The Decree 140/2006/nd-Cp: Regulating The Protection Of The Environment In The Stitch Setting, Appraisal, Approval And Implementation Of The Strategy, Planning, Plans, Programs And Projects Of Growing ...

Original Language Title: Nghị định 140/2006/NĐ-CP: Quy định việc bảo vệ môi trường trong các khâu lập, thẩm định, phê duyệt và tổ chức thực hiện các chiến lược, quy hoạch, kế hoạch, chương trình và dự án phát triể...

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The DECREE stipulates the protection of the environment in the stitch setting, appraisal, approval and implementation of the strategy, planning, plan, program and project development 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 Decree No. 80/2006/ND-CP dated September 8, 2006 by the Government on the detailed rules and instructions for the implementation of some articles of the law on environmental protection;
Pursuant to Decree No. 81/2006/ND-CP DATED September 8, 2006 by the Government on sanctioning administrative violations in the field of environmental protection;
Considering the recommendation of the Minister of planning and investment.
 
DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the protection of the environment in the stitch setting, appraisal, approval and implementation of the strategy, planning, plan, program and project development.
2. The types of strategies are adjusted in the Decree include: economic development strategy-national society, the region; industry development strategy, field on the scale of the country.
3. The type of development planning is adjusted in the Decree include: overall planning of social-economic development of the region (including the special territory, the key economic region), the province, the central cities; industry development planning, field on the scale of the country.
4. The development plan type was adjusted in the Decree include: socio-economic development plan of the national society, the province, the central cities; industry development plan, fields on the scale of the country.
5. The program development are adjusted in this Decree is the program of social-economic development.
6. The types of development projects are adjusted in this Decree includes the domestic investment projects and foreign investment projects, in particular the following: a) projects of national importance;
b) project that uses a portion of the land or have adverse natural reserve, the National Park, the historic-cultural, natural heritage, landscape has been rated;
c) project risk adverse River basin water resources, coastal zones, ecosystems are protected;
d) project to build infrastructures, industrial economic zones, high-tech zones, export processing zones, industrial clusters, clusters of villages;
DD) project to build a new town, a residential area of focus;
e) mining project, use underground water, natural resources, large scale;
g) other projects have the potential to cause major risk adverse impact for the environment.
Directory of the project to establish the report reviews the environmental impact according to the provisions of Decree No. 80/2006/ND-CP dated September 8, 2006 by the Government on the detailed rules and instructions for the implementation of some articles of the law on environmental protection.
Article 2. The object of this Decree apply apply to agencies, organizations, citizens and organizations, Vietnam foreign individuals residing on the territory of the Socialist Republic of Vietnam have the activities related to the preparation, appraisal, approval and implementation strategy, planning plan, program, and project development.
The case of the international treaties to which the Socialist Republic of Vietnam is a member have other rules shall apply under international treaties.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The development strategy is the development of social-economic country in the overall range, global, long-term and fundamental; the system reflects the views, the basic development goals, the method and the solution of social-economic development in the country's long term period.
2. Master plan for socio-economic development of the region, is justifying social-economic development and spatial organization of economic activities-social rationality on the given territory, in a determined time.
3. Development of the sector, the field is justifying the choice of development projects and sectoral distribution, the logical field in long term period on nationwide and across the region, the territory.
4. key economic Region is part of the national territory consists of a number of provinces, the city of convergence are the conditions and factors that facilitate development, have great economic potential, dynamic role, entice the development of the country.
5. The development plan is the identification of a systematic way the activities aimed at the social-economic development according to the target, the target in a given time. The plan includes the indicators, measures, and mechanisms to implement the policy objectives set out in the plan.
6. development program is a collection of investment objects is done according to a specific plan to achieve that goal. The development program includes a number of projects have inextricably ties in terms of implementation, exploitation, used to achieve the overall objective of the program.
7. Project development is the set of objects are invested with many resources to create, expand or renovate the facility, do vary from less to more, from broad to narrow, from low to high, from simple to complex aims to achieve steady growth in the number of or improve the quality of the investment object during the time period specified.
Article 4. General principles of environmental protection have to be considered, reviewed, taking into consideration right from the formation of ideas, development-oriented and holds throughout the process of creation, appraisal, approval, implementation, planning strategies, plans, programs and projects aimed at ensuring the sustainable development of the country both economically , society and the environment. Not because of the immediate benefits that leave the long-term, serious consequences on the environment.
Article 5. Responsible for implementation 1. Environmental protection is the duty and responsibility of every individual, organization of activities related to the preparation, appraisal, approval and implementation of strategy, planning, plan, program and project development on the territory of Vietnam.
2. the owner, the owner, the Agency decided to approve the strategy, planning, plan, program, project developer must have specific solutions to preventing, limiting and overcoming the environmental problems in the process of implementing the strategy, planning, plan, program and project development.
3. The whole society have rights and obligations in the join, contribute comments, checking, monitoring the process of implementation of the regulation on environmental protection for the strategy, planning, plan, program and project development.
Chapter II RULES PROTECTING the ENVIRONMENT in the STITCH SETTING, appraisal, APPROVAL and IMPLEMENTATION of STRATEGY, planning, plan, program and PROJECT DEVELOPMENT article 6. The stage setting, planning, strategic planning, program and project development 1. As for the strategy, planning, development plans a) The strategy, planning, development plans are established to ensure the harmonious development of economy, society and environment protection; target-oriented development and environmental objectives must comply with the criteria of sustainable development.

b) When establishing the strategy, planning, development plans must have content rating, predicts the effects on the environment, indicators, environmental protection measures. In the development plan must be the target of investment for the enhancement of the capacity of the Organization to manage, monitor the environment, prevent and treat pollution, improving and protecting the environment. The environmental targets should be a component of the system is planned in the levels and was built simultaneously with the norms of social-economic development plan in the industry, and local areas.
c) Agency was tasked to build strategic, planning, planning of development is responsible for reporting and strategic environmental assessment are established simultaneously with the process of establishing, planning, strategic plan.
d) the content of the report strategic environmental assessment was conducted according to the provisions of article 16 of the law on environmental protection.
DD) When establishing the research strategy, planning, development plans, to take the comments of the ministries, the local scientists and related professionals. Separately for urban and rural planning, when research to establish must publicize and the referendum of the people and the people's Council in the area of planning.
2. With respect to the program, the project developed a) The environmental effects to be considered right from the stage of the research program, project development.
b) Investor Programs, project development prescribed in clause 5 and clause 6 article 1 of this Decree are responsible for reporting environmental impact assessment at the same time with the process of setting up the program or feasibility study report of the project to the competent State agencies for approval.
c) the content of the report on environmental impact assessment carried out according to the provisions of article 20 of the law on the protection of the environment.
d) Investor Programs, development projects yourself or hire the services of consultancy organization report environmental impact assessment and is responsible for the data and content stated in the report of environmental impact assessment.
DD) where there is a change in scale, content, implementation time, complete the program, the project owner has accountability to the Agency for approval and must report additional environmental impact when required by the authority.
e) regulations on the protection of the environment in the programming period applicable to the entire program and each project in the programme.
Article 7. The period of due diligence and approval strategies, planning, plan, program and project development 1. As for the strategy, planning, development plans a) content evaluation of the strategy, planning, development plans must include the contents about environmental protection.
b) records appraisal, planning, strategic planning, in addition to the prescribed text, did not include assessment results reported strategic environmental assessment report of the authority.
c) the evaluation of the environmental assessment report implementation strategy as defined in article 17 of the law on environmental protection. The Agency has the authority to appraise the report strategic environmental assessment responsibility to report the results of the evaluation with the agency heads are authorized to approve the strategy, planning, planning to base strategic, planning, planning.
d) competence organizational assessment, strategic planning, implementation plan in accordance with the current legislation.
During the appraisal, the competent State authorities invited the ministries, local, consulting organizations, concerned scientists join the appraisal on the basis of the implementation of the contract with the competent organs of the organization assess and take responsibility for results evaluation.
The Agency held the evaluation based on the opinions of the ministries, the local organizations participate in the evaluation, the Agency may request the strategy, planning, planning, strategy, additional planning, planning.
DD) time evaluation strategy, planning, development plans do not exceed 45 days from the date the Agency received enough appraisal documents, not counting time modify, supplement the record.
e) authority approved the strategy, planning, development plans made under the provisions of the current law.
g) authority approved the strategy, planning, planning based on the profile, the process of approval, planning, strategic plan, the Agency's evaluation report was delivered hosted evaluation, evaluation results reported strategic environmental assessment for review, approval of strategic decisions , planning, planning.
The content of the approval decision must include the contents about environmental protection.
h) after the strategy, planning, development plans have been approved, the State Agency has the authority to publicize widely, on the mass media for the people know to check, monitor the implementation of the strategy, planning, planning.
2. With respect to the program, the project developed a) content evaluation programs, development projects must include the contents about environmental protection.
b) records appraisal program, project development, in addition to the prescribed text, must also include the decision to approve the report of environmental impact assessment authority.
c) the evaluation and approval of the report reviews the environmental impacts of our programs, development projects carried out under the provisions of article 21 and Article 22 of the law on environmental protection. The Agency established the Council of appraisal report reviews the impact of the environment is responsible for reporting the results of the appraisal report with environment impact assessment agency heads have the authority to approve the program, projects to do the base approval program, project.
d) competence organizational assessment, program development projects undertaken in accordance with the current legislation.
DD) competent evaluators, program development projects use professional body affiliated to have enough capacity to organize the evaluation of programs, projects and may invite relevant agencies participating authority.
Agency Organization program evaluation, the project developer is responsible before the law for the content of their assessment.
Duration of program evaluation, development projects undertaken in accordance with the current legislation.
e) authority for approval, licensing of investment programs, the development project based on the evaluation reports of programs, projects, decided to approve the report of environmental impact assessment and other necessary documents for review, the decision approving the programme, project development.
The program, project development prescribed in clause 5 and clause 6 article 1 of this Decree, only approved, licensed investment after reports of environmental impact assessment has been approved.
The content of the approval decision must include the contents about environmental protection.
g) rules on protecting the environment during the period of evaluation and approval of the program apply to the entire program and each project in the programme.
Article 8. The period of implementation, planning, strategic planning, program and project development 1. As for the strategy, planning, development plans a) the process of implementing the strategy, planning, development plans are in full compliance with the environmental protection content outlined in the environmental assessment report strategy.

b) Ministry of natural resources and the environment, in collaboration with the Ministry of planning and investment, the Ministry of industry managers, the people's Committee of the central cities, has the responsibility of monitoring, testing, inspection of the implementation of the regulation on environmental protection for the strategy, planning development plans. The monitoring, inspection, tests performed in accordance with current legislation.
c) the ministries, the people's committees of provinces and cities under central responsibility to resolve under the authority or the Prime Minister to resolve the complaints process the recommendations of the Organization, individuals are related to environmental protection in the process of implementing the strategy, planning development plans.
d) annual recurring, the ministries, the people's committees of provinces and cities under central are responsible for reporting on the State test, inspection, monitoring the implementation of the regulation on environmental protection for the strategy, planning, development plans and send the Ministry of natural resources and the environment. Ministry of natural resources and environment is responsible for the synthesis report to the Prime Minister.
DD) content check, inspect, monitor the implementation of the regulation on environmental protection in strategy, planning, development plans follow the content of the report reviews the strategic environment.
2. for the program, a development project) in the process of implementing the programme, the project developer, project, program owners are responsible for fully implementing the content of the report on environmental impact assessment in accordance with paragraph 1 Article 23 of the law on environmental protection and the relevant legal texts.
b) approved agency reports environmental impact assessment is responsible for directing, inspecting, inspections, monitoring the implementation of the content and environment protection measures in the program, project development; received and processed under the authority of the recommendations of the community about environmental issues related to the program, projects are implemented.
c) programs and development projects must be confirmed on the implementation of the requirements of the decision approving the report on environmental impact assessment. Records, procedures, content checking, validation, follow the current provisions in the text of the relevant law.
d) rules on protecting the environment during the period of implementation the program applicable to the entire program and each project in the programme.
Chapter III LIABILITY of the BODIES article 9. The responsibility of the Ministry of planning and investment to 1. Ensure the implementation of the environmental protection regulations when setting strategy, overall planning, socio-economic development plan of the country, territory, long term plan, annual and 5 year.
2. Ensure the implementation of the regulation on environmental protection in the evaluation of the development of the industry, the territory of ministries, ministerial agencies, and provincial government agencies, central cities; the overall planning of industrial parks, export processing zones; the programs and projects developed under the authority of the decision of Parliament, the Government, the Prime Minister.
3. In coordination with the ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities in ensuring implementation of the regulations on environmental protection in the stitch setting, appraisal, approval and implementation of the strategy, planning, plan, program and project development under the authority of a Congressional decision The Government, the Prime Minister.
4. Coordinate with the ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities of monitoring, testing, inspection of the implementation of the regulation on environmental protection for the strategy, planning, plan, program and project development under the authority of a Congressional decision The Government, the Prime Minister.
Article 10. The responsibility of the Ministry of natural resources and the environment 1. Unified activity management appraisal, approval of the environmental assessment report, the report reviews the environmental impact within the country; Organization of the report evaluation strategy environmental assessment, appraisal and approval of the report on environmental impact assessment in the jurisdiction; Guide to building environmental assessment report strategy.
2. Hosted, in cooperation with the Ministry of planning and investment, the Ministry of industry managers, the people's Committee of the central cities, monitoring, testing, inspection of the implementation of the regulation on environmental protection for the strategy, planning, development plans, programmes and projects developed under the authority of a congressional approval The Government and the Prime Minister; annual recurring General, reported the Prime situation monitoring, testing, inspection of the implementation of the regulation on environmental protection for the strategy, planning, plan, program and project development.
3. Ensure the implementation of the rules protecting the environment in the stitch setting, appraisal, approval and implementation of planning, industry development plan, areas of jurisdiction.
4. The Minister of natural resources and environment monitoring mode instructions, test, inspection and regulations reports the results of the environmental protection regulations for the strategy, planning, plan, program and project development.
Article 11. The responsibility of ministries, ministerial agencies, government agencies 1. Ensure the implementation of the rules protecting the environment in the stitch setting, appraisal, approval and implementation of the strategy, planning, plan, program and project development sectors, areas of jurisdiction.
2. Monitoring, testing, inspection of the implementation of the regulation on environmental protection for the strategy, planning, plan, program and project development sectors, areas of jurisdiction; Annual periodic reporting results send the Ministry of natural resources and the environment.
Article 12. The responsibility of the provincial people's Committee, the city in Central 1. Ensure the implementation of the rules protecting the environment in the stitch setting, appraisal, approval and implementation of the strategy, planning, plan, program, project development of local jurisdiction.
2. Monitoring, testing, inspection of the implementation of the provisions on the protection of the environment for the strategy, planning, plan, program, local development projects; Annual periodic reporting results send the Ministry of natural resources and the environment.
Article 13. Handle violation 1. The authorities, institutions and individuals related to the preparation, appraisal, approval and implementation of the strategy, planning, plan, program and project development, if violating the regulations on protecting the environment of this Decree will be sanctioning administrative violations.
2. Violations of the environmental protection administration, sanctions, fines, authority to sanction, sanction procedures and remedial measures taken under the provisions of Decree No. 81/2006/ND-CP DATED September 8, 2006 by the Government on sanctioning administrative violations in the field of environmental protection.
Chapter IV article 14 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 15. Responsibilities and enforcement the Minister of planning and investment, the Minister of natural resources and the environment within the scope of the functions, duties, his powers have a responsibility to guide and organize the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.

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