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Circular 13/tt-Btnmt-2011: Revising The Provisions Of Circular No. 12/2009/tt-Btnmt Of The Construction Regulations, Issued Confirmation Mail, Message Level For Approval Of Projects Under The Clean Development Mechanism In The Framework Of The Decree O...

Original Language Title: Thông tư 15/2011/TT-BTNMT: Sửa đổi quy định tại Thông tư 12/2010/TT-BTNMT quy định việc xây dựng, cấp Thư xác nhận, cấp Thư phê duyệt dự án theo Cơ chế phát triển sạch trong khuôn khổ Nghị định th

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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;

Pursuant resolution No. 56/NQ-CP on December 15, 2010 by the Government on the simplification of administrative procedures in the function of the management of resources and the environment;

Pursuant to decision No. 130/2007/QD-TTg dated August 2, 2007 by the Prime Minister on a number of mechanisms, of financial policy for investment projects under the clean development mechanism;

Proposal of the Director of Department of meteorology hydrology and climate change and Director of legislation, REGULATION: article 1. Modifying, supplementing a number of articles specified in circular No. 12/2009/TT-BTNMT on 26th September 7, 2010 the Minister of natural resources and environment of the building regulations, the confirmation mail, Message level for approval of projects under the clean development mechanism in the Kyoto Protocol framework (hereafter abbreviated as circular No. 12/2009/TT-BTNMT) : 1. Article 5 be amended and supplemented as follows: "article 5. Recommended records issued A PIN confirmation (1) the Vietnamese BATTERIES was established according to the guidelines in annex 1 attached to this circular. "

2. Article 6 is modified and supplemented as follows: "article 6. The sequences, procedures, time and force of the message confirm PIN 1. Organizations wishing to apply in parts and results of the Department of meteorology hydrology and climate change.

2. The Bureau of hydrology, meteorology and climate change, check the adequacy of the record within a period not exceeding three (3) working days. Case records are incomplete as a rule, the Bureau of meteorology hydrology and climate change notice in writing requesting additional organization, complete the prescribed records; the addition, completed application only made one (1) times.

3. within a maximum of eight (8) working days since receiving the prescribed records, Department of meteorology hydrology and climate change hosted, in cooperation with the relevant parties to appraise the project profile and the Ministry of natural resources and the environment, the approval letter.

Case of need for additional records, adjusted, Bureau of meteorology hydrology and climate change have written notice, additional organization guide, adjust profile (additional time, adjustments are not counted in the total time limit for review, confirmation Message level).

4. within a maximum of two (2) working days, the Ministry of natural resources and environment to consider, decide the grant of confirmation; case of non-acceptance notice the reason in writing.

5. within a maximum of one (1) working day, the Bureau of meteorology hydrology and climate change to pay for the Organization through the Department and results.

6. The total time limit considering BATTERY confirmation level specified in this no more than fourteen (14) working days.

7. PIN confirmation is in effect within the time limit of 18 months from the date of issue. "

3. Article 7 is modified and supplemented as follows: "article 7. Recommended records issued the approval Mail PDD or PoA-DD 1. Profile a Vietnamese, the number of the profile will base on the number of Steering Committee members should send comments including members of the Ministry of natural resources and environment, Ministry of planning and investment, Ministry of finance, the Ministry of science and technology and of the ministries, ministerial agencies has the function of State management in the field of operation of the project.

English version of profile, the owner filed a (01) to the Bureau of meteorology hydrology and climate change when investors apply to the English version for the international CDM Executive Board (EB).

2. The text of the parties build CDM project suggest considering granting approval Letter PDD or PoA-DD (in the form prescribed in Annex 3b enclosed herewith).

3. certified copies of the text of the review the parties directly involved to bear the impacts from project activities (in the form prescribed in annex 5 attached to this circular).

4. certified copies or certified by the competent authority approval decision report environmental impact assessment or confirm a commitment for environmental protection depends on the type, scale of projects according to the relevant regulations.

5. certified copies or certified by the competent authorities about the feasibility study report for large scale projects.

6. for power projects to the national grid up to have text unanimously the principle of Vietnam electricity about connecting up to the national grid.

7. The type of license related (if any) by the competent State agency level for each specific field projects under the current rules.

8. Technical report or valuation report or PDD organization's DD-PoA profession be EB (DOE). "

4. Article 8 is amended and supplemented as follows: "article 8. The sequences, procedures, review time, and the effect of the letter of approval of PDD or PoA-DD 1. Organizations wishing to apply in parts and results of the Department of meteorology hydrology and climate change.

2. The Bureau of hydrology, meteorology and climate change, check the adequacy of the record within a period not exceeding three (3) working days.

Case records are incomplete as a rule, the Bureau of meteorology hydrology and climate change notice in writing requesting additional organization, complete the prescribed records; the addition, completed application only made one (1) times.

3. within a maximum of five (5) working days from receipt of the prescribed records, Department of meteorology hydrology and climate change send comments to other members to join the Steering Committee for comments for each specific field.

4. within a maximum of fifteen (15) working days, the Steering Committee members send comments according to the form prescribed in annex 6 attached to this circular about the Bureau of hydrology, meteorology and climate change. The case too the time limit on the Bureau of meteorology hydrology and climate change don't get comments, then considered the opinion of the members of the Steering Committee is agreed and adopted.

5. within a maximum of three (3) working days of receipt of the opinion of the members of the Steering Committee, the Bureau of meteorology hydrology and climate change synthesis of comments and proposals in writing Exposition Organization (if any) (Exposition time are not counted in the total duration of the review Message level, approval).

6. within a maximum of nine (9) business days of receipt of the opinion of the members of the Steering Committee or explanatory comments of the Organization, Department of meteorology hydrology and climate change assessment project and the Ministry of natural resources and environment to consider and decide.

7. within a maximum of five (5) working days, the Ministry of natural resources and environment to consider, the decision to grant approval Letter; the case is not approved, then the organization is announcing the reason in writing.

8. within a maximum of one (1) working day, the Bureau of meteorology hydrology and climate change to pay for the Organization through the Department and results.

9. The total duration of the approval Message level review PDD or PoA-DD as defined in this Article no more than forty (41) working days.

10. Letter of approval of PDD or PoA-DD was sent to the parties build CDM project, DOE and inform relevant agencies of Vietnam.

11. Letters of approval of PDD or PoA-DD effect within 24 months from the date of issue. "

5. Replace annex 1 attached to circular No. 12/2009/TT-BTNMT by Annex 1 attached to this circular.

Article 2. Effect 1. This circular effect since April 27, 2011.

2. During the implementation process, if there are obstacles, suggest the Organization, personal reflections about the Ministry of natural resources and environment to consider, handle./.