Circular 05/2008/tt-Btnmt: Guidance On Strategic Environmental Assessment, Environmental Impact Assessment And Environmental Commitment

Original Language Title: Thông tư 05/2008/TT-BTNMT: Hướng dẫn về đánh giá môi trường chiến lược, đánh giá tác động môi trường và cam kết bảo vệ môi trường

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CIRCULAR guide on strategic environmental assessment, environmental impact assessment and environmental commitment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection on November 29, 2005;
Pursuant to 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;
Pursuant to Decree No. 81/2007/ND-CP dated 23 May 2007 of the Government institutions, expert on the protection of the environment in State agencies and State enterprises;
Pursuant to 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 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection;
Pursuant to Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Ministry of natural resources and the environment guide details some of the content system of strategic environmental assessment, environmental impact assessment and environmental commitment as follows: i. GENERAL PROVISIONS 1. Scope 1.1. This circular detailed instructions make certain the content of the strategic environmental assessment, environmental impact assessment, environmental protection commitments stipulated in the law on environmental protection on November 29, 2005 (hereinafter the law on environmental protection), Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government on the detailed rules and competition guidelines a number of articles of the law on environmental protection (hereinafter the Decree No. 80/2006/ND-CP) 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 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection ( hereinafter the Decree No. 21/2008/ND-CP), including: a), evaluation report of the strategic environmental assessment;
b) Establishment, evaluation and approval of the report on environmental impact assessment, the report reviews the additional environmental impact; implement, test and verify the implementation of the content of the report reviews the environmental impact report, environmental impact assessment and the requirements of the decision of approval;
c) Established, registered and verified sign a commitment to protect the environment;
test mode d), reported on the work of the evaluation and approval of the report on environmental impact assessment and confirmation of registration a commitment to protect the environment.
1.2. This circular does not apply to projects already operational (also known as active basis), including the operational base from before 1 July 2006 that do not implement the rules on establishment, evaluation and approval of the report reviews the environmental impact or does not implement the provisions on establishment registration, and confirm the registration of environmental standards.
1.3. The strategy, planning, planning, projects in the fields of security, defense and in the scope of national secret instructions in other texts.
2. Subjects of application this circular applies to State agencies, organizations and individuals in the country; organizations, foreign individuals (hereinafter referred to as the Organization, individuals) have activities related to the content mentioned in point 1.1 section 1 of part I of this circular.
3. Application of standards, technical standards on the environment When reporting the environmental impact assessment or a commitment to protect the environment, the project owner must apply the mandatory environmental standards applied, the national technical regulation on Vietnam's environment; environmental standards, environmental technical regulation under the international treaties to which Vietnam is a member.
II. ESTABLISHMENT Of The ASSESSMENT, The ENVIRONMENTAL ASSESSMENT REPORT STRATEGY 1. Reporting strategic environmental assessment 1.1. The Agency was tasked to set up the project subject to reporting strategic environmental assessment provisions in article 14 of the law on environmental protection (hereinafter the project) established the task force on the strategic environmental assessment includes environmental experts, scientists concerned with qualifications Professional, fit the content, nature of the project or the Organization hire qualified consultant to conduct the work of the strategic environmental assessment and reporting of strategic environmental assessment, planning, strategic plan.
1.2. The report reviews the strategic environment must be made in accordance with the structure and meet the requirements for the content specified in annex I attached to this circular.
2. Send the proposal evaluation report evaluation strategy 2.1 environment. Project Server send the proposal evaluation report reviews the strategic environment to organize the evaluation provided for in paragraph 7 of article 17 environmental protection laws.
2.2. the model number and the suggested evaluation records are defined as follows: a) 1 (a) text recommended evaluation report reviews the strategic environment according to the form prescribed in Appendix 2 attached to this circular;
b) 9 (nine) the report strategic environmental assessment of the project is to close the book according to the form prescribed in Appendix 3 attached to this circular, signed attached to their name, title of the project and seal in extra cover page;
c) 9 (nine) the draft text of the strategy, planning, plan, have attached their name, signature, the title of the project and seal in extra cover page.
In case the number of assessment Board members need more than 9 (nine), or in the case of other essentials due to the requirements of the work of the evaluation, the project provides more amount of the environmental assessment report strategy and draft writing strategies, planning, planning at the request of the organs of the Organization the evaluation.
3. The evaluation report 3.1 strategic environmental assessment. The Agency has the authority to appraise the report strategic environmental assessment indicated a professional body as the evaluation Council.
3.2. The organization and functioning of the Council of the appraisal report strategic environmental assessment; the Mission of the agency evaluation Council made under regulation by the Minister of natural resources and the environment.
3.3. After receipt of a valid application and meet the requirements for the evaluation, the Agency held the evaluation conducted formed the Council of appraisal report strategic environmental assessment; the number of members of the Board evaluation is decided pursuant to the provisions of paragraphs 2, 3 and 4 Article 17 of the law on the protection of the environment, the nature and scale of the project and the environmental requirements, but must ensure at least 9 (nine) members.
3.4. assessment period prescribed in item 1 and item 2 article 12 of Decree No. 80/2006/ND-CP. 4. The Agency's responsibility to organize the evaluation report 4.1 strategic environmental assessment. Notice in writing to the project owners know about the evaluation results within a period of not more than 5 (five) working days after the end of the session of the authority. The contents of the written notice must specify environmental assessment report adopted strategy does not need to modify, supplement or not passed and must process again or be passed but had to edit the supplement enclosed with the request about the editing, additional environmental assessment report strategy and recommendations related to the adjustment of content the draft text of the strategy, planning, plan (if available).
4.2. Reviewing the contents of environmental assessment report strategy after the edit project owners, Supplement.
4.3. competent bodies reports approved projects on assessment results reported strategic environmental assessment according to the provisions in clause 3 and clause 4 Article 10 of Decree No. 80/2006/ND-CP dated within a period of not more than 10 (ten) working days from the date of receiving the full profile of project hosts as specified in point 5.2 of section 5 of part II of this circular. Report results evaluation report strategic environmental assessment presented as text, in which the evaluation and the recommendations of the evaluation organization agency attached a copy of the minutes of the sessions of the authority with sufficient contents, conclusion , the signature of the Chairman, the Secretary and the authority a copy of the text of the project explain the issues were corrected and supplemented for the environmental assessment report on the strategy to be edited and supplemented at the request of the agency evaluation organization.
5. Responsibility of the 5.1 project. Complete environmental assessment report strategy at the request of the agency evaluation organizations in the case of the report reviews the strategic environment assessment Council through but need to be edited and supplemented (case report reviews the strategic environment assessment Council through , to edit the report reviews the strategic environment and send back the bodies competent evaluators as defined); adjust text draft strategy, planning, plan on the basis of the review; the recommendations of the evaluation organizations and agencies in line with the environmental protection requirements outlined in the report of the strategic environmental assessment were corrected and supplemented.
5.2. Sending back the record consists of 01 (a) the draft text of the strategy, planning, plan has been adjusted, 2 (two) copies, accompanied 01 (a) a recorded on CD the report strategic environmental assessment has been completed and the text explanation of the problems were corrected, additional to the agency assessment organization.
5.3. Time to complete Project Server and send back reports strategic environmental assessment as required by the Agency held the appraisal does not count on the time limits prescribed in clause 1 and clause 2 article 12 of Decree No. 80/2006/ND-CP. III. ESTABLISHMENT, EVALUATION AND APPROVAL OF THE REPORT ON ENVIRONMENTAL IMPACT ASSESSMENT, THE REPORT REVIEWS THE ADDITIONAL ENVIRONMENTAL IMPACT; IMPLEMENT, Test, CERTIFY The IMPLEMENTATION Of The CONTENT Of The REPORT REVIEWS The ENVIRONMENTAL IMPACT REPORT, ENVIRONMENTAL IMPACT ASSESSMENT And The REQUIREMENTS Of The DECISION Of APPROVAL 1. Reporting of environmental impact assessment

1.1. Organization, individual investment projects is subject to reporting environmental impact assessment (hereinafter the project) conducted himself or hire consulting organizations that qualify under the provisions of article 8 of Decree 80/2006/ND-CP to conduct the evaluation of the environmental impact assessment report and the environmental impact of the project.
1.2. The report reviews the environmental impact must be made in accordance with the structure and meet the content requirements specified in Appendix 3 attached to this circular.
2. community consultation 2.1. Project owners submit 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. The specific content of the announcement include: the main content of the project, the project's negative impacts to the natural environment and the socio-economic (which should specify the types of waste concentration, enclosed volume of waste types), these measures to minimize the negative effect will apply and the other commitments of the project on environmental protection (in which need to specify the technology, equipment and waste treatment facilities, level of processing according to the characteristics of the waste in comparison with the standard, normative regulations and other measures on the protection of the environment) attached to the site map (maps, drawings) can be the location of the project in relation to the nature and object of social-economic in around , site map (drawing) of the premises of the project with the main works of the project and the work process and waste management of the project, works to protect the environment for elements other than waste (as can be the connecting point of the infrastructure , including the public and the project's waste management infrastructure system and natural objects outside the fence project area).
2.2. Within the time limit prescribed in paragraph 4 to article 1 of Decree 21/2008/ND-CP, the people's Committee and the National Committee for social responsibility:-publicly to the people know and respond to project owners in writing was established according to the form prescribed in annex 5 attached to this circular.
-Notice in writing require the owner of the project dialogue coordination necessary for the case. The result of dialogue between the project, the people's Committee, the Committee of the Fatherland Front and social stakeholders 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.
2.3. Comments are approved, not approved by the people's Committee, the Fatherland Front Committee, township-level delegate involved dialogue must be aggregated and realistic in content review of the environmental impact.
2.4. The written consultation of the project, writing the opinion of the Committee on contributions to the people, Fatherland Front Committee, report on social dialogue and consultation documents (if any) must be copied and attached in the annexes of the report reviews the environmental impact.
2.5. cases not taken the opinions of the Commission and representatives of township-level people's residential community where the project during the reporting of environmental impact assessment is prescribed in clause 4 Article 1 of Decree 21/2008/ND-CP. 3. Send the proposal evaluation report 3.1 environmental impact assessment. Project Server send the proposal evaluation report of environmental impact assessment to the competent organs of the Organization the evaluation report of environmental impact assessment specified in point a, point b paragraph 7 article 21 environmental protection laws and clause 5 article 1 of Decree 21/2008/ND-CP. 3.2. The model number and the suggested evaluation records are defined as follows: a) 1 (a) the text of the proposal project evaluation and approval of the report reviews the environmental impact according to the model in annex 6 attached to this circular;
b) 7 (seven) a report assessing the environmental impact of the project is to close the book according to the form prescribed in annex 7 attached herewith enclosed, signed their name, title of the project and seal in extra cover page. The case of the number of Board members appraise more than 7 (seven) people, or in the case of other essentials due to the requirements of the work of the evaluation, the project owner must provide the number to report environmental impact assessment at the request of the Organization of the evaluation;
c) 01 (a) investment report or technical-economic report or project investment or equivalent document of the project, the signature attached to the name, the title of the project and seal in extra cover page.
3.3. time to send the proposal, approving evaluation reports assessing the environmental impacts of projects are specified in clause 5 article 1 of Decree 21/2008/ND-CP. 4. Evaluation of the report reviews the environmental impact through the Council.
4.1. The authorities competent to appraise the report of environmental impact assessment and assign a professional body as the evaluation Council.
4.2. Organization and activities of the Council of the appraisal report of environmental impact assessment; the Mission of the agency evaluation Council made under regulation by the Minister of natural resources and the environment.
4.3. After receiving a valid profile and meet the requirements for the evaluation, the Agency held the evaluation Council evaluation report assessing the environmental impact. The number of members of the Board evaluation is decided pursuant to the provisions of paragraphs 2, 3 and 4 Article 21 of law to protect the environment, the nature and scale of the project and the environmental requirements, but must ensure at least 7 (seven) members.
4.4. Within a period of not more than 5 (five) working days from the date of receiving the results of the assessment Board, the agency assessment Council have written to notify the project owner know about the results of the assessment authority and the requirements related to the complete profile reports assessing the impact on the environment.
5. The evaluation report reviews the environmental impact through assessment services organization report environmental impact assessment through evaluation services is done according to the rules of eligibility and evaluation service activities reports environmental impact assessments attached to decision No 19/2007/QD-BTNMT on November 26, 2007 the Minister of Finance resources and the environment (hereinafter the regulation 19).
6. Complete report 6.1 environmental impact assessment. The case of the appraisal through the Council: Project Owners must proceed to complete the report on environmental impact assessment at the request of the organs of the Organization the evaluation, signed on the lower left corner of each page of a (1) the report was complete, and close the book spine stiff with the number as outlined below , send the Agency held the evaluation attached particular explanatory text about this complete to be considered for approval: a) for reporting environmental impact assessment approved by the jurisdiction of the Ministry of natural resources and the environment, the number of reports to ensure enough to send to the address : Ministry of natural resources and environment (3 January supporting a recorded on CD); The Department of natural resources and the environment of the locality where the land use for the project (01); The Ministry of industry, project management (1); Economic management, management of industrial zones, export processing zones, hi-tech zone (hereinafter the Management Board) for investment projects in economic zones, industrial zones, export processing zones, high-tech zone 1 (a); Project 1 (a). The case of the project covers land area of from 2 (two) province, central cities and over, send more number of the report reviews the environmental impact by the amount of the increase;
b) with respect to the report on environmental impact assessment in the Department's approval authority, ministerial-level agencies, government agencies, the number of reports to ensure enough to send to the address: project management, 3 (three) copies, accompanied 01 (a) a recorded on CD; The Department of natural resources and the environment of the locality where the land use for the project 1 (a); Ministry of natural resources and the environment 1 (a); The Board of management for the investment project on economic zones, industrial zones, export processing zones, high-tech zone 1 (a); Project 1 (a);
c) for reporting environmental impact assessment approved by the jurisdiction of the provincial people's Committee, the number of reports to ensure enough to send to the address: provincial people's Committee projects 01 (a) supporting 1 a are recorded on CD; The Department of natural resources and the environment 1 (a); The Board of management for the investment project on economic zones, industrial zones, export processing zones, high-tech zone 1 (a); Project 1 (a).
6.2. in case the appraisal through organizational forms of service: a) complete The review of the environmental impact through service organizations form the evaluation is done according to the provisions of article 14, article 15 and article 16 of regulation 19;
b) report on environmental impact assessments have been completed to ensure the required number and stated in point 6.1 section 6 part III of this circular.
6.3. in case of the complete assessment report environmental impact extends beyond 24 (twenty four) months counted from the time of the writing of the permanent agency authority informed about the results of reviews of the authority and the requirements regarding reporting profiles complete environmental impact assessment or in the process of finalizing the report reviews environmental impact if one of the fundamental change in the technology of production, capacity or location of project implementation, the project owner must repeat the recommended records appraisal reports of environmental impact assessment for the project.
6.4. the complete time reports of environmental impact assessment of the project is not counted in the assessment period is prescribed in article 12 of Decree 80/2006/ND-CP. Appraisal report back the environmental impact assessment

7.1. in case of the report reviews the environmental impacts are not authority or organization evaluation services through or project changes as outlined in point 6.3 item 6 part III of this circular, the evaluation report back environmental impact assessment be done as suggested by the text of the project.
7.2. The evaluation report back environmental impact assessment by the Council of the appraisal or valuation services organization before proceeding; where necessary, the competent authorities organize the evaluation report assessing the environmental impact of the new Council in the recruitment or other service organizations to assess.
7.3. Costs to review evaluation reports assessing the environmental impacts caused by the project owner to pay according to the current regulations and mode.
8. Approves the report of environmental impact assessment 8.1. Approval of the report reviews the environmental impacts are expressed in the form of the decision approving the report on environmental impact assessment according to the form prescribed in annex 8 attached to this circular.
8.2. in case it deems likely to occur the bad impact on the environment but have yet to be fully assessed in the report reviews the environmental impact due to objective reasons as: not yet have enough data on load of the surrounding environment, the risk assessment is not yet reliable enough and other unforeseen causes until the time of approval of the report environmental impact assessment, the competent authority approval must be noted in the attached decision of approval.
9. Confirm and send reports of environmental impact assessment approved after reports of environmental impact assessment has been approved, the competent authority for approval (or bodies approved by the competent bodies authorized) is responsible for:-verification on the back side of the cover page of each report environmental impact assessment according to the form prescribed in Subsection 9 record attached to this circular.
-Send report environmental impact assessment was confirmed with the approval decision report environmental impact assessment for the project owner and other related bodies as defined in point 6.1 item 6 part III of this circular;
-Sending the decision approving the report on environmental impact assessment as prescribed in clause 1 and clause 2 article 15 of Decree No. 80/2006/ND-CP of. 10. Establishment, evaluation and approval of the report on environmental impact assessment 10.1 additions. Project owners in the cases specified in article 13 paragraph 1 point a Decree No. 80/2006/ND-CP and account 6 article 1 of Decree No. 21/2008/ND-CP is responsible for reporting the environmental impact evaluation process additional agencies have approved the assessment report on the environmental impact of the project to verify and approved before implementation.
10.2. The report reviews the environmental impacts are expressed according to the structure and meet the content requirements specified in annex 10 attached to this circular.
10.3. The number, profile template proposal evaluation and approval of the report reviews the environmental impacts are defined as follows: a) 1 (a) text recommended evaluation and approval of the report reviews the additional environmental impact according to the form prescribed in annex 11 attached herewith;
b) 7 (seven) the report reviews the additional environmental impact was close the book according to the form prescribed in annex 12 attached herewith the attached signature, name, title of the project and seal in extra cover page. In case of necessity as required by the work of the evaluation, the project owner must provide the number to report environmental impact assessment complements the Agency's request to organize the evaluation;
c) 1 (a) a copy of the report reviews the environmental impact has been approved previously by the project;
d) 1 (one) copy (to be certified under the provisions of law) of the decision approving the report on environmental impact assessment of the project;
DD) 1 (a) of the report the adjusted investment or technical-economic report adjusted or investment projects adjusted or equivalent document signed attached to their name, title of the project and seal in extra cover page.
10.4. The evaluation report reviews additional environmental impact was made through the form of written opinions of the scientists, management expertise, and appropriate levels of the State administration of environmental protection in local projects. Comments, reviews are performed according to the form prescribed in annex 13 attached to this circular. In case of need, the evaluation report of environmental impact assessment to be conducted can supplement through forms of authority, or organization evaluation services.
10.5. in case the records do not meet the requirements to assess, within a period of not more than 5 (five) working days from the date of the profile of the project proposal, the Agency held the evaluation must have written to notify the project owner knows the reason to complete.
10.6. Case profile meet the requirements to assess, within a period of not more than 30 (thirty) working days, the competent authorities responsible for appraisal review, approve the assessment report additional environmental impact; the case is not yet eligible for approval, they must inform in writing the comments received, the assessment report on the environmental impact assessment complements the project owners know to complete the profile recommended approving the report on environmental impact assessment.
10.7. The contract proposal approved assessment report additional environmental impact including dispatch explanation about finishing the report accompanied by 1 (one) to report environmental impact assessment completed and additional project owners signed on the lower left corner of each page, and close the book spine stiff with the amount equal to the amount of impact evaluation report the environment was approved earlier by the project.
10.8. The approval of the report on environmental impact assessments are made according to the form prescribed in annex 14 attached to this circular with the number of original decision approving the report on environmental impact assessment supplement must be enough to send the audience got the decision approving the report on environmental impact assessment.
10.9. The report reviews the impact of the environment approved the supplement must be endorsed on the back side cover of the page according to the form prescribed in Appendix 3 attached to this circular.
10.10. The report reviews the additional environmental impact has confirmed and the decision to approve the assessment report additional environmental impact be done similar to the send report environmental impact assessment approved and decided to approve the report of environmental impact assessment before.
11. The responsibility of the project after reports of environmental impact assessment is approved.
11.1. The report where district people's Committee in implementing projects on the content of decision approving the report on environmental impact assessment of the project according to the form prescribed in annex 15 attached to this circular within at the latest 15 (fifteen) days after receiving the decision report reviews the environmental impacts of the project.
11.2. listing and content summary report reviews the environmental impact has been approved according to the form prescribed in annex 16 attached to this circular at the headquarters level where Township people's Committee took the comments of previous community consultations. The time listed is the latest 5 (five) days after receipt of the decision approving the report on environmental impact assessment, decision approving the report on environmental impact assessment (if any) and lasted until the project goes into operation officially.
11.3. To prepare and submit to the Agency has approved the report reviews the impact of the environment and Department of natural resources and the environment of the city, where the land use for the project reports, the following text: a) reported construction plan the constructions and environmental protection was set up according to the model defined in annex 17 attached herewith;
b) announced plans to operate the testing of constructions and environmental protection before the project goes into operation officially in the form prescribed in annex 18 attached to this circular;
c) report has made the content of the report and the requirements of the decision approving the report on environmental impact assessment before the project goes into operation officially attached to the proposed text confirms established according to the corresponding model provisions in Annexes 19 and 20 Appendix attached to this circular.
11.4. in case the project assessment report additional environmental impact are approved, the project owner must report the people's Committee of the district level where the content project assessment report additional environmental impact within the time limit as provided in point 11.1 section 11 of part III of this circular and updated In addition, the report outlined in section 11.3 point 11 of part III of this circular the content related to the review of the environmental impacts of approved and additional requirements of the decision approving the report on environmental impact assessment.
11.5. Performs other requirements are stipulated in article 14 of Decree No. 80/2006/ND-CP 12. The responsibility of the Agency to approve the report on environmental impact assessment after the report on environmental impact assessment was approved.
12.1. track, check the implementation of the content of the report reviews the environmental impact, the report reviews the additional environmental impact (if any) approved and required by the decision of approval before the project goes into operation officially on the basis of the study, review of reports recommended records, confirmed by project owners submit to.
Where necessary, the test group established according to the form prescribed in annex 21 attached to this circular to coordinate with related agencies to conduct tests at the location of the project. Test results be established thereon according to the form prescribed in annex 22 attached to this circular and should be representative of the Agency, of the project and of the body coordination test signed, stating the full name.

12.2. Granting the confirmation Server project has made the content of the report and the requirements of the decision approving the report on environmental impact assessment, decision approving the report on environmental impact assessment (if any) before the project goes into operation officially in the form prescribed in Annex 23 attached to this circular within computer from the date of the accompanying Recommendation full records and of the project as defined in section 11.3 point 11 of part III of this circular, namely: a) is the latest 15 (fifteen) working days for the case not to proceed with the activity test, measurement sample analysis, at the location of the project;
b) the latest of 25 (twenty-five) working days for the case to proceed to the inspection activities, sampling, analytical measurements at the venue of the project and the project to qualify for certification.
The case saw the project not yet qualified to confirm, notice in writing stating the reason and the requirements for project owners to continue to perform. Project owners time to complete the requirements of the approved agency reports environmental impact assessment are not counted into the period of 25 (twenty-five) days as mentioned above.
12.3. In the process of testing, verification of the project owners have made the content of the report and the requirements of the decision approving the report on environmental impact assessment, if monitoring data, analysis of the parameters of the environment due to the Project Server report yet ensure reliable the confirmation Agency, in collaboration with the Organization of qualified technical expertise, measuring, sampling and analysis to verify; the expense of inspecting, sampling and analysis of environmental parameters to be retrieved from the funds of the Agency confirmed in accordance with the current legislation.
12.4. the implementation of the provisions stated in article 15 of Decree 80/2006/ND-CP of 13. Technical inspection for constructions and environmental protection 13.1. The technical inspection for constructions and environmental protection made in accordance with the law on investment and construction.
13.2. The organization has to design, construction and installation works, categories of constructions and environmental protection of the project is not done the assessment with respect to technical works or projects.
14. the authorized appraisal and approval of the report reviews the environmental impacts of the project on economic zones, industrial zones, export processing zones, high-tech zones.
14.1. the competent State agency evaluation and approval of the report reviews the environmental impact be delegated in writing to management and assessment organization approved the assessment report on the environmental impact of investment projects in the economic zones, industrial parks and export processing zones high-tech zone, based on the conditions specified in clause 8 article 1 of Decree 21/2008/ND-CP, when organized management, pastoralist expertise on environmental protection as environmental management established by the provisions in clause 1 article 9 of Decree 81/2007/ND-CP on May 23, 2007 the Government's regulation organization parts, expertise on environmental protection in State agencies and State enterprises and have proposed in writing by the Board of management.
14.2. the Board authorized management has the responsibility to fulfill the role as the competent State agencies active in the evaluation of the report reviews the environmental impact through the Council of appraisal or valuation services organization; appraisal report back to environmental impact assessment; approval of the report on environmental impact assessment; confirm and send reports of environmental impact assessment approved; evaluation and approval of the report reviews the environmental impacts of the same project to supplement the report on environmental impact assessment was approved earlier by the proxy form; the responsibility of the Agency to approve the report reviews the environmental impacts after reports of environmental impact assessment approved in accordance with the provisions in part III of this circular, send report results of competent bodies authorised and comply with the inspection regime, the report stipulates in part V of this circular.
IV. ESTABLISHMENT, Registration, CONFIRMATION Of COMMITMENT To ENVIRONMENTAL PROTECTION 1. Established, a commitment to protect the environment 1.1. The project owner in the object prescribed in article 24 of the law on the protection of the environment is responsible for establishing a commitment to protect the environment.
1.2. The structure and content of the requirements of environmental protection commitments made under the provisions of annex 24 attached to this circular.
2. register a commitment for environmental protection 2.1. Project owners have a responsibility to submit a registration dossier is committed to protecting the environment to the people's Committee of the district, County, city, town in the province (hereinafter referred to as district level) where the project or the people's committees of communes, wards and towns in the district (hereinafter referred to as the social level) are authorized to register and certificate level.
2.2. time to sign a commitment to protect the environment is carried out according to the provisions in clause 7 1 article 1 of Decree No. 21/2008/ND-CP. 2.3. The case of the project lies of 02 (two) District, the project owner should conduct reviews, compare and choose level people's committees have geographical suffered the greatest impact by the project to send a registration proposal is committed to protecting the environment.
2.4. The number and registration documents form a commitment to protect the environment are specified as follows: a) 1 (a) text recommended to confirm sign a commitment to protect the environment according to the form prescribed in annex 25 attached herewith;
b) 05 (five) a commitment to protect the environment of the project is closed the book hard back according to form prescribed in annex 26 attached to this circular contains a signature, name, title of the project and seal in extra hard-cover page of each edition. The case of the project lies of 02 (two) the district over, sending a number of more committed to protecting the environment by the number of districts increase;
c) 01 (a) investment report or technical-economic report or scheme of production-business or equivalent document; the case of the project lies of 02 (two) of the district, the number of documents in the record must be increased by the amount the district increased.
3. confirmation of registration a committed environmental protection 3.1. Validate sign a commitment to protect the environment is expressed in the form of verification according to the form prescribed in Annex 27 attached to this circular.
The case of the investment project is located on the area of 2 (two) or more, the district people's Committee at district level receive a registration record of commitment to environmental protection is responsible for sending a commitment to protect the environment to the people's committees of all other land-use districts for the project to get the opinion before granting certification.
3.2. certificate authorities sign a commitment to protect the environment must have a certificate on the back side of the cover page of each edition is committed to protecting the environment according to the form prescribed in Appendix 3 attached to this circular.
3.3. where registration has not yet qualified to confirm the people's committees, district level Committee or authorized township level must have text indicating the reason for sending the project to further improve registration records a commitment to protect the environment. Time to improve the profile of the project not included in the registration confirmation deadline a committed environmental protection stipulated in article 26 of the law on environmental protection.
4. Send the confirmation records a committed environmental protection 4.1. Event registration and validation at the district level, district level people's committees where confirmed registered a commitment to protect the environment are responsible to submit 1 (one) a commitment to protect the environment has endorsed the attached certificate to each of the following addresses: a) project to implement;
b) State administration of provincial environmental protection to report;
c) committees of all other land-use districts for the project for the project covers the range from 2 (two) District.
4.2. in case of registration and confirm the social people's Committee, where confirmed registered a commitment to protect the environment are responsible to submit 1 (one) a commitment to protect the environment has endorsed the attached certificate to each of the following addresses: a) project to implement;
b) committees at district level to report.
5. Establish, sign and certify sign a pledge of additional environmental protection 5.1. The following cases subject to establish a commitment of additional environmental protection:-the project of one of the fundamental changes in technology or the scale, capacity or location; the case of changing the location of the project coincided with the change of the competent agency, the project owner must establish registration documents confirmed a commitment to protect the environment;
-After 24 months from the date a commitment to protect the environment is the competent agency confirmed, new projects are implemented.
5.2. A commitment to additional environmental protection must be made in accordance with the structure and meet the content requirements as defined in annex 28 attached to this circular and the project profile submitted a commitment of additional environmental protection agency has to confirm the registration of a pledge on environmental protection before then to be reviewed , confirm.
5.3. The number and registration documents form a commitment of additional environmental protection are specified as follows: a) 1 (a) text recommended to confirm sign a pledge of additional environmental protection according to the form prescribed in annex 29 attached herewith;
b) 1 (a) a copy of a commitment to protect the environment has been confirmed before;
c) 1 (one) copy (to be certified under the provisions of the law) a registration certificate is committed to protecting the environment;
d) 01 (a) a draft report adjusted investments or technical-economic report adjusted or scheme produced-adjusted business or equivalent document of the project, the signature attached to the name, the title of the project and seal in extra cover page;
DD) the amount of a commitment of additional environmental protection right by the number of copies is committed to protecting the environment of the project were the competent authorities confirmed earlier.

5.4. confirmation of registration is committed to protecting the environment are conducting similar work registering a commitment to environmental protection and is expressed in the form of a registration certificate of commitment of additional environmental protection according to the form prescribed in annex 30 attached to this circular.
5.5. Sending records a commitment of additional environmental protection has confirmed is done similar to the send a commitment to protect the environment has confirmed the earlier project.
6. Authorization for the social people's Committee confirmed sign a commitment to protect the environment 6.1. District-level people's committees were delegated to the people's Committee of social organizations registered confirmed a commitment to protect the environment when people's Commission deems qualified township-level expertise on the environment and have the text of the social people's Committee about the proposal authorized organization confirmed sign a commitment to protect the environment according to the model regulations defined in Annex 31 attached to this circular.
6.2. Within a period of not more than 3 (three) working days from the receipt of the text of the proposal of the people's Committee of the people's Committee, township-level districts are responsible for: a) send text authorized for social people's Committee held a confirmation sign a commitment to protect the environment according to the form prescribed in Annex 32 attached to this circular for with the case agreed to the authorization;
b) Sent to the people's committees and township level Project Server notifications do not agree an authorization, specify the reason.
6.3. the review period, the suggested resolution of the people's Committee of social levels does not count on the time limit for confirmation of registration a commitment to protect the environment.
6.4. in case of not being agreed, the Commission authorized the people social responsibility to return the profile to register a pledge on environmental protection for the project owner to submit to district-level people's committees have the authority to review, to confirm in accordance.
6.5. the people's committees at district level not authorized for social people's Committee in the case of the project lies of 02 (two) communes.
7. registration confirmation authorized a commitment to protect the environment of the projects on economic zones, industrial zones, export processing zones, high-tech zones.
7.1. the people's committees at district level authorities held a registration confirmation of commitment to environmental protection is authorized in writing to management confirmed sign a commitment to protect the environment of investment projects in the economic zones, industrial zones, export processing zones and high-tech zones based on the conditions specified in clause 8 article 1 Decree No. 21/2008/ND-CP when the organized management, expert on the protection of the environment is the environmental management established by the provisions in clause 1 article 9 of Decree 81/2007/ND-CP dated 23 May 2007 of the Government institutions, expert on the protection of the environment in State agencies and State enterprises and have suggested using the text of the Board of management.
7.2. the Board authorized management has the responsibility to fulfill the role as district-level people's committees have jurisdiction in the registration validation activity a commitment to protect the environment; send resumes to confirm a commitment to protect the environment; confirm the registration of a pledge of additional environmental protection along the project with a commitment to protect the environment has been confirmed before then, according to the provisions in part IV of this circular, send report results of the people's Committee at district level competent authority and in compliance with the test mode the report, the provisions in part V of this circular.
V. TEST MODE, REPORTING On The WORK Of The EVALUATION And APPROVAL Of The REPORT On ENVIRONMENTAL IMPACT ASSESSMENT, CONFIRMATION Of REGISTRATION A COMMITTED ENVIRONMENTAL PROTECTION 1. Professional bodies on the protection of the environment by the competent agency evaluation and approval of the report on environmental impact assessment specified in point b of paragraph 7 article 21 of law on environmental protection and the Department of natural resources and environment of the province, the central cities of inspection under the Ministry of natural resources and environment in the work of evaluation and approval of the report reviews the environmental impact according to the provisions of current legislation; responsibility to report in writing to the Ministry of natural resources and the environment before the Jan. 30 annually on work evaluation and approval of the assessment report on the environmental impact of the previous year's data sheet attached (send a printed on A4 size paper by post and file information through electronic mail address) are set according to the form prescribed in Annex 33 released attached to this circular.
2. The Management Board is authorized subject to the test of the authorized agency on work evaluation, approved the report on environmental impact assessment and confirmation work sign a commitment to protect the environment in accordance with the current legislation; are responsible to report in writing to the Agency Jan. 15 below: 2.1. Report the Ministry of natural resources and the environment on the work of the evaluation and approval of the assessment report on the environmental impact of synthetic panels attached results of this activity (send a printed on A4 size paper by post and file information through the e-mail address) of the previous year was established according to the form prescribed in Annex 33 attached to this circular.
2.2. report the Department of natural resources and the environment of the work to confirm the registration of a pledge on environmental protection attached table of General results of this activity (send a printed on A4 size paper by post and file information through the e-mail address) of the previous year was established according to the form prescribed in annex 34 attached to this circular.
3. the people's committees at district level is subject to the inspection of the Department of natural resources and the environment of the work to confirm the registration of a pledge to protect the environment in accordance with the current legislation; are responsible to report in writing to the Department of natural resources and the environment before October 15, annually on work confirmed sign a commitment to protect the environment of the year earlier attached data sheet (A4 prints sent by post and file information through electronic mail address) are set according to the form prescribed in annex 34 attached This circular.
4. The Department of natural resources and environment of the province, central cities are responsible for the written report submitted to the Ministry of communications and Ministry of natural resources and the environment before 30 January each year on the work registration confirmation a commitment to protect local environment in previous year , specify the total number of projects has been granting the confirmation, outlined the difficulties, obstacles and suggest measures to overcome this existence.
VI. ENFORCEMENT Of TERMS 1. Ministries, ministerial agencies, government agencies, the Commission issued implementation of this circular.
2. This circular have effect after 15 days from the Post Gazette and replacing circular No. 08/2006/TT-BTNMT on 8 September 2006 of the Ministry of environmental resources and guidance on strategic environmental assessment, environmental impact assessment and is committed to protecting the environment.
3. The evaluation report reviews the environment strategy, evaluation and approval of the report on environmental impact assessment and confirmation of registration a commitment to protect the environment for the records was the competent body to receive at the time prior to the date of this circular effect is continuing to follow the provisions of circular No. 08/2006/TT-BTNMT.
4. in the process if there are obstacles, it should reflect timely The resources and environment to consider and resolve.
 

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