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Circular 01/2011/tt-Bxd: A Guide To Strategic Environmental Assessment In The Construction Plan, Urban Planning

Original Language Title: Thông tư 01/2011/TT-BXD: Hướng dẫn đánh giá môi trường chiến lược trong đồ án quy hoạch xây dựng, quy hoạch đô thị

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Pursuant to Decree No. 12/2005/ND-CP on January 24, 2005 by the Government on planned construction;

Pursuant to Decree No. 37/2010/ND-CP on 07/04/2010 the Government establishment, evaluation, approval and management of urban planning;

Pursuant to Decree No. 80/2006/ND-CP dated 09/08/2006 from the Government detailing and guiding the implementation of some articles of the law on environmental protection;

Pursuant to Decree 140/2006/ND-CP on 22/11/2006 of government regulations to protect the environment in the stitch setting, appraisal, approval and implementation of the strategy, planning, plan, program and project development, The build guide strategic environmental assessment in the construction plan , urban planning as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular guides the strategic environmental assessment (SEA) in the construction plan and urban planning, including building the plan, overall planning, sector planning, detailed planning, the planning of rural settlement building and the planning of specialized technical infrastructure (hereinafter referred to as construction planning).

2. This circular apply to organizations and individuals in the country and abroad related to the preparation, appraisal, approval and management of construction planning.

Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: strategic environmental assessment (SEA): is the analysis, forecasting the impact on the environment of the construction plan approval prior to giving optimal construction plan of ensuring sustainable development.

The main environmental problems: as the environmental issues can cause serious impact to the community on a large range or sensitive to the change of construction plan.

Environmental monitoring: the process of tracking the system about the environment, factors that impact on the environment to provide information reviews the current state of environmental quality performance, and the impact on the environment.

Secondary effect: is the indirect impact of the activities related to the environment after a complex process.

Cumulative impact: is the impact from the aggregate impact according to the duration of development activities.

Define the scope: is determined about space, time to evaluate impact, issues and objectives. Space impact evaluation is determined on the basis of planning for construction of boundaries and areas of neighbouring territories can be influenced directly by the impact caused by the operation of construction planning deployment. Time to evaluate the impact is determined according to the period of construction planning stage.

Article 3. General principles 1. SEA is a content of the construction plan, which was made simultaneously in the process of establishing construction plan.

2. The analysis, assessment and prediction of SEA focused on environmental issues, the potential cumulative impact aimed to propose alternatives and solutions to minimize, remedy the negative impacts to the environment when making planning building.

3. The methods used in the SEA must have a clear scientific basis, have to rely on the information sources, specifically input data. The analysis, predictions are based on the data sources and methods specific forecasts, for a maximum amount of impact and indicate the reliability of predictions.

4. for each type of construction planning on a territorial SEA of content, not contradiction, overlaps with the contents stated in the presentation of construction plan in higher levels have cover on it. In the case of inherited the result of the SEA level was higher, it should summarize and cite sources.

5. The evaluation of the content of the SEA be conducted simultaneously with the evaluation of the construction plan. Authority building plan must include experts with expertise on SEA for the construction plan.

Article 4. The conditions of competence and responsibility of the expert SEA 1. The individual presiding over the implementation of SEA or appraisal reports of SEA for the construction plan must have university degree in planning or building technical infrastructure and at least 5 years of activities in the field of planning, protection of the environment; or environmental majors and at least 5 years of activities in the field of construction planning.

2. Individuals performing SEA must coordinate with the experts in construction planning jobs created tasks, make the content of SEA and mainstreamed into the construction plan; responsible for the results of analyses, calculation and prediction of environmental impacts.

Chapter II EVALUATION METHOD of ENVIRONMENT Strategy 5. The steps proceed to SEA SEA implementation method in the construction plan includes the following major steps: 1. Investigation, survey, gather information, identify the scope for joint SEA.

2. Identify the goals and major environmental issues related to planning the construction.

3. Analyzing the current state and performance of the environment when planning construction yet.

4. Analyze environmental performance when making planning the construction.

5. Propose total solutions to mitigate and remedy the environmental impacts.

6. Reporting of SEA in demonstration projects of construction planning.

Article 6. Census, survey, gather information, identify the range of SEA defines the scope of the SEA to ensure SEA process to focus on the most important issues and provide a comprehensive picture of the environment, avoid collecting and giving unnecessary information. Determine the scope of SEA include: 1. Determine the space and time of SEA;

2. Collect the basic data needed to investigate. The results of the investigation, survey, collecting information for the planning of construction projects are common uses for SEA process;

3. Identify the specialist field and the content needs of SEA;

4. Determine the content and scheduling of consultations of the parties concerned.

Article 7. Define the objectives and the major environmental issues related to the planning of building 1. The main environmental issues relevant to the planning of construction to reflect the real situation, the trend and the environmental impacts can occur. The main environmental problems must be established with the objectives and the specific environment, as the basis for the analysis, the evaluation of construction planning.

2. The determination of the environmental targets are based on the provisions of the law on the protection of the environment, strategies, programmes, action plans on the environment, the environmental standards and regulation and other scientific institutions.

3. The main environmental problems may be related to: a) to the climate, geology, hydrology, ecosystems and biodiversity.

b) The geological hazard (slide, landslide, earthquake), flooding, floods.

c) using resources (groundwater, agricultural land and forestry, mineral resources etc.).

d) soil quality, water quality, air quality, noise.

DD) waste management (waste, waste water, waste gas).

e) social issues: population, poverty, relocation, community health and livelihood.

g) issues, cultural heritage.

Article 8. Status quo analysis and environmental performance when not planning to build 1. Status quo analysis and environmental performance when planning construction yet to focus on the major environmental issues are concerned, as a basis for comparison with the environmental change when planning the build is done.

2. content analysis of environmental performance when not planning building including reviews the current state of the environment and environmental performance forecasts when planning yet built (called "no plan").

3. When assessing the current state of the environment can use to report the current state of the environment available to the aggregate. Prediction of environmental performance for "don't approach" should be based on past trends, current issues of environment and development activities that will lead to environmental changes in the future.

Article 9. Analysis of environmental performance when making the planning of building 1. Reviews the objectives and orientation of the building plan: review the consistency, compatible on the target, the target of building planning oriented to the target, the target environment. In case of incompatibility, it is necessary to adjust the target, the target, the orientation of construction planning.

2. When forecasting the environmental performance in the process of implementing the construction should make clear the trend of environmental change that can occur when implementing the content of the planned construction: comparison of environmental impact between the different projects and compare with the case of non-implementation of planned construction as well as comparison with the targets identified environment; Describes the changes in scale, scope, time, space, temporary or long-term, positive or negative, the probability and frequency of occurrence, with or without secondary effects, cumulative effects.

Article 10. Propose solutions to prevent, mitigate and redress the impact, planning, environmental monitoring 1. The technical solutions proposed to control pollution, prevention, disaster mitigation or environmental incident response can occur during the duration of the planned construction. The technical solution must be ranked priority order.

2. content management plans and environmental monitoring is proposed to include: monitoring the main environmental problems; network, frequency, environmental indicators and monitoring methods. Integrating content priority environmental monitoring of the SEA into the monitoring system available locally. Only suggest new monitoring content when really needed. Active management and environmental monitoring should be integrating with active management planning building.

Chapter III the CONTENT of STRATEGIC ENVIRONMENTAL ASSESSMENT in addition to the main environmental issues according to the guidelines in article 7 of this circular, the content of each type of SEA construction planning should focus on the following issues: article 11. The content of SEA in the construction Planning Department


1. environmental issues have a major impact, including: use of resources (land, water, mineral resources, forests, landscape, ...); population distribution, pressure distribution of economic activities in the territory (industry, agriculture, tourism, etc.); River basin environment; the effects of climate change, poverty, environmental degradation, natural disasters, floods.

2. Reviews the current state of the major polluting sources (urban, industrial zone, the mining, ...), the region suffered environmental degradation, ecological conservation areas landscape. Determine the content of environmental planning at the regional scale (water supply Department, Transport Department, municipality of United waste, river basin environmental protection ...).

3. Forecast of the trend of the environmental problems caused by the impact of the urban distribution, population, economic activities, infrastructure networks in the region; environmental problems have not been addressed in the plan. Reviews the consistency between the views, objectives of building and planning perspective, the objective of protecting the environment; predictions, to compare the environmental impact of the planned projects.

4. General, proposals, arrange the order of priority of measures to prevent, reduce, improve environmental problems also exist in the plan; the Department of environmental protection (special forest openings, forest, green corridor, the catchment, heritage ...).

Article 12. SEA master plan content 1. Identify the main environmental issues, pressing in and out of the town include: choice of construction land in relation to avoid disaster and reduce flooding, flood; traffic, construction, environment and landscape; air pollution, noise; polluted rivers and groundwater; the pressure on the management of solid waste; waste water drainage; heritage protection, the ecology ...

2. Reviews the current state of the source of pollution has a direct influence (residential, industrial production facilities, hospitals, waste, ...); the polluted area; level, the consequences of environmental pollution. Reviews the environmental ecosystem, craft villages, urban areas environment.

3. The forecast impact and environmental performance by operating from residential areas, industrial production, trading and service centre, hospital, transport, waste management on the basis of spatial development, urban structures, building land selection, the population density and the partition function.

4. General, proposal, order of priority of measures to prevent, reduce, improve environmental problems also exist in the plan; the area of environmental protection (the green space, protected lake river corridor, the limited area of development ...).

Article 13. The content of SEA in the planning sector 1. Identify the main environmental issues: air quality, noise, land, water, trees, water, sanitation, social conditions of the area.

2. environmental performance reviews, area forecasts, comparing the environmental impact of the scheme on the basis of planning building density, land use planning, layout of functional areas.

3. General, placed the order in the preventive measure, reduce, improve the environmental issues in the plan, proposed the separation distance of the environmental protection for the functional areas, the areas banning construction.

Article 14. The content of SEA in the detailed planning 1. Identify the main environmental issues: air quality, traffic and noise, land, water, trees, ground water, wastewater and sewage treatment, solid waste.

2. Evaluate and forecast the impact to the environment of the area planning.

3. General, arrange the order of priority of measures to prevent, reduce, improve the environmental issues in the plan; Proposed list of construction projects need to make environmental impact assessment.

4. for detailed planning was established for the construction project, conducted under item 2 article 19 of this circular.

Article 15. The content of SEA in the planning of building settlement 1. Determine the main environmental problems in the process of planning the building, in the operation of the settlement: the quality of soil, water, air, environmental sanitation, environmental problems in the operation of the craft-villages, farming, husbandry, aquaculture.

2. impact prediction and environmental developments in the process of implementing settlement construction.

3. General, placed the order in the environmental protection measures in the plan.

Article 16. The content of SEA in the planning of specialized infrastructure 1. SEA of the specialized plan technical infrastructure was done for the professional plan, higher level of background traffic and surface water drainage, power supply and lighting, water supply, sewerage, solid waste disposal, cemetery, contact information.

2. content of SEA should focus on the following issues: a) specialized transportation planning: reviews, compare the positive and negative effects on the environment of the choice of route, the position works the clue (airports, seaports, river ports, intersections, parking the station, subway, railway lines); traffic and air pollution, noise; the social impact related to the recovery of land, resettled by the opening of new routes or expand roads; influence of the cultural-historical; negative effect to nature sanctuaries, national parks and areas of environmental sensitivity by increasing the accessibility or divided b. scene; affects surface water systems; and impact to the drainage system.

b) high planning background and surface water drainage: reviews, compare the positive and negative effects on the environment of the alternatives of drainage basins, drainage and surface water receiving sources, location clue works; the influence of the conditions of the terrain, geology, hydrogeology and geologic hazard areas; the environmental criteria in the evaluation, selection of construction land; the effects due to climate change include the intensity, frequency and duration of precipitation, the impact upon storm and flood risk involved and the effects of sea-level rise, the tide; the relationship between the amount of water draining and flooding, hydrologic regime of the lower flow rate as well as additional hits groundwater.

c) power supply and lighting planning: reviews, compare to affect the environment of the route line, the location of the substation; Disturbance Ecology due to quarantine requirements, the safety of the route corridors; the impact to human health due to electrical and lighting; social impacts related to soil recovery and resettlement due to the construction of distribution systems, power transmission, safety.

d) water supply planning: reviews, compare the positive and negative effects on the environment of the water supply source alternatives, water supply network, partitions and water supply; water quality problems; implications for downstream flow and aquatic species in the case of retrieved surface water; ground subsidence effects and affect the quality, groundwater reserves in case of obtaining groundwater; the existing waste residue and chemical water treatment process.

waste water drainage planning): reviews, compare the positive and negative effects on the environment of the source on the receiver, the ability to load projects collectors and sewage treatment; the quality of water after handling based on the parameters of pollution; solid waste and sewage sludge of wastewater treatment processes; characteristics of underground water in the area to build waste water treatment plants and the possibility of leakage pollution; hydrologic regime and the possibility of flooding in the region put the waste water treatment plant; emissions and odors in wastewater treatment processes; the toxic chemicals exist residual; the microorganisms that cause illness and the health of the people as well as the safety of officials and industry workers.

e) solid waste planning: reviews, compare the positive and negative effects on the environment of the option of online collectors, the location, the scale of transit, shopping, solid waste disposal facility, processing technology; solid waste composition and hazardous; the characteristics of the soil in the area to build landfills and potentially contaminated soil; characteristics of underground water in the area of building solid waste disposal facility and the potential pollution of groundwater; characteristics of surface water systems, flow direction and distance to the solid waste disposal facility; emissions and odors from the processing facility; the negative social impacts to communities in the area put the facility handle or along the shipping bin.

g) planned cemetery: reviews, compare the positive and negative effects on the environment of the location, scale and cemetery burial, funeral technology; about quarantined to the settlement and sensitive buildings; geological conditions and characteristics of the soil in the area is expected to build the cemetery; hydrologic regime and the shifting chemical decomposition in groundwater; characteristics of surface water system in the area and the distance to the cemeteries; social impacts related to soil recovery and resettlement due to the construction of the cemetery; the issue of religion, spirituality, customs related to the work of burial.

h) contact information: planning reviews the impact of the construction and operation of broadcast stations and transmission systems to human health and the environment; Online orientation system and impact on the ecosystem; affect the flow of surface water or groundwater contamination due to the construction of the underground system, viba stations.

Chapter IV REPORT and EVALUATION REPORT REVIEWS the STRATEGIC ENVIRONMENT in article 17. The form of presentation of the report in the SEA presentation-building plan 1. Separate the SEA report: apply for the plan to build the province, the region has a particular scope planning is in the administrative boundaries from 2 provincial and general planning of the central cities.

2. The report is a chapter in demonstration projects of construction planning: applying for the building plan in paragraph 1 of this Article.


Article 18. The structure and content of the SEA report in demonstration projects of construction planning structure of the SEA report includes the following contents: 1. Introduction: scope and content of the research, analysis, strategic environmental assessment; the scientific basis of the method used in the process of implementation of SEA.

2. The problem and the main environmental objectives related to construction planning: the main environmental problems; the environmental goals were stated in the legal text, direction, strategies, action plans, procedures and standards relating to the environment.

3. Analysis, reviews and the current state of the environment when not performing construction planning: quantifying the current state of the environment; prediction of environmental performance on the basis of the data and methods of analysis, scientific computing.

4. The analysis, prediction and impact on the environment when making construction planning: a) reviews the consistency between the views, the goal of the master plan and the goals of environmental protection b) identification of the happenings and the main environmental impacts can occur when performing the planning construction;

c) analysis, calculation, prediction, quantifying the impact and environmental performance on the basis of the data of the planned construction projects. The results of the impact analysis and environmental performance for construction planning approach must be established to compare and contrast, as the basis for the selection of the construction planning approach;

d) analysis, forecasting, quantifying the impacts and environmental developments in the process of implementing the construction (construction, infrastructure construction work in functional areas ...), the proposed list of projects that need to make environmental impact assessment.

DD) construction planning solutions to mitigate and overcome the impact and environmental performance have been identified.

5. technical solutions to control pollution, prevention, disaster mitigation or environmental incident response, control of the environmental impact; management plans and environmental monitoring.

6. The drawings attached: SEA reports include at least 2 drawing: map the current state of the environment environmental assessment and map strategy.

a) map the current state of the environment: expressing the condition and performance of the components of the environment, the main environmental problem when not done the planning. The map must show the source, the main pollution regions, point and the pollution was. The pollution parameters are presented in the form of charts or tables, are compared with the standard, national technical regulation.

b) map strategic environmental assessment: performed impact assessment results to the main environmental problems in the process of implementation planning. The map must show the results predicted sources, points, the main pollution in the future. The pollution parameters presented in the form of charts or tables, are compared with the standard, national technical regulation. The results calculated load amount of pollution is predicted according to the time frame for planning the stages of short, medium and long-term. Encouraged measures and partition the protects the environment.

c) and the rate of expression drawings follow the regulations about the records, the drawing of the building plan.

Article 19. SEA report content in the construction plan on the same locality 1. In case there are already reports of SEA construction plan in higher levels, SEA report content in the lower level plan does not repeat the contents stated in the SEA in the building plan was approved. Meanwhile, reports of SEA should have the following content: a) summary of happenings and environmental impacts, the solutions to overcome and minimize the environmental impacts noted in the report of SEA in the construction plan was approved by the higher level;

b) summary of management plans and environmental monitoring in the SEA in the construction plan was approved by the higher level;

c) efficient implementation solutions, recommendations outlined in the report of SEA construction plan in higher levels have been approved and are in the process of implementation.

2. In the case of the detailed planning of the project was fully quantified information about the system technical infrastructure works and building works, the content of the SEA can turn into the content of reports of environmental impact assessment (EIA). The process of implementation, the content of reports and appraisal the EIA report made under the provisions of the law on environmental impact assessment.

Article 20. Evaluation reports evaluation reports of SEA SEA include the following: 1. implementation methods and report content structure;

2. scientific basis, source material and the reliability of the analytical results, calculations, reports and environmental impact;

3. The results of comparing the performance and environmental impact of the planned construction projects, as a basis for selecting construction planning approach;

4. content and feasibility of management plans and environmental monitoring.

Chapter V IMPLEMENTATION article 21. The liability of the Organization, the individual establishment, evaluation and planning approval to build 1. Organization, individual, appraisal and approval of the construction plan are responsible for implementation in accordance with the law on construction planning and implement the content of SEA in the construction plan under the guidance of this circular.

2. After the construction plan is approved and published, the organization planning to build responsible criticism of SEA reports or summary reports of SEA and published on the website of the local government, at the same time send 01 (text files *.doc or *.pdf/types docx) of the Ministry of construction at the following address bxd-vp@hn.vnn.vn.

Article 22. The responsibility of the governing body 1. Service planning architecture (Ministry of construction), construction (province, city in Central), Department of architectural planning (Hanoi and Ho Chi Minh City) is responsible for inspection, checking the implementation of SEA requirements in the construction plan in its management scope.

2. The science technology and Environment Agency are clues to help the Minister of construction and management of SEA activity guide, periodic synthesis and reports The leader of SEA operations situation in construction planning.

Article 23. Effect 1. This circular has effect from on 15/3/2011.

2. This circular replaces circular No. 10/2000/TT-BXD dated 08/08/2000 of the Ministry of construction Guide and reporting environmental impact assessment for the construction plan.

3. in the implementation process, if there are obstacles, suggest there is writing on The building to be a guide and handle.