evaluators follow the form prescribed in annex 1.6 this circular;
b) five (5) the draft text of the strategy, planning, planning has been integrating environmental assessment report strategy of exhaustion. Asked about the structure and content of the report reviews the environment brief strategy mainstreamed in the strategy report, planning, plans to follow the form prescribed in Appendix 1.7 of this circular.
5 project of the object prescribed in clause 2 of article 3 of this circular are not established recommended records appraisal reports strategic environmental assessment.
Article 6. Organization of appraisal report strategic environmental assessment 1. Competent appraisal report strategic environmental assessment prescribed in clause 1 article 7 of Decree 29/2011/NĐ-CP dated. 2. The evaluation of the environmental assessment report implementation strategy through the authority. The Organization and activities of the Council of the appraisal report strategic environmental assessment provisions in Chapter 4 of this circular.
3. The time limit for the evaluation report strategic environmental assessment provisions in article 8 of Decree 29/2010/ND-CP.
4. the report key strategic environmental assessment within the time limit prescribed in paragraph 3 of this article are responsible for organizing the evaluation report reviews the strategic environment. Invalid profile cases, within seven (7) working days from the date of receiving the application, must send written notice to the owner of the project to edit, Supplement.
Article 7. The responsibility of the project after reports strategic environmental assessment be appraisal 1. Implementation of the provisions of article 9 of Decree 29/2011/NĐ-CP dated. 2. Sent back to the agency assessment organization: a) of three (3) the report strategic environmental assessment were corrected, supplemented with a (1) a recorded on CD; one (1) of the draft strategy, planning, planning has been editing and writing notes about receiving the opinions of key environmental assessment report implementation strategy according to the form prescribed in annex 1.8 of this circular in the case of environmental assessment report detailed strategy in the form of a separate report;
b) Three (3) of the draft strategy, planning, the plan has been modified and supplemented with a (1) a recorded on CD; explanatory text about receiving the opinions of key environmental assessment report implementation strategy according to the form prescribed in annex 1.8 of this circular in the case of environmental assessment report implementation details strategy form mainstreamed in strategies report , planning, planning or environmental assessment report strategy of exhaustion.
Article 8. Report results evaluation report strategic environmental assessment 1. The Agency held the evaluation report reviews the strategic environment send report results evaluation report reviews the environment strategy for the authorized appraisal, approval, planning, strategic plan, including: a) A (01) report the results of writing evaluation reports strategic environmental assessment follow the form prescribed in annex 1.9 circular This;
b) One (1) copy of the text of the explanation about the project receiving the opinions of key environmental assessment report strategy.
2. The time limit for submitting the report records the results of evaluation of fifteen (15) working days from the date of receiving the report strategic environmental assessment has been editing, additional text attached explanation of the project.
Article 9. The Agency's responsibility for evaluation, approval, planning, strategic plan after getting the report profile reporting evaluation results evaluation strategic environment 1. Comprehensive, objective review of the proposals and recommendations outlined in the report records the results of the evaluation the evaluation Organization report environmental assessment strategies and the evaluation of comments followed home project.
2. where necessary, request the edit project owners, supplements the draft strategy, planning, plan on the basis of the review report reporting evaluation results evaluation strategic environment.
Chapter III REVIEWS the ENVIRONMENTAL IMPACTS article 10. The object, the time of creation, evaluation and approval of the report on environmental impact assessment

1. the following Project Server to reporting environmental impact assessment: a) the project order from item 1 to item 143 and 145 category annex II of Decree 29/2010/ND-CP; the project has a different name but has the nature and scale of the equivalent of the project order from item 1 to item 143 annex II of Decree 29/2010/ND-CP;
b) improvement projects, expand, upgrade, upgrade the capacity of the production facilities, business, active service approved the report on environmental impact assessment or registration, confirming a commitment to protect the environment or confirm a registered environmental standard or approval , confirm environmental protection project to a level equivalent to the objects from the item 1 to item 143 annex II of Decree 29/2010/ND-CP;
c) project thuội the object specified in clause 5 Article 35 of Decree 29/2011/NĐ-CP dated. 2. Project subject to the provisions in clause 1 of this article are responsible for reporting the environmental impact assessment and the Agency has the authority to organize the evaluation and approval. The time of founding, the appraisal and approval of the report on environmental impact assessments are made according to the provisions of article 13 of Decree 29/2010/ND-CP. Article 11. Repeated and diligence, approved the report on environmental impact assessment 1. The project was approved, the report reviews the environmental impact but have yet to come into operation to reset the report on environmental impact assessment in the following cases: a) to change the project location or does not implement the project during the three six (36) months from the time of issuing the decision approving the report on environmental impact assessment;
b) increases the scale, capacity or technology changes increase the scope or impact increases the negative impact to the environment caused by the waste caused or increase the total amount of waste generated or the type of the new waste, waste containing high-polluting components than the calculation results , predicts in a report assessing the environmental impact has been approved.
2. Resetting, appraisal, approval of the report on environmental impact assessment for the cases specified in paragraph 1 of this article is made according to the provisions in articles 12, 13, 14 and 15 of this circular.
3. the project was only implemented the contents change after reports of environmental impact assessment is approved.
Article 12. Consultation in the process of reporting environmental impact assessment 1. The consultation process in reporting the environmental impact assessment carried out according to the provisions of article 14 and article 15 of Decree 29/2011/NĐ-CP dated. 2. The text of the project owners submit comments consultations please follow the form prescribed in annex 2.1 of this circular.
3. The text of the reply, the Organization was of the opinion, please consult following form prescribed in Appendix 2.2 to this circular.
4. During the consultations, the project owner has the responsibility of ensuring the text comments, please consult the attached document summarizes the categories of major investment, environmental issues, the solution of environmental protection projects was sent to agencies, organizations are consulted.
5. The time limit for reply comments in consultation with agencies, organizations are consulted in the fifteen (15) working days from the date of receipt of the opinion, please consult the projects.
Article 13. Recommended records appraisal reports environmental impact assessment 1. A (01) the text of the proposal project evaluation report of environmental impact assessment carried out according to the model specified in annex 2.3 to this circular.
2. Seven (7) a report assessing the environmental impact of the project. The case of the number of Board members appraise more than seven (7) people, or in the case of other necessary at the request of the evaluation, the project owner must provide a number of additional reports evaluating the impact on the environment. Forms of cover, extra cover page and ask about the structure and content of the report on environmental impact assessment carried out according to the model defined in annex 2.4 and 2.5 of this circular.
3. One (1) copy of the investment project (feasibility study report).
4. for the cases specified in point b of article 10 paragraph 1 of this circular, in addition to the documents specified in paragraphs 1, 2 and 3 of this article, must be accompanied by a (1) a copy of the approval decision report environmental impact assessment certificate or a sign of environmental standards the decision of approval or verification of environmental protection project or text demonstrate a commitment to protect the environment have to be registrations of production facilities, business, services are operated.
5. With regard to the case prescribed in clause 1 article 11 of this circular, in addition to the documents specified in paragraphs 1, 2 and 3 of this article, must be accompanied by a (1) a copy of the decision approving the report on environmental impact assessment of the project before.
Article 14. Organization of the report the evaluation of environmental impact assessment 1. Responsible for implementation the evaluation, how to proceed and the activity report evaluation of environmental impact assessment stipulated in article 18 of Decree 29/2010/ND-CP. 
2. Organization and activities of the Council of the appraisal report of environmental impact assessment specified in Chapter 4 of this circular.
Article 15. The process and the time limit for the evaluation, approval of the report on environmental impact assessment 1. The process and the time limit for the evaluation, approval of the report reviews the environmental impacts are defined respectively in article 19 and article 20 of Decree 29/2011/NĐ-CP dated. 2. After the review of the environmental impacts have been assessed with the result through editing, addition or through the condition to edit, Supplement, the owner of the project completion report, signed on the bottom of each report page (from the cover follow the form prescribed in Appendix 2.4 to this circular) mirror , close the book spine, stamp (if applicable) and submit the report to the agency assessment report reviews the environmental impacts with sufficient amount to send to the address specified in clause 2 article 21 of Decree 29/2010/ND-CP enclosed a (01) a recorded on CD and the text of the explanation about the project editing additional content, the report reviews the environmental impact as requested in the written notice of the assessment results of permanent evaluation Agency. 
3. Decides to approve the report of environmental impact assessment carried out according to the form prescribed in Appendix 2.6 to this circular.
Article 16. The responsibilities of the Agency approved the assessment report and the environmental impact of the project after reports of environmental impact assessment approved 1. The responsibility of the Agency to approve the report on environmental impact assessment: a) endorse the report on environmental impact assessment has been approved according to the form prescribed in Appendix 2.7 to this circular;
b) Sent the report on environmental impact assessments have attested to the address as specified in clause 2 article 21 of Decree 29/2010/ND-CP within fifteen (15) working days from the date of approval of the report on environmental impact assessment.
2. The responsibility of the project: a) to adjust the project to ensure conformity with the requirements of the decision approving the report on environmental impact assessment approved;
b) public information on the approved project assessment report on the environmental impact according to the provisions of article 22 of Decree 29/2010/ND-CP;
c) make the responsibility as defined in Chapter 5 of this circular before the project goes into operation officially.
Chapter IV ORGANIZATION and ACTIVITIES of the COUNCIL of the APPRAISAL REPORT REVIEWS the STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT, the ENVIRONMENTAL IMPACT ASSESSMENT article 17. Established authority environmental assessment report, the evaluation strategy reporting environmental impact assessment 1. The head or the head of the competent agency specified in clause 1 article 7 of Decree 29/2010/ND-CP decided to establish authority environmental assessment report strategy.
2. Heads or head of the Agency specified in clause 2 Article 18 Decree No. 29/2010/ND-CP decided or authorized for the heads of specialized agencies on the protection of the environment directly decided to form the Council of appraisal report of environmental impact assessment.
3. The Board assessed the environmental assessment report, the evaluation strategy the report reviews the impact of the environment is established for each environmental assessment report strategy, each report of environmental impact assessment.
4. the Council decided to establish the evaluation report reviews the environment strategy, the Council of appraisal report of environmental impact assessment carried out according to the model specified in annex 3.1 of this circular.
Article 18. The composition and structure of authority environmental assessment report, the evaluation strategy reporting environmental impact assessment 1. The composition, the structure of authority environmental assessment regulation strategies in clause 5 article 7 of Decree 29/2011/NĐ-CP dated. 2. The composition and structure of the Board evaluation report of environmental impact assessment provided for in paragraph 3 to article 18 Decree No. 29/2010/ND-CP project lies in the case: economic zones; industrial zone; high-tech zones; export processing zones; industrial clusters; the zone of production, business, other focus service (hereafter referred to collectively as the production zone, business, service focus), the authority may be represented by State authorities to directly manage the production zone, business, service focused and owner representatives build infrastructure business and production zone , business services, where the focus of the project.
Article 19. Function and working principle of authority environmental assessment report, the evaluation strategy report environmental impact assessment 1. The Council assessed the environmental assessment report, the evaluation strategy the report reviews the impact of the environment (hereinafter referred to as the authority) has the function to advise the heads or head of Agency organized the evaluation; responsible before the law and before the organs of the Organization the evaluation about the objectivity of the evaluation conclusions.

2. Authority to work according to the principle of public discussion, directly between the members of the Board evaluation and assessment Council between project owners (except appraisal report strategic environmental assessment short form taken comments received, reviews written) and the conclusions of the evaluation results as specified in clause 2 Article 33 the circular This time.
3. Authority environmental assessment report implementation shortening strategy as defined in paragraph 6 article 7 of Decree 29/2010/ND-CP.
4. The activities of the authority are made through the permanent agency evaluation by the competent agency specified in clause 1 article 7 paragraph 2 and Article 18 Decree No. 29/2010/ND-CP layout, established.
Article 20. Eligibility, selection criteria the titles of authority 1. The Chairman or the Deputy Chairman of the Board must be an environmental professional with at least seven (7) years experience if Bachelor, at least five (5) years of experience if got a master's degree, at least three (3) years of experience if got doctorate or be the leader of the Organization of the evaluation or the evaluation permanent bodies.
2. review the Commissioner has expertise on the environment or the match field of the project (which must have at least one (1) member of the critics have expertise on the environment) with at least five (5) years experience if Bachelor, at least three (3) years experience if there master , at least one (1) year of experience if got doctorate.
3. Member Secretary is the permanent agency staff appraisal.
4. Member of the Board must be a person with expertise on the environment or the match field of the project with at least three (3) years of experience if got a degree, at least two (2) years of experience if got a master's degree, or doctorate.
Article 21. The responsibility of the Commissioner of the Council 1. Research report reviews the environment strategy, the report reviews the environmental impact and the records and documents pertaining to permanent agency evaluators provide.
2. Attend the meetings of the authority, conferences, seminars, activities, census survey held in the process of evaluating the environmental assessment report, the report reviews the environmental impact according to the layout of the permanent agency evaluation.
3. Write the report reviews the content of the report reviews the environment strategy, the report reviews the environmental impact according to the assignment of permanent evaluation Agency.
4. Write a review of the environmental assessment report, the report reviews the environmental impact according to the form prescribed in Appendix 3.2 to this circular sent permanent agency evaluators before the session of the Council of the official evaluation of at least one (1) working day; presenting a comment in the official sessions of the authority.
5. Write the vote report evaluation strategy environmental assessment, the report reviews the environmental impact according to the form prescribed in annex 3.3 of this circular.
6. Written comments of the report reviews the environment strategy, the report reviews the environmental impact has been editing project home, following official session Supplement of authority when required in writing by the permanent agency evaluation.
7. Management of documentation is provided under the provisions of the law and return these documents upon request of a permanent agency evaluation after the completion of the task.
8. Responsible to the organs of the Organization the evaluation and before the law about the remarks, reviews given to the environmental assessment report, the report reviews the environmental impact and the content of the work is assigned in the evaluation process.
Article 22. Powers of Commissioner 1. Proposed permanent agency offers a full appraisal of the documents pertaining to the suggested evaluation profile to research, reviews.
2. Proposed permanent agency to assess the Organization of meetings, symposia and other activities to serve directly the work evaluation.
3. attend the meetings of the authority; attend meetings, symposia and other activities to serve directly the work appraisal according to the layout of the permanent agency evaluation.
4. the direct dialogue with project owners and consultants report environmental assessment strategy, the report reviews the environmental impact at the session of the authority; reserved comments in case other comments with the conclusion of the authority.
5. remuneration under current financial mode when performing the task: write a comment to report environmental assessment strategy, the report reviews the environmental impact; participate in the meetings of the authority, the conferences, seminars and other activities to be delivered during the evaluation; was the payment of travel expenses, accommodation and other costs according to the provisions of the law by participating in the activities of the authority.
Article 23. The responsibilities and powers of the President of the Council in addition to the responsibilities and powers of the Commissioner defined in articles 21 and 22 of this circular, the President of the Council is also responsible, the following rights: 1. The meetings of the authority.
2. Handle the comments stated in the meeting of the Council of the evaluation and the conclusions of the meetings of the authority.
3. Sign the minutes of the meeting and the responsible organs of the Organization the evaluation and before the law about the conclusions given in the meetings of the authority.
Article 24. The responsibilities and powers of the Vice President of the Council in addition to the responsibilities and powers of the Commissioner defined in articles 21 and 22 of this circular, the Vice President of the Council also has responsibility and authority as President of the Council in case the President is absent.
Article 25. The responsibilities and powers of the Commissioner of review in addition to the responsibilities and powers specified in the paragraph 1, 2, 3, 5, 6, 7 and 8 article 21 and article 22 of this circular, criticizing Commissioner is responsible for written comment on the content of the report reviews the strategic environment the report reviews the environmental impact according to the form prescribed respectively in Appendix 3.4 and 3.5 appendix to this circular.
Article 26. The responsibilities and powers of the Secretary, in addition to the responsibilities and powers of the Commissioner defined in articles 21 and 22 of this circular, Member of the Secretariat also has the following powers and responsibilities: 1. To provide a sample evaluation form and review the report strategic environmental assessment the report reviews the environmental impacts for the assessment Board members.
2. Report the Chairman of the Council of the existence of records on the basis of self study and sum up the opinions of the members of the Board evaluation; report the President of the Council and permanent evaluation body about the activities prescribed in clause 4 Article 18 Decree No. 29/2010/ND-CP, if available.
3. Information for the Council of appraisal comments received by the assessment Board members do not attend official sessions of the authority and the written opinions of the Department of natural resources and the environment submitted a permanent agency evaluation, if available.
4. Write and sign the minutes of the meetings of the authority; responsibility for the adequacy and honesty about the content of the minutes of the meetings of the authority.
5. Set the record, certificate from serving the settlement activities of the authority.
6. Perform other duties serving for the operation of the authority at the request of permanent evaluation Agency.
Article 27. The responsibilities and powers of the Commissioner is to represent the Department of natural resources and the environment join authority by the ministries, ministerial agencies, government agency established in addition to the responsibilities and powers of the Commissioner with specific titles in the Council are specified in this circular , Member of the Council is the representative of the Department of natural resources and the environment join authority by the ministries, ministerial agencies, government agencies have also established the responsibilities and authority of the following: 1. Collect, give the authority the information, documents and related strategies , planning, plans and projects; responsible for the information, the document provides for the authority.
2. in the case of non-participation in the activities of the authority, was authorized in writing for the participating agencies together with full responsibility and powers of the Commissioner. 
Article 28. The responsibility and authority of a permanent agency appraisal 1. Reviewing the validity of the suggested profile evaluation report reviews the environment strategy, the report reviews the impact of the environment to conduct the evaluation. The case of the profile is not valid, the text must be returned within seven (7) business days for the review of the strategic environment and the five (5) business days for the review of the environmental impact, since the date of the records sent to Project Server.
2. The draft decision on establishment of the authority with the structure and components as defined in article 18 of this circular according to the form prescribed in annex 3.1 this circular process has the authority to review the decision.
3. Ask the project to provide additional documents, in case of need and submit the document for the assessment Board members within a period of five (5) working days from the date of the decision to establish authority.
4. organizations consulted by the Department of natural resources and the environment did not have a representative participate in the evaluation by the Council of ministries, ministerial agencies, government agency established under the provisions of article 29 of this circular.
5. Collect, provide the information related to the strategy, planning, plan or project for the authority.
6. Organization of the meeting of the Council of the appraisal and the activities specified in paragraph 7 and article 7 paragraph 4 Article 18 Decree No. 29/2010/ND-CP.

7. The notice in writing to the owner about the project results evaluation and requests related to the complete evaluation profile within a period of five (5) working days from the date of the formal session of the Organization of the final authority. The contents of the written notice must specify one (1) of the following State of the outcome evaluation: through editing, additional; through with the right conditions, additional editing; not through.
8. your content organization report environmental assessment strategy, the report reviews the environmental impacts of the project sent back after the edit, Supplement. In case of need, have text suggest some members of the Council continue to comments received on the report a strategic environmental assessment, the report reviews the environmental impact has been editing project home, added.
9. The draft text of the report evaluation results reported strategic environmental assessment of the strategy, planning, plan according to the form prescribed in annex 1.9 this circular for appraisal reports strategic environmental assessment; the draft decision approving the report on environmental impact assessment of the project according to the form prescribed in Appendix 2.6 to this circular for appraisal reports of environmental impact assessment and the authority to review the decision.
10. Estimating, payment the expenses spent on the activity of the authority.
Article 29. Held opinions of the Department of natural resources and the environment did not have a representative participate in the evaluation by the Council of ministries, ministerial agencies, government agencies established 1. Permanent evaluation Agency to send report strategic environmental assessment to the Department of natural resources and the environment of the locality are related directly to the environmental issues of strategy, planning, the plan does not have a representative participate in the authority component and report environmental impact assessment to the Department of natural resources and the environment where the project does not have represented in the composition of the Council to get comments.
2. The Department of natural resources and environment is responsible for submitting comments in writing at the suggestion of permanent evaluation agency within five (5) working days from the date of receiving the written recommendation of the permanent agency evaluation.
4. The opinion of the Department of natural resources and the environment are given consideration and discussion at the official session of the authority.
Article 30. Conditions for conducting formal session of the Council the formal session of the assessment authority only be conducted when there is full the following conditions: 1. The involvement (direct presence at the session or join an online meeting) from two-thirds (2/3) or over the number of Board members appraise according to form , which must have: the Chairman or Deputy Chairman of the Council in case of absence of the President of the Council (hereinafter referred to as the chairing the session), at least one (1) Councillor and member of the Secretariat.
2. The participation of the competent representative of the project owner or the person authorized by the owner of the project mandate involved.
3. Project appraisal fees already paid to report environmental impact assessment as prescribed by law.
Article 31. Participants in the meetings of the Authority 1. The composition of deputies to participate in the meetings of the authority due to permanent bodies assess the decision and invited to attend.
2. Attendees are statements of opinion in the meetings of the authority, subject to the authority of the person who chaired the session, entitled remuneration as prescribed by law.
Article 32. The content and sequence of the official session of the Authority 1. Deputy Clerk read the decision established authority, introduce participants and the summary report on the processing of records appraisal, provided information on the activities of the Council of appraisal and valuation of permanent bodies made.
2. Who chaired the session session operating under the Authority set forth in article 23 of this circular.
3. Project Owner (or consultants are authorized project owner) presented a summary of report content strategy, environmental assessment reports on environmental impact assessment.
4. the owners of the project and the assessment Board members to Exchange, discuss the issue of unclear (if any) of the profile.
5. The Commissioner and the other members in the Authority presented a comment, reviews.
6. Member Secretary read a review of the assessment Board members absent and the comments of the Department of natural resources and the environment do not have representatives in the authority component.
7. The participants statements of opinion, if available.
8. the authority may separate meeting (by who presided the session decided) to unify the content of the conclusions of the authority in the case of the assessment Board members have contrary opinions.
9. Who chaired the session announced the conclusion of the authority.
10. The assessment Board members have different opinions with the conclusion of the person chairing the session, if applicable.
11. Project statements, if available.
12. Who chaired the session to declare the end of the session.
Article 33. The content of the conclusions of the Authority 1. The conclusions of the authority must be able to articulate the following content: a) The content of the records that meet the requirements;
b) The existence of records; the requirements, recommendations concerning the complete records (if available) based on the comments of the members of the Board evaluation;
c) results in a (1) of three (3) levels: through editing, additional; through with the right conditions, additional editing; not through based on the results of the votes verified under the principle set forth in paragraph 2 of this Article.
2. The principle of giving the result appraisal: a) through editing, adding: when all assessment Board members attend the sessions have the votes verified (or a comment in the case of not meeting the reporting authority strategic environmental assessment) unanimously not to edit Supplement;
b) through with the right conditions, additional editing: when there are at least two-thirds (2/3) of the Board members attend the votes verified (or a comment in the case of not meeting the reporting authority strategic environmental assessment) agree through or via the condition must edit Supplement;
c) not through: when on a third (1/3) of Board members have verified votes (or a comment in the case of not meeting the reporting authority strategic environmental assessment) is not adopted.
Article 34. The form and content of the report on the official session of the Authority 1. The minutes of the official session of the authority was formed according to the form prescribed in annex 3.6 of this circular. Comments of project owners, of the Council and members of the delegations attending the session are recorded in full, honest in the minutes of the session.
2. The minutes of the official session of the authority must be the person who chaired the session and Member Secretary signed on the lower left corner of each page, sign and write your name, the title of the Council in the last page.
Chapter V IMPLEMENTING and testing, CONFIRM the PERFORMED works, ENVIRONMENTAL PROTECTION MEASURES BEFORE PUTTING the PROJECT into OPERATION OFFICIALLY Article 35. The responsibility of the project before putting the project on the official operation 1. Before the project goes into operation, the project owner has the responsibility: a) implement fully the provisions of article 23 of Decree 29/2010/ND-CP and works, environmental protection measures serve operational phase of the project, the provisions of article 26 of Decree 29/2010/ND-CP;
b) testing of the waste treatment facilities serve the period of operation of the project;
c) prepare recommendations to check, confirm the performed works, environmental protection measures serve the operating period of the project to send the competent agency specified in clause 1 Article 39 of this circular.
2. With regard to the case of projects without environmental protection service operating stage, the project owner must not file proposed check, confirm the performed works, environmental protection measures serve the operational phase of the project.
3. for projects related to hazardous waste: a) the project to handle hazardous waste without the investments in manufacturing, business services, transport, processing, recycling, hazardous waste and destruction under the authority licensed hazardous waste management of the Ministry of natural resources and the environment , the owner of the project is not taken the responsibility specified in point c of paragraph 1 of this article but have to fulfill the obligations specified in circular No. 12/2009/TT-BTNMT on April 14, 2012 of the Ministry of natural resources and environment regulations on hazardous waste management;
b) project related to hazardous waste not subject to the provisions in point a of this paragraph, the project owner must perform the work, the environmental protection measures serve the operating period of the project in accordance with this circular to be competent authorities confirm before level licensed hazardous waste management.
Article 36. Implement and test, monitoring the implementation of public works, environmental protection measures during the period of preparation of the investment and the construction phase of the project 1. Project owners have a responsibility to the organization performing the works, environmental protection measures during the period of preparation of the investment and the construction phase of the project.
2. the approval bodies report reviews the environmental impacts of the project check, monitoring the implementation of public works, environmental protection measures during the period of preparation of the investment and the construction phase of the project in case of need.

3. Operation check the implementation of public works, environmental protection measures during the period of preparation of the investment and the construction phase of the project is conducted through the inspection group under the provisions of paragraph 1 to article 39 this circular formation with the composition, the structure specified in article 40 of this circular. Test content and test the Group's liability under established test group decisions.
4. The Agency may examine Union hired the independent consultant to supervise the implementation of the measures of environmental protection projects in the stage of preparation of investments and the construction stage.
5. Organization of the agencies responsible for checking the notification in writing to the project owner of the test results the implementation of public works, environmental protection measures during the period of preparation of the investment and the construction phase of the project within a period of fifteen (15) working days from the date of the end of the inspection.
Article 37. Test operating waste treatment works 1. Test the operation of the waste treatment must be conducted simultaneously with the process of operating the test project.
2. Before conducting the test operation of the waste treatment facilities, the project owner must have written notice of test plans for agency approval of the report reviews the environmental impacts of the project according to the form prescribed in annex 4.1 of this circular.
3. test the operation of the waste treatment lasts no more than six (6) months, counting from the beginning of the trial operation of waste treatment facilities.
4. In the process of testing operating waste treatment works, the project owner must conduct or rental unit has enough power and legal conduct of sampling, measurement, analysis, composition and characteristic properties of the waste before and after being processed. The number of times to conduct sampling and analysis component of the waste during the trial operation of the waste treatment facilities of the project to ensure a minimum of three (3) times in the different times. The time of sampling depends on the nature of each category of a specific project's work to ensure that the sample is representative of waste, for the period of operation of the project.
5. The object prescribed in paragraph 4 to article 39 of Decree 29/2010/ND-CP is not done testing the operation of the waste treatment facilities, but to perform the sampling analysis type of waste after they are processed by the waste treatment facilities were build at least three (3) times in the different times in conditions of normal production to set the profile suggest check, confirm the performed works, environmental protection measures serve the operating period of the project to be checked, to confirm before January 5, 2013.
6. In the course of operating the experiment works waste disposal, flush out waste detection if the environment does not meet these standards, the current standards, the project owner must immediately stop testing activities, implement measures to prevent the spreading of waste into the environment and emergency notification to the Department of natural resources and the environment, and related agencies where there are projects to steer and coordinate processing. The case caused environmental or waste discharge into the environment does not meet these standards, standardisation leads to damage to the individual, organization, project owners to compensation under the provisions of the law.
Article 38. Recommended records check, confirm the performed works, environmental protection measures serve the operating period of the project 1. Recommended records check, confirm the performed works, environmental protection measures serve operational phase of the project include: a) A (01) suggested text check, confirm the performed works, environmental protection measures serve the operating period of the project implementation according to the form prescribed in annex 4.2 of this circular;
b) One (1) copy of the decision to approve the attached copy of the report reviews the environmental impact has been approved;
c) five (5) reports the results of the environmental protection measures serve the operating period of the project implementation according to the form prescribed in annex 4.3 to this circular. Projects located in two (2) province, central cities, the project owner must send more the number reported by the number the further increase to service inspection;
d) Appendix with the number equal to the number of reports the results of the environmental protection measures serve the operating period of the project specified in point c of this paragraph. The materials of the annex comply with the provisions of paragraph 4 Article 25 of Decree 29/2010/ND-CP 2. The case of investment projects in several stages or have multiple independent category, the owner of the project is to profile the test proposal, confirm the performed works, environmental protection measures serve the operating period of the project under each stage or under the independent category of the project. 
Article 39. Check, confirm the performed works, environmental protection measures serve the operating period of the project 1. Ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) entrusted the agency specializing in environmental protection (hereinafter referred to as the Agency check, confirm) organization check, confirm the performed works environmental protection measures, service operating period of the project authority approved assessment report on its environmental impact.
2. check Agency, confirmed the organization check, confirm the performed works, environmental protection measures serve the operating period of the project after receiving enough valid profile specified in article 38 of this circular.
3. where the provisions of Article 38 clause 2 of this circular, inspection agency, confirmed the organization check, confirm for each stage of the project or for the independence of the project.
4. process, deadlines, how to check, confirm the performed works, environmental protection measures serve the operating phases of the project are specified in articles 27 and 28 of Decree 29/2010/ND-CP. 5. Operation check the implementation of public works, environmental protection measures serve operational phase of the project be done through delegation check by the Agency check, confirm with the establishment, the provisions of article 40 of this circular.
6. Operation check the fix the remaining content of the works, environmental protection measures were corrective project owner specified in clause 4 article 27 of Decree 29/2010/ND-CP made according to the provisions of article 44 of this circular.
7. the certificate was made public works, environmental protection measures serve the operating period of the project according to the form prescribed in annex 4.4 of this circular.
Article 40. Union checking the implementation of public works, environmental protection measures serve the operating period of the project 1. Heads or head of agency check, confirm the decision formed the delegation check according to the form prescribed in annex 4.5 of this circular.
2. check group components include: the officers of the Agency inspection, verification and environmental experts, project-related areas and according to the structure: a (01) head of delegation is the Agency's officers to check, confirm, in case of need can have a (01) Deputy Head of the delegation; one (1) Secretary and members.
3. in case the check, confirm the performed works, environmental protection measures not by the Department of natural resources and the environment implementation, in addition to the part prescribed in clause 2 of this, in the test group also represents the Department of natural resources and the environment where the execution of the project.
4. a case report of environmental impact assessment of the project by the provincial people's Committee for approval, in addition to the part prescribed in clause 2 of this, in the test group may have a representative professional body for environmental protection at district level where implementation of the project.
Article 41. The working principle of the test the 1. The test group to work according to the principle of public discussion among members and between members to represent the project in meetings and in the process of examining reality works, environmental protection measures have been taken.
2. conduct the test Group check the fact works, environmental protection measures of the project when the meet the following conditions: a) the presence of at least two thirds (2/3) the number of crew members checked by the decision establishing the Agency's inspection and verification, including , must have the participation of the Minister (or Deputy Head of the delegation when the absence of the crew Chief) and Secretary of the delegation test;
b) in the absence of the competent representative of the project.
Article 42. The responsibilities and powers of the members of the test group 1. General powers and responsibilities of the members of the delegation test: a) the profile study suggest check, confirm the performed works, environmental protection measures;
b) through the test group Secretary, claims the project provides information, documentation, project-related data for reference, research served the reviews, reviews on the implementation of public works, environmental protection measures have been implemented on real and reflected on the records suggest checking the confirmation;
c) participated in the meeting, the inspection activities in the implementation of public works, environmental protection measures are in fact by the Agency inspection, verification organizations;
d) dialogue with the project owner of the works, environmental protection measures have been implemented in the project reality check process;
DD) write a comment, reviews the implementation of public works, environmental protection measures according to the form prescribed in annex 4.6 of this circular sent to check group Secretary General; responsible to the Union agency check and before the law about the remarks, reviews;
e) management documents are provided under the provisions of the law and return when required by the Agency to conduct the test, confirmed after completing the mission;

g) Are entitled to compensation under the provisions of the current law when performing the task: take a reality check; attend the meetings of the delegation test; write a comment, reviews the implementation of public works, environmental protection measures.
2. The responsibilities and powers of the Secretary of the delegation test: in addition to the general responsibilities and powers specified in paragraph 1 of this article, the Secretariat is also examining the delegation of responsibility and authority: a) contact project owners, crew members check, the organizations and individuals involved to arrange a schedule of the work of the inspection group;
b) General comments, reviews of the inspection and crew members reported the head of the delegation;
c) reporting aggregated test results the implementation of public works, environmental protection measures serve the operating period of the project according to the form prescribed in annex 4.7 of this circular;
d) draft checking the implementation of public works, environmental protection measures serve the operating period of the project an adequate way, exactly as prescribed in article 43 of this circular.
3. In addition to the General rights and responsibilities of the members of the delegation test prescribed in paragraph 1 of this article, the Deputy Head of the inspection Division also has the responsibility and authority of the head of the delegation test prescribed in paragraph 4 of this Article in case the head of the delegation is absent.
4. responsibility and authority of the head of the delegation of inspection: in addition to the general responsibilities and powers specified in paragraph 1 of this article, the head of the delegation checked the following powers and responsibilities: a) General responsibility on the operation of the test group;
b) assigned the task to check group membership;
c) host and Executive meetings of the delegation test;
d) presided over the handling of the recommendations of the group members examine, project owners and representatives of the agencies involved in the actual testing process (if any).
43 things. The content and form of expression results checking 1. Test results the implementation of public works, environmental protection measures serve operating period of the project and record test results are expressed in the form of minutes of examining the implementation of public works, environmental protection measures serve operational phase of the project are established according to the form prescribed in annex 4.8 of this circular.
2. the content of the report on the check must be objective, honest about the reality of works, environmental protection measures have been implemented in practice in the time of the test.
3. the report on the check must be head of delegation check (or the Deputy Head of the delegation test in case of the absence of the test crew Chief), Secretary to the delegation checked and authorized representative of the owner of the project signed on each page, and specify the name, title in the last page.
Article 44. Check out the project of overcoming the extant content of the works, environmental protection measures 1. Operation check the project owner to remedy the existence of the content of the works, environmental protection measures are made through the test group was created earlier or agency check, confirm the resetting in case of need. The test in this case is not necessarily fully the conditions specified in point a of paragraph 2 Article 41 of this circular.
2. The minutes of the project owner to remedy the existence of the content of the works, environmental protection measures serve the operating period of the project implementation according to the form prescribed in annex 4.9 of this circular.
3. for the project by the Minister of natural resources and the environment approved the report on environmental impact assessments, after receiving the report of the project on the already fix exists on the record and on the reality of the project, the Agency checks, certified by the Ministry of natural resources and the environment reviewed the decision to conduct the test the project owner to remedy the existence of the content of the work, measures to protect the environment under a (1) in the following form: a) check organization as defined in paragraph 1 and 2 of this Article;
b) commissioned for the Department of natural resources and the environment where the test project.
4. The Department of natural resources and the environment are commissioned as defined in point b of paragraph 3 of this article are responsible for: a) to organize and conduct the test project to fix the existence in fact according to the content outlined in the text commissioned within twenty (20) working days from the date of receiving the written mandate;
b) Created a test according to the form prescribed in annex 4.9 of this circular;
c) have written to announce the test results under the form prescribed in Appendix 4.10 this circular submitted credential agency within five (5) working days from the date of the test results.
Chapter VI is COMMITTED to PROTECTING the ENVIRONMENT Article 45. The object is created, sign a commitment to protect the environment; content a commitment for environmental protection 1. Home projects, organizations, individuals proposed manufacturing operations, business services, (hereinafter referred to as project owner) must establish, sign a commitment to protect the environment: a) the project scale, nature, not in the category, or below the level specified by the list in annex II of Decree 29/2010/ND-CP; proposed manufacturing operations, business, service not subject to establish investment projects but has incurred production waste;
b) project, proposed to renovate, extend, upgrade, upgrade the capacity of the production facilities, business, active service has been registered, to confirm a commitment to protect the environment or to confirm the registration of environmental standards or approved, endorsed the environmental protection project but not yet to the point of reporting environmental impact assessment specified in point b of paragraph 1 article 10 of this circular.
2. The project, proposed manufacturing operations, business, service has been registered a commitment to protect the environment but have yet to come into operation must establish and sign a commitment to protect the environment in the following cases: a) change location;
b) Not implemented within a period of two to four (24) months from the date of commitment to environmental protection is registered;
c) increases the scale, capacity or technology changes increase the scope or impact increases the negative impact to the environment caused by the waste caused or increase the total amount of waste generated or the type of the new waste, waste is polluting the higher than predicted in a commitment to protect the environment has been registered but yet to the extent that is reporting the environmental impact assessment.
Article 46. Profile sign a commitment to environmental protection 1. Profile sign a commitment to protect the environment for the project subject to establish a commitment to protect the environment include: a) of three (3) a commitment to protect the environment with the form of the cover, extra cover page; the structure and content requirements follow the form prescribed in the Appendix 5.1 and 5.2 of this circular;
b) One (1) project (feasibility study report) (stating the full name, title) of the authorized representative and seal (if any) of the project.
2. the registration records a commitment to protect the environment for the proposed manufacturing operations, business services, subject to established a commitment to protect the environment include: a) of three (3) a commitment to environmental protection with the requirement on the structure and content of the follow form prescribed in Appendix 5.3 of this circular;
b) A (01) a proposed production operations, business services, attested by the signature of the authorized representative and seal (if any) of the production base, sales, service.
3. for the object specified in point b of paragraph 1 to article 45 of this circular, in addition to the documents prescribed in paragraph 1 or paragraph 2 of this article, the register records a commitment to protect the environment must include one (1) copy the text demonstrated a commitment to environmental protection have been registered or the registration certification of environmental standard certifications the environmental protection project of the production facilities, business services, service is active.
4. for the object specified in item 2 Article 45 of this circular, in addition to the documents prescribed in paragraph 1 or paragraph 2 of this article, the register records a commitment to protect the environment must include one (1) copy of the text to prove registration of a commitment to protect the environment of the project , proposed manufacturing operations, business before.
Article 47. The Organization implemented the subscription commitment for environmental protection 1. Signing a commitment to protect the environment made in accordance with articles 31, 32 and 33 of Decree 29/2011/NĐ-CP dated. 2. Text authorized organizations make the sign a commitment to protect the environment of the district people's Committee, district, town, and city in the province (hereafter referred to as the people's committees at district level) for the people's committees of communes, wards and towns (hereinafter the township-level people's committees) follow the prescribed form Appendix 5.4 of this circular.
3. Written notice to the owner of the project, its production facilities, business services, about not accepting a commitment to protect the environment made in the form prescribed in annex 5.5 of this circular.
Article 48. The responsibility of the project and of the State Agency after a committed environmental protection registered 1. The responsibility of the project after a commitment to protect the environment is to register the provisions of article 35 of Decree 29/2010/ND-CP and the provisions of the current legislation on the protection of the environment in the course of project implementation, deployment, manufacturing operations, business.
2. for the case prescribed in clause 2 Article 45 of this circular, the owner of the project was only implemented the contents change after registration of a commitment to protect the environment.
3. after the registration accepted a commitment to protect the environment, the people at district level Committee or committees authorized social responsibility: a) the written notice in the form prescribed in Appendix 5.6 of this circular for the project;
b) Submitted a commitment to protect the environment for the agencies concerned according to the provisions of article 34 of Decree 29/2010/ND-CP;
c) to perform the responsibilities specified in article 36 of Decree 29/2010/ND-CP.
Chapter VII IMPLEMENTATION and ENFORCEMENT of the TERMS of Article 49. Organizations make

1. Ministries, ministerial agencies, government agencies, provincial people's Committee, the people's Committee at district level are responsible for implementation of the report on the operation mode of the appraisal report strategic environmental assessment; evaluation activities, approved the report on environmental impact assessment, activity sign a commitment to protect the environment as specified in article 38 of Decree 29/2010/ND-CP and in the form specified in the annex 6.1, 6.2, 6.3 and 6.4 of this circular. 
2. Ministry of natural resources and environment Administration Environment Bureau layout evaluation and reviews environmental impact do clue receiving records and made a permanent agency for the evaluation of environmental assessment strategy, the report reviews the environmental impact assessment held jurisdiction of the Ministry of natural resources and the environment; inspect the implementation of public works, environmental protection measures in the preparation stage of investment, the construction phase; do clue receiving records and inspect the implementation of public works, environmental protection measures serve the operational phase of the project by the Minister of natural resources and the environment approved the report on environmental impact assessment.
3. State administration of environmental protection investment levels for system information data about the activities related to strategic environmental assessment, environmental impact assessment and is committed to protecting the environment.
Article 50. Terms of implementation 1. Ministers, heads of ministerial agencies, government agencies, the Chairman of people's Committee of the level of implementation of this circular.
2. This circular effect since January 2, 2011.
Circular No. 05/2008/TT-BTNMT on 08 December 2008 by the Ministry of environmental resources and guidance on strategic environmental assessment, environmental impact assessment and commitment to environmental protection and circular No. 13/2009/TT-BTNMT on August 18, 2009 by Ministry of natural resources and environment rules on the Organization and activities of the Council of appraisal of environmental assessment report the strategy, the Council assessed the report reviews the environmental impact discontinued from the date of this circular are enforceable.
3. During implementation of this circular, if arising difficulties and obstacles, the ministries, the local organization, timely personal reflection on the Ministry of natural resources and the environment to guide research, additional amendments accordingly.
 

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