Decree 29/2010/nd-Cp: Provisions On Strategic Environmental Assessment, Environmental Impact Assessment, Environmental Commitment

Original Language Title: Nghị định 29/2011/NĐ-CP: Quy định về đánh giá môi trường chiến lược, đánh giá tác động môi trường, cam kết bảo vệ môi trường

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Decree on strategic environmental assessment, environmental impact assessment, is committed to protecting the environment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on environmental protection on November 29, 2005;
Considering the recommendation of the Minister of natural resources and the environment, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on strategic environmental assessment, environmental impact assessment and is committed to protecting the environment.
Article 2. The object of this Decree apply apply to organizations, individual activities related to strategic environmental assessment, environmental impact assessment and commitment to environmental protection on the territory of the Socialist Republic of Vietnam.
Chapter II REVIEWS the ENVIRONMENT Strategy 3. The object implementing strategic environmental assessment and make strategic environmental assessment 1. Strategy, planning, planning five (05) years prescribed in part A of annex I of this decree implementing strategic environmental assessment in the form of detailed reports in strategy formulation, planning, planning.
2. The strategy, planning, planning five (05) years defined in annex I part B to this decree implementing strategic environmental assessment in the form of detailed reports.
3. The strategy, planning, planning five (5) years or more of the disciplines, fields of national level do not list Appendix I of this decree implementing strategic environmental assessment in the form of concise reporting in mainstream strategy, planning, planning.
4. plan year (05) year built consistent with the planning of the sector, the field has been verified reports of strategic environmental assessment is not required for environmental assessment implementation strategy.
5. Encourage implementation of strategic environmental assessment for the strategy, planning, plans are not defined in paragraph 1, 2 and 3 of this article.
Article 4. The time taken and the requirements on the use of the results of the strategic environmental assessment 1. Strategic environmental assessment should be made simultaneously with the process of establishing, planning, strategic plan.
2. the results of the strategic environmental assessment should be integrated into the strategic planning documents, planning.
Article 5. Report content strategy environmental assessment 1. The main content of the report reviews the strategic environment in the form of detailed reports include: a) brief description of strategy, planning, plan;
b) the process of implementation of strategic environmental assessment; description of the scope of the environmental assessment research strategy and the major environmental issues related to strategy, planning, plan;
c) description of the happenings in the past and forecast the trends of the main environmental problems in the case of non-implementation of the strategy, planning, plan;
d) reviews of the suitability of the perspective, the goal of the strategy, planning, planning with the perspective, the objective of protecting the environment; reviews, compare the development of the strategy, planning, plan;
DD) reviews the impact on major environmental issues in the case made the strategy, planning, plan;
e) in consultation with the parties concerned in the process of implementing strategic environmental assessment;
g) proposed to adjust the strategy, planning, planning and preventive measures, to minimize the adverse impact on the environment.
h) instructions on data sources, data and evaluation methods;
I) conclusions and recommendations.
2. Main content environmental assessment report detailed strategies mainstreamed in the strategy report, planning, plans include: a) the process of implementation of strategic environmental assessment; description of the scope of the environmental assessment research strategy and the major environmental issues related to strategy, planning, plan;
b) reviews the suitability of the perspective, the goal of the strategy, planning, planning with the perspective, the objective of protecting the environment; reviews; comparison of the development of the strategy, planning, plan;
c) reviews the impact on major environmental issues in the case made the strategy, planning, plan;
d) consultation of stakeholders in the process of implementing strategic environmental assessment;
DD) proposed to adjust the strategy, planning, planning and preventive measures, to minimize the adverse impact on the environment;
e) conclusions and recommendations.
3. the main contents of the report reviews the environment brief strategy include: a) the process of implementation of strategic environmental assessment, the research scope of the environmental assessment and strategic environmental issues related to strategy, planning, plan;
b) reviews the impact on major environmental issues in the case made the strategy, planning, plan;
c) proposes to adjust the strategy, planning, planning and preventive measures, to minimize the adverse impact on the environment;
d) conclusions and recommendations.
4. Ministry of environmental resources and specifies requirements on the content of environmental assessment and strategic environmental assessment report short strategy; construction, issued the technical guide assess strategic environment.
Article 6. Recommended records appraisal reports strategic environmental assessment 1. Recommended records appraisal reports strategic environmental assessment in the form of detailed reports include: a) the text of the proposal evaluation;
b) environmental assessment report detailed strategy;
c) the draft text of the strategy, planning, planning.
2. proposed evaluation profile reports strategic environmental assessment details integrating in the strategy report, planning, plans include: a) the suggested text evaluation;
b) draft strategic documents, planning, planning has been integrating environmental assessment report detailed strategy.
3. proposed evaluation profile reports strategic environmental assessment include: shortening a) writing assessment recommendations;
b) draft strategic documents, planning, planning has been integrating environmental assessment report strategy of exhaustion.
4. Ministry of natural resources and the environment specifies the number, how the records specified in paragraphs 1, 2 and 3 of this article.
Article 7. Evaluation of the environmental assessment report strategy 1. The responsibility to organize the evaluation report strategic environmental assessment are defined as follows: a) The resources and organizational environment evaluation report reviews strategies for environment, planning, strategic plan by the National Assembly, the Government, the Prime Minister's approval, except for the strategy , planned, planned in secret security, Defense;
b) Ministry of public security, the Ministry of defence, in coordination with the Ministry of natural resources and environment evaluation report reviews the environment strategy for the strategy, planning, planned in secret security and defense by the National Assembly, the Government, the Prime Minister for approval;
c), ministerial-level agencies, government agencies organized evaluation report reviews the environment strategy for the strategy, planning, plan approval authority;
people's Committee), central cities (hereafter referred to collectively as the provincial people's Committee) held the appraisal report reviews strategies for environmental strategy, planning, plan approval authority and of the people's Councils at the same level.
2. Organization of the Agency in the preparation, planning, strategic plan (hereinafter referred to as project owners) send the proposal evaluation report to the strategic environmental assessment the Agency has the responsibility to organize the evaluation report strategic environmental assessment prescribed in paragraph 1 of this article.
3. Commissioning the evaluation report strategic environmental assessment within the time limit specified in article 8 of this Decree has the responsibility to organize the evaluation assessment report strategy and environment announced results evaluation for project owners. Invalid profile case, must send written notice to the owner of the project to edit the supplement within not more than seven (7) working days from the date of receiving the records.
4. The evaluation report strategic environmental assessment is conducted through the authority.
5. Heads or head of Agency organized the evaluation report reviews strategic environment assessment Council. The component authority composed of representatives of the relevant agency directly to environmental issues of strategy, planning, plan, experts, other relevant organizations, including: President of the Council, where necessary add a (01) Vice Chairman; one (1) member of the Secretariat; two (2) the Commissioner and the Commissioner.
6. The evaluation report strategic environmental assessment of exhaustion can be done by taking comments received, reviews written by the assessment Commissioner.
7. where necessary, the Agency has the responsibility to organize the evaluation report strategic environmental assessment conducted the following activities: a) survey the project and surrounding area;
b) verifiable, reviews the information, data, analysis, results, reviews, predictions in environmental assessment strategies;
c) opinions of the socio-political organizations, social organizations, social-professional organization, the professionals involved;
d) organize expert meetings as special subject.
8. Ministry of environmental resources and detailed the hosted evaluation environment assessment report strategy.
Article 8. The time limit for the evaluation report reviews the strategic environment 1. The time limit for the evaluation of environmental assessment report detailed strategies a maximum of forty-five (45) working days from the time of receipt of a valid application; for the evaluation of the environmental assessment report strategy under the authority of the provincial people's Committee, the time limit for a maximum of thirty (30) days, from the time of receipt of a valid application.
2. The time limit for the evaluation report reviews the strategic environment maximum shortening is thirty (30) days, from the time of receipt of a valid application.

3. a case report of strategic environmental assessment to evaluation, the evaluation period as prescribed in clause 1 and 2 of this Article.
Article 9. The responsibility of the project after reports strategic environmental assessment be appraisal 1. Case report of strategic environmental assessment be adopted or adopted with the right conditions, additional editing, project owners have the responsibility to: a) improve environmental assessment report on the strategy on the basis of receiving the opinion of the evaluators.
b) complete text of strategy, planning, plan on the basis of receiving the opinion of the evaluators. In other comments, the case must have specific explanation;
c) explanation in writing on the currency valuation opinions attached writing strategies, planning, the plan was adjusted and the environmental assessment report edited strategy, additional send key.
2. The cases reported in the strategic environmental assessment was through, the owner of the project is responsible for: a) resetting the report strategic environmental assessment;
b) send the proposal back to the appraisal report for the strategic environmental assessment the Agency appraisal to appraisal organizations.
Article 10. Report results evaluation report strategic environmental assessment 1. Assessment agency environmental assessment report-strategic evaluation results report for the competent agency appraisal, approval, planning, strategy planning within a maximum of fifteen (15) working days from the date of receiving the report profile reviews the strategic environment has been edited and supplements.
2. report evaluation results reported strategic environmental assessment is one of the bases for evaluation, approval, planning, strategic plan.
3. Ministry of environmental resources and detailed rules of the content, the form of the report results evaluation and assessment Council meeting minutes.
Article 11. The Agency's responsibility for evaluation, approval, planning, strategic planning, evaluation agencies approved the strategy, planning, planning is responsible for comprehensive, objective review of the proposals and recommendations in the report results evaluation and review of the strategic environmental assessment process , approval, planning, strategic plan.
Chapter III REVIEWS the ENVIRONMENTAL IMPACTS article 12. The object to set the report reviews the environmental impact and the responsibility of the project in the reporting of environmental impact assessment 1. Object to reporting environmental impact assessment specified in annex II to this Decree.
2. the project Owners have a responsibility to establish or hire qualified organizations stipulated in clause 1 of this Decree, article 16 reporting environmental impact assessment for the project.
3. The report reviews the environmental impact must be repeated in the following cases: a) change the location of the project;
b) does not implement the project during the thirty-six (36) months, counting from the time of issuing the decision approving the report on environmental impact assessment;
c) changing the scale, capacity or technology increases the degree of adverse impact to the environment or the scope of impact caused by this change.
Article 13. The time of founding, the appraisal and approval of the report on environmental impact assessment 1. The reporting of environmental impact assessment to be conducted simultaneously with the process of establishment of the project (feasibility study report).
2. The time of the evaluation and approval of the report reviews the environmental impacts are defined as follows: a) for projects of exploration, mineral extraction, the project owner must submit evaluation reports of environmental impact assessment before the competent bodies recommendation level, adjust the exploration license , mining license. Approval decision report is environmental impact assessment pursuant to authority granted the license, regulate the exploration, mining license;
b) for oil and gas exploration projects in categories 1 or 2 in annex II of this Decree, the project owner must submit evaluation reports of environmental impact assessment before the oil and gas exploration. For oil and gas mining projects, the project owner must process the report reviews the environmental impact before approving the mine development plan. Approval decision report is environmental impact assessment pursuant to authority approved the mine development plan;
c) with respect to the project item in the construction object must apply for a building permit, the project owner must submit evaluation reports of environmental impact assessment before the competent bodies recommendation level, adjust the building permit. Approval decision report is environmental impact assessment pursuant to the authorized level, adjust the building permit.
d) for projects not subject to the provisions of points a, b and c of this paragraph, the owner of the project is the evaluation of the report reviews the environmental impact before deciding to invest in the project. Approval decision report is environmental impact assessment pursuant to the decision of investment project.
Article 14. Consultation in the process of reporting environmental impact assessment 1. In the process of reporting the environmental impact assessment, project owners (except in the case prescribed in clause 3 of this) to organize consultation: a) the people's committees of communes, wards and towns (hereinafter referred to as the social level) where implementation of the project.
b) represents residential community, the organization suffered a direct impact of the project.
2. Project Owners invest in production areas, business services, focused in the areas of production, trade, service is inconsistent with the planning profession in the assessment report on the environmental impact of the production, sales, service, focus has been approved must consult the opinion of the Agency has approved the report on environmental impact assessment construction phase production area infrastructure, business, customer service focus.
3. The following circumstances do not have to perform the consultation: a) investment projects in the manufacturing, service, business focus has been approved by the competent authority report environmental impact assessment stage of infrastructure construction with project conditions that must match the planning profession in the assessment report on the environmental impact of the manufacturing, service, business focus has been approved.
b) project is located on the sea has not identified specifically responsible for the administration of the people's Committee of social level;
c) investment projects have elements of national secrets.
Article 15. How to proceed and asked about the results of consultations comments in the report on environmental impact assessment 1. The consultation of the opinion of the Committee, representatives of the township-level people's communities, the organization suffered a direct impact of the project is done in the following way: a) project sent the text to the people's Committee of social, community representatives, the organization suffered a direct impact of the project attached to the document a summary of the main investment categories , environmental problems, the solutions to protect the environment of the project please consult your comments;
b) in the case of necessary social people's Committee convened representatives of organizations, communities directly affected by the project, information for Project Server knows about the time, place, participants dialogue sessions, the same project server host dialogue sessions within a period of ten (10) working days Since receiving the text of the opinion, please consult the project;
c) results for dialogue between the project, the Agency was consulted and the parties concerned are recorded into the minutes, including the list of participants and fully reflect the ideas discussed, opinions gain or not of the project; the minutes are signed (name, title) of the project owner representatives and representatives of the parties concerned to attend the dialogue;
d) within a period of fifteen (15) working days from the date of receipt of the opinion, please consult the township-level people's committees, responsible for project owner replies in writing and publicized so that people know. This term too, if the Agency consulted no comments in writing sent home, the project is considered the Agency consulted agreed with the plan's investment project;
DD) comments approved, not approved by the organizations and individuals consulted must be aggregated and realistic in content review of the environmental impact.
2. The text taking the opinion of the bodies consulted, a dialogue must be copied and attached in the annexes of the report reviews the environmental impact.
3. Ministry of environmental resources and form regulations consult the parties concerned.
Article 16. The condition of the Organization reporting environmental impact assessment 1. Project consulting services organization, must have the following conditions be established to report environmental impact assessment: a) Has specialized environmental officers with five (5) years of experience or more if the Bachelor, three (03) years if has a master's degree, one (01) year for doctoral level;
b) Has specialized officers related to project with university level;
c) Containing the base material-technical, equipment dedicated to measuring, sampling, processing and analysis of environmental samples, ensure the technical requirements. In case there is no dedicated equipment to meet the requirements, to have the lease units have sufficient capacity.
2. organizations providing consultancy services reporting environmental impact assessment responsible owners of the project and before the law about the information, your data in the report on environmental impact assessment.
3. Ministry of environmental resources and conditions detailed instructions, organization of activities of organization consulting services reporting environmental impact assessment.
Article 17. Report content of environmental impact assessment; records suggest approval, appraisal report of environmental impact assessment 1. The main content of the report reviews the environmental impacts include: a) instructions about origin of the project, the owner of the project, the Agency has the authority to approve projects; the source of the information, data and methods used; organizing and conducting reporting environmental impact assessment; the community consultation in the process of reporting environmental impact assessment;

b) lists, detailed description of the activities, the project's items are at risk of causing ill effects to the environment accompanying the scale of space, time, mass execution, operation technology of each category of works and of the project;
c) reviews of the current state of the environment where the implementation of projects and regions; the sensitivity of the environment;
d) reviews, forecasting the impact of the project to the natural conditions, the composition of the natural environment, the community and the socio-economic factors are related; results of community consultation;
DD) proposed measures to mitigate the adverse impact on the natural conditions, the composition of the natural environment, public health and socio-economic factors are related;
e) list of works, program management, and monitoring of environmental problems in the process of implementing the project;
g) estimating cost of building projects for environmental protection in the total cost of the project;
h) commitment of the project on the implementation of environmental protection measures during construction and operation of the project proposed in the report of environmental impact assessment and the other provisions on the protection of the environment are related to the project.
2. the recommended records appraisal, approval of the report reviews the environmental impacts include: a) the text of the proposal evaluation, approved the report on environmental impact assessment;
b) report on environmental impact assessment;
c) investment project (feasibility study report) 3. Ministry of natural resources and environment, detailing the content of the report on environmental impact assessment; proposal evaluation forms and number of the report reviews the environmental impact of the project in the proposed records appraisal reports of environmental impact assessment; construction, issued the technical guide reporting environmental impact assessment.
Article 18. Organization of the report the evaluation of environmental impact assessment 1. The evaluation report of environmental impact assessment is done through the Council of appraisal or valuation services organization.
2. Responsible for implementation the evaluation report reviews the environmental impacts are defined as follows: a) The resources and organizational environment evaluation report of environmental impact assessment for projects in annex III of this Decree, except in secret security project , Defense;
b) ministries, ministerial agencies, government agencies organized evaluation report of environmental impact assessment for the project under the authority of his approval, decision, except for the project defined in annex III of this Decree;
c) Ministry of defence, the Ministry of public security organized evaluation report assessing the environmental impact of the project on jurisdiction, its approval decisions and projects related to security, defense when traffic authority.
d) provincial peoples Committee organized the appraisal report reviews the environmental impacts of the project on the area, except for the specified project in the points a, b and c of this paragraph.
3. The composition of the Council evaluation report reviews the environmental impacts include representatives of management agencies have directly related to environmental issues of the project, the experts, including: President of the Board where necessary, have an additional Vice Chairman of the Council; one (1) member of the Secretariat; two (2) the Commissioner and the Commissioner. Authority component must have over fifty percent (50%) the number of members with expertise on the environment, other fields related to the project. As for the review of the environmental impact of the projects on the assessment of competence of ministries, ministerial agencies, government agencies the composition of the Council must be representative of the Department of natural resources and the environment where the implementation of the project.
4. where necessary, the Agency can conduct due diligence the following activities: a) investigation to verify the information, the data on the current state of the environment in the project location and neighboring areas;
b) verifiable analysis sampling;
c) consult communities where implementation of the project;
d) Hiring experts, social organization, social-professional organization criticizing the content of the report;
DD) Organization of meetings as special subject.
5. Ministry of environmental resources and detailed rules on the Organization and activities of the Council of the appraisal, valuation services organization report environmental impact assessment.
Article 19. The process of evaluation, approved the report on environmental impact assessment 1. Project Server send the proposal evaluation report of environmental impact assessment to the competent agency specified in clause 2 of this Decree 18 Thing.
2. After receiving the records suggest that the evaluation report reviews the environmental impacts of the project, the agency evaluation reports assessing the environmental impact of your conduct resumes, case records are not enough or not valid, within five (5) business days to notify in writing to the owner of the project to complete the profile.
3. Upon receipt of a valid application, within the time limit prescribed in article 20 paragraph 1 of this Decree, the Agency has the responsibility to organize the evaluation of established authority or service organization options appraisal, notify the project owner filed the charge evaluation to implementation the evaluation report of environmental impact assessment; notice in writing of the outcome evaluation for project owners.
4. on the basis of the content of the notice of assessment results report reviews the Agency's environmental impact assessment, project owners have a responsibility to perform one of the following: a) the repeated reports of environmental impact assessment and submit the evaluation organizations in the case of the report reviews the environmental impacts are not through. The time limit for the evaluation procedure, again as the appraisal report reviews the first environmental impact;
b) edit, Supplement to the report on environmental impact assessment and submit the Evaluation Agency for review, the decision authority for approval in the case of the report reviews the environmental impact is through with the right conditions, additional editing. The time limit for editing, additional reports of environmental impact assessment does not count on the time limit for the evaluation, approval of the report on environmental impact assessment;
c) resubmit the report of environmental impact assessment to the competent authority a decision for approval as defined in the case of the report reviews the environmental impact is through editing, additional.
5. the approval authorities report the environmental impact assessment approved by the responsible reporting of environmental impact assessment within the time limit specified in paragraph 2 to article 20 of this Decree, since getting enough valid records.
Article 20. The time limit for the evaluation, approval of the report on environmental impact assessment 1. The time limit for the evaluation report reviews the environmental impacts are defined as follows: a) assessment report on the environmental impact assessment under the authority of the Ministry of natural resources and the environment, the evaluation period a maximum of forty-five (45) working days from the date of receiving the application. The case of complex projects on the environmental impact, the evaluation period to a maximum of sixty (60) working days;
b) reported no environmental impact assessment under the authority of the Ministry of natural resources appraisal and environmental assessment period to a maximum of thirty (30) days from the date of receiving the application. For the complex project of environmental impacts, the evaluation period is forty five (45) days.
2. The time limit for approval of the report on environmental impact assessment for a maximum of fifteen (15) working days from the date of receipt of a valid application.
3. The time limit for the evaluation, approval of the report on environmental impact assessment did not include complete project time profile reported environmental impact assessment.
Article 21. Endorse and submit the report on environmental impact assessment approved 1. After the promulgation of the decision approving the report on environmental impact assessment, the approval authority must endorse on the back of the cover or the extra page cover of the report reviews the impact of the environment has approved the report and submitted to the relevant authorities according to the provisions in paragraph 2 of this Article.
2. The report reviews the environmental impact has been certified, the decision to approve the report of environmental impact assessment regulations as follows: a) the Ministry of natural resources and the environment sends the decision to approve the report of environmental impact assessment for the project a (01) and the Department of natural resources and the environment where the implementation of a project (1); send the decision approving the report on environmental impact assessment for The management of the sector;
b) ministries, ministerial agencies, government agencies sent approved decision accompanied by the report on environmental impact assessment for the project a (01), Ministry of natural resources and environment, a (1), the Department of natural resources and the environment where the implementation of a project (1); for the project in secret security, defense, sending the decision to approve the attached report environmental impact assessment be made according to the regulations;
c) provincial people's Committee sent the attached approval decision report environmental impact assessment for a project owner (1); The people's Committee of the district, town, and city in the province (hereinafter referred to as the people's committees at district level) where the implementation of a project (1); send the approval decision for the Ministry of industry and management-level people's committees of communes where project implementation; send the Ministry of natural resources and the environment decided to approve the attached report of an environmental impact assessment (1) a when requested.
3. provincial people's Committee approval decisions exemplify the report reviews the environmental impact because of the ministries, ministerial agencies, government agencies send to and send it to county-level people's committees, the Committee granted the commune where the execution of the project.
4. Ministry of environmental resources and the model regulations the decision of approval and endorsement forms to report environmental impact assessment.
Article 22. Public information about the project has been approved the report on environmental impact assessment

1. Once approved, the report reviews the environmental impact, the project owner is responsible for creation, approval and listed environmental management plans at the headquarters level people's committees of communes where do community consultation to people know, testing, monitoring.
2. environmental management plan was established on the basis of the program of environmental management proposed in the report of environmental impact assessment, including the following major contents: a) the Organization and operation of the departments of environmental protection of the project;
b) plan of education, enhance the environmental protection awareness of the project;
c) the responsibility of the project and construction contractors (if any) in the implementation of solutions, measures to minimize the adverse impact and prevention, responding to environmental issues during the construction phase of the project;
d) construction planning works to protect the environment;
DD) monitoring plan for waste sources arise; ambient monitoring and other environmental monitoring content in the construction phase and the phase of the project goes into operation officially.
Article 23. The responsibility of the project before putting the project on the official operation 1. Implementation of environmental protection measures in the preparation stages of investment and the construction phase of the project; environmental monitoring at the request of the decision approving the report on environmental impact assessment.
2. The design, construction and installation works to protect the environment; operation test of waste treatment projects; the process of environmental protection in accordance with the law; succession, approved and implemented plans to clean up the lake bed hygiene before area of water in the case of projects with content building irrigation reservoirs or hydroelectric reservoirs.
3. Prepare the test proposal, confirm the performed works, environmental protection measures serve the operating period of the project according to the provisions of article 25 of this Decree and sent the Agency specified in clause 1 article 24 of this Decree to be checked, to confirm before putting the project into official operation.
4. Cooperation and create favorable conditions to the governing body on the protection of the environment check the implementation of the environmental management plan and the implementation of public works, environmental protection, prevention and environmental incident response; provide complete information, the number of project-related data when requested.
5. In the course of the project, if so happens bad influence to the quality of the environment and public health must stop immediately the operation of the project caused the problem; rescue organization to correct the problem; emergency notification for environmental management agency provincial and relevant bodies where projects to steer and coordinate processing.
Article 24. Test organization, confirmed the works, environmental protection measures before the project goes into operation officially 1. The Agency approved the report on environmental impact assessment conducted the following activities for the project by himself approved the report on environmental impact assessment: a) check, confirm the performed works, environmental protection measures serve the operating period of the project according to the provisions of article 25 , 26, 27 and 28 of this Decree;
b) examined the implementation of environment protection measures during the period of preparation of the investment and the construction phase of the project in case of need.
2. the approval bodies report reviews the environmental impact can be delegated to specialized agencies about the environment protection organization subordinated to the perform the operations specified in Points a and b of Paragraph 1 of this article, hereinafter referred to as the Agency check, confirm.
3. for investment projects in various stages and the project owners wishing to take some projects have invested in formal operation before the construction phase of the project ends, the Agency checks, validation can examine, confirm the performed works environmental protection measures, served the stage operation of the projects invested by the project owner.
4. Ministry of environmental resources and detailed instructions operation check, confirm the performed works, environmental protection measures serve the operational phase of the project; construction, issued technical guidelines to support test activities, confirmed the works, environmental protection measures serve the operational phase of the project.
Article 25. Recommended records check, confirm the performed works, environmental protection measures serve the operating period of the project 1. Suggested text check, confirm the performed works, environmental protection measures serve the operational phase of the project.
2. A copy of the approval decision accompanied by the report on environmental impact assessment.
3. report the results of the environmental protection measures serve operational phase of the project, the provisions of article 26 of this Decree, which describes clearly the scale, process waste disposal technology; the adjustment, change compared to the alternatives set out in the report of environmental impact assessment has been approved.
4. The annex to the report included the results of works, environmental protection measures serve operating period of the project, including: the draw and results of test operation the waste treatment facilities; certificate, certification, recognition of the environmental processing equipment, import or sync has been commercialized; the vote results measurements, sample analysis; the minutes and other documents related to the environmental protection measures.
Article 26. The works, environmental protection measures serve the operating period of the project 1. Buildings, equipment and measures collectors, sewage treatment proposed in the report of environmental impact assessment.
2. Buildings, equipment, retention measures, collecting, transporting, handling hazardous waste, solid waste is often proposed in the report of environmental impact assessment.
3. Buildings, equipment, methods of gathering, processing of dust, emissions proposed in the report of environmental impact assessment.
4. Works, equipment, measures to minimize the adverse impact on the environment not related to waste; buildings, equipment, planning to prevent environmental incident response, and the works, technical solutions, measures to protect the environment.
Article 27. The process and the time limit for check, confirm the performed works, environmental protection measures serve the operational phase of the project.
1. check Agency, confirmed the Organization review the records suggest check, confirm the performed works, environmental protection measures serve operational phase of the project by project owners submit to; notice in writing within a period not exceeding five (5) working days from the date of the record in the case of invalid records.
2. check Agency, confirmed the test organization works, environmental protection measures serve operational phase of the project was the project done in the manner prescribed in article 28 of this Decree within a period not to exceed twenty (20) working days from the date of receiving the application. In the case of projects not eligible for the certification level have made works, environmental protection measures serve operating period of the project, the Agency checks, validation must be written notice to the owner of the project within a period not exceeding five (5) working days Since the time of the test results.
3. Project Owners overcome the existence of records and in fact required to be stated in the notice of compliance, verification; complete the recommended records check, confirm the performed works, environmental protection measures serve the operating period of the project and send back the check, the Agency confirmed.
4. where necessary, the Agency checks, validation can check the organization works, environmental protection measures after the project owners to overcome.
5. inspection bodies responsible for granting confirmation confirm the project owner has performed works, environmental protection measures serve operational phase of the project or have written reply stating the reason not granted within a maximum of five (5) working days from the time of receiving the recommended records check, confirm the performed works, environmental protection measures serve operational phase of the project by the project owner to resend.
Article 28. How to proceed to check, confirm the performed works, environmental protection measures serve the operating period of the project 1. Inspection Agency, confirmed the Organization review the records suggest check, confirm the performed works, environmental protection measures serve operational phase of the project by project owners submit to reality check and works, environmental protection measures adopted by the Agency inspection group to check , confirm.
2. the activities of the delegation checked depending on the type, scale, nature of the project and the actual conditions, including the following major contents: a) meeting reviews, discussion of the works, environmental protection measures serve operating period of the project was the project done;
b) check the actual status of works, environmental protection measures serve operating period of the project was the project implementation and technical solutions, relevant equipment;
c) each member delegation check manually the profile research and write reviews, reviews of works, environmental protection measures serve operational phase of the project was the project done;
d) reporting aggregated reviews the actual test results, the equipment works, measures, environmental protection solutions serving the period of operation of the project was the project done.
3. where necessary, inspection agency, confirmed may conduct the following activities: a) to consult or hire experts, organized reviews of works, environmental protection measures serve operational phase of the project was the project done;

b) implement verification of the results of environmental analysis of the project by the project owner provided through these organizations function measurements, sample analysis and advice on the environment.
4. record inspection results and fact check works, environmental protection measures serve operational phase of the project was the project done is expressed in the form of a check, including the signature attached to the name, the title of the head of the delegation test and competent representative of the project.
5. check the Agency granting the confirmation, confirm the performed works, environmental protection measures serve operational phase of the project on the basis of the minutes of the examination and the results of the activities specified in paragraph 3 of this article, if available.
6. the certificate was made public works, environmental protection measures serve the operational phase of the project is to bring the project home base project or some category of works of the project have been invested in the project case was the investment divergence in several stages on the official operation. The certificate was made public works, environmental protection measures serve the operational phase of the project is grounded to the competent State agencies licensed to practice handling, hazardous waste destruction, waste water discharge permits to the water source.
7. Ministry of environmental resources and regulations forms related to the inspection, confirmed the project owner has performed works, environmental protection measures serve the operational phase of the project.
Chapter IV is COMMITTED to PROTECTING the ENVIRONMENT Article 29. The object is created, sign a commitment to environmental protection 1. Project properties, scale, not in the category, or below the level specified by the list in annex II to this Decree.
2. The production, trading, service not subject to establish investment projects but has incurred production waste.
Article 30. Content a commitment to environmental protection, the registration records a committed environmental protection 1. Content a commitment to protect the environment for the project include: a) briefed on the project, including: the name and address of the holder; the name and location of the project; the scale, capacity, production technology; the amount, type of material, the fuel consumed in the process of project implementation. The owner is responsible for the accuracy, completeness of the information, data, statements;
b) waste types arose: the maximum Load, the maximum concentration of each category of waste, if applicable;
c) is committed to implementing measures to reduce, waste and compliance with the provisions of the law on the protection of the environment.
2. content a commitment to protect the environment for the production, trading, service not subject to establish investment projects include: a) briefed on the production, trade, and services, including: the name and address of the holder; venue; the production scale or type of business, service; the amount, type of raw material, fuel consumption during the operation. Home base is responsible for the accuracy, completeness of the information, data, statements;
b) waste types arose: the maximum Load, the maximum concentration of each category of waste, if applicable;
c) is committed to implementing measures to reduce, waste and compliance with the provisions of the law on the protection of the environment.
3. the registration records a commitment to protect the environment include: a) A commitment to protect the environment;
b) project (feasibility study report) or production projects, business.
4. Ministry of natural resources and the environment regulation model of commitment to environmental protection.
Article 31. The time of registration of a committed environmental protection 1. The project exploration, mineral extraction, the project owner must sign a commitment to environmental protection before the competent bodies recommendation level, adjust the exploration license, license exploitation.
2. for petroleum exploration projects, the project owner must sign a commitment to protect the environment before the exploration drilling.
3. for projects of construction items are subject to a building permit, the project owner must sign a commitment to environmental protection before the competent bodies recommendation level, adjust the building permit.
4. With regard to the project, production, business activity, services not subject to the provisions of paragraphs 1, 2 and 3 of this article, the owner of the project or home base must sign a commitment to protect the environment before making the investment, production, business.
Article 32. The organization sign a commitment to environmental protection 1. District-level people's committees have the responsibility to organize the registration of a pledge to protect the environment.
2. in the following cases, the people's Committee at district level can authorize the people's Committee of social organisations signing a commitment to protect the environment: a) manufacturing operations, business services, located in a (1), not subject to the investment project (feasibility study report);
b) project located in a (1) hamlet not waste arise in the process of implementation.
3. for investment projects, production, business activity, the service made from two (2) the district over, home projects, home base business, production was done signing a commitment to protect the environment in one of the district-level people's committees, the most convenient place for project owners , home base.
4. for investment project implementation on the unspecified sea specifically responsible for the administration of the people's Committee at district level, the project owner make the sign a commitment to protect the environment in the people's committees at district level where handling registration, disposing of waste projects. Project case no waste to put on the Mainland for recycling, re-use, waste removal, handling, the owner of the project is not done signing a commitment to protect the environment.
Article 33. The registration process is a commitment to environmental protection 1. Signing a commitment to protect the environment are performed according to the following procedure: a) Home projects, home base to send a registration profile is committed to protecting the environment to the competent authority specified in article 32 of this Decree;
b) within a period of five (5) working days from the date of receipt, the competent authority specified in article 32 of this Decree is responsible for notification in writing to the project owner, home base about the acceptance of records or record not accepted a commitment to protect the environment. The case is not accepted, must clearly state the reason in writing.
2. Ministry of environmental resources and the model regulations notice of acceptance or non-acceptance of a registration dossier is committed to protecting the environment.
Article 34. Send a commitment to protect the environment have to be registrations 1. The case of a commitment to protect environment is registered at the district level people's Committee: within a period of two (2) working days, the people's Committee at district level to send home the project management agency, on the protection of the environment and the people's Committee of the social investment project implementation place , production, business, the services each of which one (1) a commitment to protect the environment have registered; the case of investment projects, production, business, local implementation services from two (2) or more, the district must submit to the people's Committee in the relevant district level.
2. in case of a commitment to protect the environment are registered at the social level: people's Committee within a period of two (2) working days, the social people's Committee sent the owner of the project, the State administration of environmental protection districts each of which one (1) a commitment to protect the environment have to be registrations.
Article 35. The responsibility of the project after a committed environmental protection registered 1. Implementation of measures to minimize the adverse impact on the environment in a commitment to protect the environment have to be registrations.
2. Stop the operation and timely reporting to the Committee, the township-level people's committees at district level where projects to steer and coordinate the handling of the case to the problem bad influence to the quality of the environment and public health in the process of project implementation , production, business.
3. Cooperation, create favorable conditions, provide all the necessary information related to the State administration of environmental protection carried out activity monitoring, testing, inspection in the process of implementation of investment projects, production, business activity.
4. Reiterated a commitment to protect the environment for investment, production, business activity, service in the following cases: a) change location;
b) Not implemented within twenty-four (24) months from the date of commitment to environmental protection is registered;
c) changing the scale, capacity, technology increases the degree of adverse impact to the environment or the scope of impact caused by this change.
5. in the case of investment projects, production, business activity, the service has changed nature or scale to the level equivalent to a audience to reporting environmental impact assessment is prescribed in annex II to this Decree, home projects, home base to report environmental impact assessment submitted the competent authority specified in article 18 of this Decree to be appraised, approved under regulations.
Article 36. The responsibility of State agencies sign a commitment to environmental protection 1. Check the implementation of environmental protection measures in a commitment to protect the environment has been registered and the provisions of the current legislation on the protection of the environment in the process of implementation of investment projects, production, business activity.
2. To receive and handle the proposals and recommendations of the project owner, the owner of the facility or the organizations or individuals related to the implementation of the content, the environmental protection measures in the process of implementation of investment projects, production, business activity.
3. In collaboration with project owners, home base business, producing timely handling of incidents occurring in the process of implementation of investment projects, production, business activity.
Chapter V PROVISIONS Enacted 37. Financial regime for strategic environmental assessment, environmental impact assessment, environmental protection commitments 1. Financial regime for strategic environmental assessment are defined as follows:

a) expense reporting strategic environmental assessment in the funding strategy, planning, planned by the budget guarantees from economic career funding source and other sources, if applicable;
b) costs for evaluation activities environmental assessment report layout strategy from funding environmental career.
2. financial regime for the operation of environmental impact assessment is defined as follows: a) the cost of reporting environmental impact assessment of capital investment of the project;
b) costs for evaluation activities evaluation report layout from the environmental impact assessment fee revenue reported environmental impact assessment;
c) costs for operation check, confirm the project owner has performed works, environmental protection measures are deployed from funding environmental career.
3. financial regime for the activity is committed to protecting the environment are specified as follows: a) the costs of environmental protection commitments arranged from investment capital of the project;
b) costs for the activity to check the implementation of environmental protection measures outlined in a commitment to protect the environment of the source of funding for environmental careers.
4. Responsibilities: a) the Ministry of finance, in collaboration with the Ministry of natural resources and environment guide of points a and b of paragraph 1, points b and c of Paragraph 2, point b of Paragraph 3 of this article;
b) Ministry of natural resources and the environment, in collaboration with the Ministry of planning and investment guide art. 2 and art. 3 of this investment project for the use of State budget funds.
Article 38. Report mode 1. The people's Committee at district level periodically six (06) months to send the report to the provincial people's Committee on the implementation of: activity registration and test the implementation of a commitment to protect the environment; registration activities for environmental protection project on its simple management. The time limit prescribed reports as follows: a the first before 10) July of the year;
b) second before October 1 of next year.
2. provincial people's Committee on Jan. 15 before the annual report for the Ministry of natural resources and the environment of execution: activity report evaluation of strategic environmental assessment; evaluation activities, approved the report on environmental impact assessment; registration activity a commitment to protect the environment; operation check, verification of works, environmental protection measures; operations evaluation, approval and inspection, confirmed the implementation of environment protection project in detail; activity registration and inspection of environmental protection project simply on his previous year's management.
3. Sets (except the Department of Defense and the Ministry of public security), ministerial bodies, government bodies before April 15, 1st annual report for the Ministry of natural resources and the environment of execution: activity report evaluation of strategic environmental assessment; evaluation activities, approved the report on environmental impact assessment; operation check, verification of works, environmental protection measures of the previous year in the field of management.
4. Ministry of environmental resources and detailed rules on the content, the form of the report types defined in clause 1, 2 and 3 of this article.
Article 39. Transitional provisions 1. Recommended profile: appraisal report strategic environmental assessment; evaluation, approved the report on environmental impact assessment; appraisal, approval of the report reviews the additional environmental impact; check, confirm the implementation of the report's contents and requirements of the decision approving the report on environmental impact assessment; Subscribe to confirm a commitment to protect the environment; confirm a commitment of additional environmental protection agency already has the authority to receive before the decree to this effect was further considering the settlement under the provisions of Decree No. 80/2006/ND-CP dated September 8, 2006 by the Government on the detailed rules and instructions for the implementation of some articles of the law on environmental protection and Decree No. 21/2008/ ND-CP of March 2008 of the Government about amending and supplementing a number of articles of Decree No. 80/2006/ND-CP dated 9 August 2006 about detailing and guiding the implementation of some articles of the law on environmental protection.
2. Production zone, business focused services, or manufacturing facilities, business services, has been approved by the environmental protection project responsibility report approved by the Agency for environmental protection project to review the verification of the implementation of environmental protection content given in the environmental protection project under the provisions of the law at the time of the project environmental protection was approved.
3. Production zone, business focus services or production facilities, business, service on this Decree to that effect but no decision approving the report on environmental impact assessment, decision approving the report on environmental impact assessment, additional standard certificate of environment , commitment to environmental protection, the decision of approval or verification of environmental protection project, in addition to being handled violated the provisions of the law, within a period not exceeding two (2) years from the date of this Decree in force must perform one of the two remedial measures following violations : a) established the environmental protection detail for the base scale, comparable properties with the object to reporting environmental impact assessment provisions of this Decree to send the competent agency specified in clause 2 Article 18 decrees to appraise, approve;
b) established the environmental protection simply for the base scale, comparable properties object must sign a commitment to protect the environment specified in this Decree shall send the competent authority specified in article 32 of this Decree to register.
4. Production zone, business focused services, or manufacturing facilities, business services, was granted the approval decision report environmental impact assessment were entered but no official paper confirmed the implementation of the report's contents and requirements of the decision approving the report on environmental impact assessment In addition to being handled violated the provisions of the current law, must prepare the proposal confirmed the works, environmental protection measures have been taken to send the competent authority specified in article 26 of this Decree to be tested, validated within a period of two (2) years from the date of the Decree has effect. The content of records suggest checking, validation works, environmental protection measures; processes, deadlines and how to conduct the check, confirm the environmental protection measures taken in accordance with Articles 24, 25, 27 and 28 of this Decree.
5. environmental protection project details and environmental protection project simply to base production zone, business focused services, or manufacturing facilities, business services, and is the basis for the governing body of the relevant State inspection, the Inspector handling violations.
6. Ministry of environmental resources and detailed rules in the preparation, evaluation, approval and inspection, confirmed the implementation of environment protection project in detail; establishment and registration of environmental protection project simple.
Article 40. Effective enforcement of this Decree in effect enforced since January 5, 2011 and replace the provisions in articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection; the provisions of paragraphs 3, 4, 5, 6, 7, 8, 9 and 10 article 1 of Decree 21/2008/ND-CP of March 2008 of the Government about amending and supplementing a number of articles of Decree No. 80/2006/ND-CP dated 9 August 2006 about detailing and guiding the implementation of some articles of the law on environmental protection.
Article 41. Responsibility 1. Ministry of natural resources and environment is responsible for guiding and organizing the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.