Decree on amending and supplementing a number of articles 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 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;
Pursuant to the law of standards and technical regulation on June 29, 2006;
Considering the recommendation of the Minister of natural resources and the environment, the DECREE: article 1. Modifying, supplementing a number of articles 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 (hereinafter the Decree No. 80/2006/ND-CP) 1. Additional amendments to article 4 as follows: "article 4. The transitional regulations, reviewing, transforming environmental criteria into environmental technical regulation 1. Environmental standards by the State compulsory disclosure apply are converted into environmental technical regulation in accordance with the following: a) standards for the quality of the environment around a converted technical regulation on the quality of the surrounding environment;
b) standards for the waste to be converted into technical regulation on waste.
2. Ministry of natural resources and environment is responsible for reviewing, transforming the national standards for the quality of the surrounding environment and national standards regarding waste issued before 1 January 2007 into the national technical regulation on the quality of the environment and the national technical regulation on waste.
3. Reviewing, transforming environmental quality standards and standards of the waste into the technical regulation on the quality of the surrounding environment and technical regulation of waste is done according to the provisions of the law on technical regulation and standards ".
2. Amendments, supplements article 5 as follows: "article 5. Responsibility, sequence, build procedure, promulgated and regulations environmental technical regulation 1. Ministry of natural resources and environment construction, issued national technical regulation on the quality of the environment, national technical regulation on waste and regulation roadmap, the multiplier to apply a national technical regulation under the waste area, industry.
2. the people's committees of provinces and cities under central Government formulated and promulgated the local technical regulation on waste consistent with local peculiarities.
Local technical regulation on waste are more stringent than the national technical regulation on waste and apply according to the roadmap, the coefficient of area, the corresponding provisions of the industry decided to enact the national technical regulation on waste.
3. The order and procedure of construction, appraisal, issued the environmental technical regulation made under the provisions of the law on technical regulation and standards.
4. organizations and individuals have the obligation to comply with the technical standards for the quality of the surrounding environment, the technical standards of the waste by the competent State agencies issued ".
3. Modify Article 6 paragraph 1, add the following: "1. Replace categories projects must report environmental impact assessment specified in Appendix I attached to Decree No. 80/2006/ND-CP by the categories stipulated in the appendix to this Decree.
The project must plan environmental impact assessment arise in addition to the categories specified in the appendix to this Decree, the Minister of natural resources and the environment to consider, decide and report the Prime Minister ".
4. Supplement Article 6a as follows: "Article 6a. Committee opinions communes, wards, town and community representatives in the process of reporting environmental impact assessment 1. The Fatherland Front Committee of the communes, wards and towns (hereafter known as the Fatherland Front Committee social) representing the community join the opinion in the process of establishing the report reviews the environmental impacts of the project on the area.
2. Project Owner submitted a written notice of the categories of major investment, environmental issues, the solution of environment protection projects and suggested the people's Committee, the Fatherland Front Committee granted the commune where the project participants comments.
3. within fifteen (15) working days from the date of receiving the recommended text join comments, the people's Committee and the Committee of the Fatherland Front social responsibility project owner replies in writing his comments and publicly to the people know.
So the time limit stated above, if not get text reply then was considered the people's Committee of social and residential community representative agreed with the project owner.
4. The following projects are not opinions of the Commission and representatives of township-level people's residential community where the project during the reporting of environmental impact assessment: a) investment projects located in industrial zones, export processing zones, high-tech zones in the case of projects of infrastructure construction of industrial parks export processing zones, high-tech zones which have been state management agencies have the authority to approve the report on environmental impact assessment.
Case report of environmental impact assessment of construction projects of infrastructure, industrial zones, export processing zones and hi-tech zones, approved after July 1, 2006 must be State agencies on the protection of the environment has the authority under the provisions of the law test the confirmation is to fulfill the environmental content stated in the decision of approval and report environmental impact assessment.
b) project on unknown waters are responsible for the administration of the people's Committee for township-level in the process of reporting environmental impact assessment;
c) investment projects in the fields of security, defense related to national secrets ".
5. Amendments, supplements article 11 as follows: "article 11. Evaluation, approved the report on environmental impact assessment 1. Provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) held authority or authorized agency for expertise on environmental protection at the same level held authority or option valuation service organizations report reviews the environmental impacts of the project on the area except for the projects specified in point a and point b paragraph 7 article 21 environmental protection laws.
2. The time of the evaluation, approval of the report reviews the environmental impacts are defined as follows: a) Home projects of mining process of reporting environmental impact assessment to be appraised, approved before please mining license;
b) Home projects of construction or the construction category report reviews the environmental impacts to be assessed before approval, please license the construction, except for the projects specified in point a of this paragraph;
c) investment projects not in the objects specified in points a and b of this paragraph the report environmental impact assessment to be appraised, approved before the commencement of the project.
3. The Council of the appraisal or valuation services has consultation functions help competent authorities consider, evaluate the quality of the report reviews the impact of the environment to do a base review approval under the rules.
4. where necessary, before proceeding with a formal session of the authority, the agency responsible for organizing the evaluators can conduct operations in support of the following: a) survey of the project location and the surrounding area;
b) verifiable analysis sampling;
c) opinions of the community where the project;
d) opinions of external experts to review authority, the Agency for science, technology, social organization, profession, non-governmental organizations concerned;
DD) Organization of the session reviews according to topics.
5. Ministry of environmental resources and the regulation of activities of the Council of appraisal and valuation services organization report environmental impact assessment ".
6. Amend article 13 paragraph 1 point b as follows: "b) after 24 months from the date of the report reviews the approved environmental impact, new projects are implemented.
Where there is a change in the design capacity, technology and the environment around them is not reporting reviews additional environmental impact but to have the text explanation with approval authority ".
7. Amendments, supplements article 17 as follows: "article 17. Registration and confirmation of commitment to environmental protection 1. The time of registration, confirming a commitment to protect the environment are specified as follows: a) Home projects of mining sign a commitment to protect the environment to be confirmed before please mining license;
b) Home projects of construction or the construction category registered a commitment to protect the environment to be confirmed before please license the construction, except for the projects specified in point a of this paragraph;
c) investment projects not in the objects specified in points a and b of this paragraph sign a commitment to protect the environment to be confirmed before commencement of the project.
2. Signing a commitment to protect the environment of the projects made from two (2) of the district, County, town, and city in the province (hereinafter referred to as the district) or over shall be as follows: a) Home project to sign a commitment to protect the environment in the people's committees at district level where the environment suffered the biggest negative impact from projected project;
The case of the project to the same negative impact on the environment of a local number, the project was selected among the local there to sign a commitment to protect the environment.
b) committees at district level where the project owner sign a commitment to protect the environment are responsible for the organisation of the poll-level people's committees in relation confirmation before a commitment to protect the environment and informed the locals his confirmation.
3. Project on unknown waters is responsible for the administration of the people's Committee at district level sign a commitment to protect the environment in the people's committees at district level where handling registration, disposing of the waste.
The case of the project on the unknown waters are responsible for the administration of the people's Committee at district level and no waste does not have to sign a commitment to protect the environment.

4. Ministry of environmental resources and guide the form, the contents of the paper confirms a commitment to protect the environment ".
8. Supplement Article 17a as follows: "Article 17a. Evaluation, approved the report on environmental impact assessment, confirming a commitment to protect the environment of investment in the economic zones, industrial zones, export processing zones and high-tech zones 1. The State Agency has the authority to organize the evaluation, approved the report on environmental impact assessment, confirming a commitment to protect the environment for the economic zone management appraisal, approval of the report on environmental impact assessment, confirming a commitment to protect the environment of investment projects in the economy when the economic zone management committee which Organization, expert on the protection of the environment.
2. the State bodies are competent to assess organizations, approved the report on environmental impact assessment, confirming a commitment to protect the environment is authorized for management of industrial zones, export processing zones, high-tech district verified, approved the report on environmental impact assessment , confirmed a commitment to protect the environment of investment projects in industrial zones, export processing zones, high-tech zones when the following conditions are met: a) the organized management, expert on the protection of the environment;
b) project to build infrastructures of industrial zones, export processing zones, high-tech zones have approved the report on environmental impact assessment.
Case report of environmental impact assessment of the project to build the infrastructures of industrial zones, export processing zones and hi-tech zones, approved after July 1, 2006 must be the State Agency has the authority to check, validation is made correctly and fully the content of environmental protection set out in the decision of approval and reporting the environmental impact assessment.
3. Management of economic zones, industrial zones, export processing zones, high-tech zones authorized responsibility to send report results evaluation, approved the report on environmental impact assessment for the specialized agencies on the protection of the environment, the results confirm a commitment to protect the environment for the specialized agencies about the environment protection districts where economic zone industrial zones, export processing zones, high-tech zones ".
9. Supplement Article 17b as follows: "article 17b. Establishment, approval of the project on environmental protection and check, the Inspector of environmental protection of the production, sales, service and production facilities, business services, service was active before 1 July 2006 without the approval decision report environmental impact assessment certificate or a sign of environmental standards 1. Production area, business owners, service focused and home base business, production, service was active before 1 July 2006 without the approval decision report environmental impact assessment certificate or a sign of environmental standards must be established to protect the environment of the State administration of environmental protection regulations in paragraph 2 this approval or validation before June 30, 2008.
2. Responsible for approval, confirm environmental protection project and check, the Inspector of environmental protection of the objects specified in paragraph 1 of this article shall be as follows: a) specialized agencies of provincial environmental protection approved environmental protection project and check the the Inspector, the implementation of environmental protection of the production, sales, service and production facilities, business services, and the nature of the scale correspond to object to reporting environmental impact assessment;
Specialized agencies of provincial environmental protection where the biggest negative impact from production areas, business services and manufacturing, business services, service organizations are responsible for taking the opinion of the specialized agencies on the protection of the environment of the locality concerned before the approval of the environmental protection project for production areas production, sales, service and production facilities, business services, located in two (2) province, central cities.
b) specialized agencies about the environment protection district level confirmed the environmental protection project and examined, inspected the implementation of environment protection of the production, sales, service and production facilities, business, local service except the production zone, business , service focused and production facilities, business, the services specified in point a of this paragraph.
Specialized agencies about the environment protection districts where the largest negative impact from production areas, business services and manufacturing, business services, service organizations are responsible for taking the opinion of the specialized agencies on the protection of the environment of the local district level involved before approving the environmental protection project for production areas production, sales, service and production facilities, business services, located from two (2) of the district, County, town, and city in the province.
3. environmental protection project of the production, sales, service and production facilities, business services, and the nature of the scale correspond to object to reporting environmental impact assessment are the following: a) on the scale, characteristics , the main activities of the manufacturing areas, business services and manufacturing, business, services related to the environment;
b) overview of the natural conditions, the economy, society, environment;
c) current state of the environment negatively impacted area directly from the operation of the production, sales, service and production base, sales, service;
d) statistics, reviews the sources of negative impact on the environment;
DD) The total solution, the projects of environmental protection and the implementation plan.
4. the environmental protection project of the production, sales, service and production facilities, business services, and the nature of the scale corresponds to the object to establish a commitment to protect the environment are the following: a) statistics and reviews the major emission sources;
b) solutions, the environmental protection and planning done.
5. Ministry of environmental resources and guide the establishment, approval or certification of environmental protection project of the objects specified in paragraph 1 of this article ".
10. Supplement article 17 c as follows: "article 17 c. Records management, inspection, inspection of the implementation of environment protection with the production, sales, service and production facilities, business services, has been granted a certificate of environmental standard registration before 1st July, 2006 1. Specialized agencies of provincial environmental protection records management confirmed the registration of environmental standards and testing, inspection of the implementation of environment protection of the production zone, business services and manufacturing, business services, and the nature of the scale corresponds to the object must set the environmental impact assessment report the school.
2. the people's committees at district level records management confirmed the registration of environmental standards and testing, inspection of the implementation of environment protection of the production, sales, service and production facilities, business, local services are not subject to the provisions in clause 1 of this article.
3. State administration of environmental protection levels are responsible for transfer of records to confirm the registration of the environment standards in manufacturing, business services and manufacturing, business services, currently keeping to assigned agencies responsible for managing that profile defined in clause 1 and clause 2 of this before 30 June 2008 ".
11. Supplement Article 17 d as follows: "article 17 d. Regulations on the protection of the environment for investment, production, trade, service and manufacturing facilities, business services, in the fields of security, defence 1. Investment projects, production, sales, service and production facilities, business services, in the fields of security, Defense must make the request and the procedure on environmental protection under the provisions of the law on the protection of the environment.
2. The Ministry of public security, the Ministry of defence responsible for appraising manual, approved the report on environmental impact assessment, confirming a commitment to protect the environment for the project and examined, inspected the implementation of environment protection of the production zone, business, service focused and the production base business, services in the field of security and defence ".
12. Supplement Article 21a: "Article 21a. Regulations on waste dumped into the Sea 1. Prohibiting the hazardous waste dump down the waters of the Socialist Republic of Vietnam.
2. Prohibition of types of waste dump down the natural protected areas, natural heritage, the region has a new natural ecosystems, areas with seasonal or regular breeding of the species of aquatic and sea products.
3. the usual waste of the means of transport, the active drilling rigs at sea has handled reached on technical regulation of waste was dumped into the sea, except in the waters specified in paragraph 2 of this Article.
4. The solid waste dump from the Mainland has been handled according to the provisions of the law, the waste from dredging activities, the Creek down to the sea must be the consent of the specialized agencies on the protection of the environment ".
13. Amendments, supplements paragraph 3 Article 22 the following: "3. Ministry of environmental resources and guide the inspection, assessment and evaluation of equipment, waste treatment facilities before putting into operation".
14. additional Article 23a as follows: "the Ministry of natural resources and the environment environmental planning guide integrated with land use planning, development planning and social-economic development of the industry, the field".
Article 2. Terms of implementation 1. The Decree has effect after 15 days from the date The report.
2. The processing of resumes received before the date of the Decree has effect are made according to the provisions of Decree No. 80/2006/ND-CP. 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.