Decree 80/2006/nd-Cp: About Detailing And Guiding The Implementation Of Some Articles Of The Law On Environmental Protection

Original Language Title: Nghị định 80/2006/NĐ-CP: Về việc quy định chi tiết và hướng dẫn thi hành một số điều của Luật Bảo vệ môi trường

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Decree on the detailed rules and instructions for the implementation of some articles of the law on the protection of the environment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on environmental protection on November 29, 2005.
Considering the recommendation of the Minister of natural resources and the environment, the DECREE chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the law on environmental protection of environmental standards; strategic environmental assessment, environmental impact assessment and is committed to protecting the environment; environmental protection in the production, sales, service; hazardous waste management; public information, data about the environment.
Article 2. The object of this Decree apply applicable to State authorities, organizations, families and individuals in the country; Vietnam people settled abroad, foreign individuals, institutions that operate on the territory of the Socialist Republic of Vietnam.
Chapter II SPECIFIC PROVISIONS for ENVIRONMENTAL STANDARDS section 1 of article 3. The principle of applying national standards of waste according to the roadmap, industry, region, region 1. Coefficient of area, the industry is number multiplied with the value of each parameter in the national standard of pollution of waste to determine the required value applicable to each area, specific industry consistent with environmental protection requirements.
2. Route of applying national standards regarding waste regulations consistent with the environmental protection requirements of each period in the direction of more and more closely and is regulated in the decision of compulsory disclosure apply.
3. The determination of the coefficient of the standards of waste based on the following principles: a) the coefficient of area of standards of waste identified in the direction of tighter regulations for areas that are zoned for conservation of nature, the area has a sensitive ecosystem, the municipality , residential focus, the area of the environment has been polluted;
b) coefficient of industry standards for waste are determined based on the characteristics of the environment of the specific industry.
Article 4. Building responsibility and authority to enact compulsory disclosure, apply national environmental standards 1. The Organization of construction of national environmental standards are specified as follows: a) the Ministry of the environment and resource guide building methods, presided, in coordination with the ministries concerned identify national environmental standards need issued and assigned the formulation of national environmental standards;
b), ministerial authority, the Government agency organizing the building of national environmental standards under the scope of the industry, the field was given the assignment and management, Ministry of natural resources and the environment to organize the evaluation and promulgation.
2. Ministry of natural resources and the environment issued and announced the mandatory application of national environmental standards for each area, the industry.
Article 5. Order and procedure of construction, appraisal, issued, announced the mandatory application of national environmental standards 1. National environmental standards are constructed according to the following steps: a) refer to the relevant international standards, the standards of countries with similar conditions to Vietnam;
b) reviews the basic requirements with respect to national environmental standards and forecasting the impact of the mandatory application of national environmental standards;
c) define scope, application objects, parameters and limit values of individual parameters of national environmental standards attached to the standard method of measurement, sampling, analysis to define it;
d) Organization drafting environmental standards;
DD) Organization took the opinions of relevant objects and improve the draft national environmental standards;
e) suggest that the Ministry of natural resources and the environment appraisal of the expertise and issued.
2. The profile of professional evaluators recommended the draft national environmental standards including: a) The suggested evaluation of environmental standards;
b) presentations on the need, objectives, Organization-building process, the comments are also different and the opinion of the agency that organized the construction of environmental standards;
c) draft environmental standards.
3. The evaluation of expertise and issued national environmental standards are specified as follows: a) after getting the records suggest a valid assessment, Ministry of natural resources and the environment established the Technical Committee national environmental standards including the professionals have qualifications and experience related to standards and authorized representative of the Ministry of , ministerial-level agencies, governmental bodies concerned;
b) within a period of not more than 30 (thirty) working days from the date of receipt of a valid application proposal evaluation, technical Committee national environmental standards is responsible for the evaluation and the Ministry of natural resources environmental assessment results and the draft national environmental standards.
Within a period not exceeding 15 (fifteen) working days from the date of the valuation report, The resource and environmental decision issuance of national environmental standards; the case does not agree with the evaluation results or does not accept issued national environmental standards, the required technical Committee national environmental standards in conducting appraisal agency requirements or standards organizations continue to complete the draft environmental standards.
4. The publication of mandatory application of national environmental standards are specified as follows: a) on the basis of national environmental standards, the Ministry of natural resources and the environment determines the route applies, the multiplier for each area, specific sectors according to the principles defined in article 3 of this Decree and announced the mandatory application;
b) organizations, individuals are responsible for compliance with national environmental standards since the decision announced compulsory to apply the effect.
5. the Technical Committee national environmental standards are technical consulting organization founded and operate when required to help the Ministry of natural resources and the environment assessed the draft national environmental standards and dissolved after the completion of the task.
Ministry of natural resources and environment of specific regulations on the activities of the Technical Committee national environmental standards.
Section 2 STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT and ENVIRONMENTAL COMMITMENT to article 6. Directory of projects must report the environmental impact assessment and the guidelines for financial activities, evaluation, monitoring, reporting of environmental impact assessment 1. The project is set to report environmental impact assessment is prescribed in annex I attached to this Decree.
2. The Ministry of finance, in collaboration with the Ministry of natural resources and the environment guidelines for financial operations, evaluation, monitoring, reporting, strategic environmental assessment reports on environmental impact assessment and a commitment to protect the environment.
Article 7. Interdisciplinary projects, the evaluation responsibility and approved assessment report on the environmental impact of the resources and environment portfolio, contact the responsibility evaluation and approval of the assessment report on the environmental impact of the Department of natural resources and the environment are specified in annex II attached to this Decree.
Article 8. The conditions and the scope of activities of the organization supplying consultancy services reporting environmental impact assessment 1. The organization provides consultancy services reporting environmental impact assessment should have the following conditions: a) Has technical staff, technology and the environment there is suitable expertise with field projects;

b) have the facilities, machinery, equipment standards, quality assurance according to the rules of measurement, environmental sampling and other related templates consistent with the nature of the project and the location of the project;
c) have the infrastructure-engineering lab, ensure the handling, analysis of environmental samples and templates related to the project. In the absence of satisfactory laboratory, the organization provides consulting services to rental contract other laboratories meet the requirements set out.
2. Every organization in the country, outside the country have registered to operate in Vietnam are eligible as defined in paragraph 1 of this article are conducted providing consultancy services reporting environmental impact assessment, except for projects in the fields of security, defense and the project related to State secrets.
3. Agency, rental unit supply organization consulting services reporting environmental impact assessment is responsible for checking the conditions specified in paragraph 1 of this article before that organizations hire.
Article 9. Records suggest that the evaluation report reviews the environment strategy, environmental impact assessment and sign a commitment to environmental protection 1. Recommended records appraisal reports strategic environmental assessment include: a) the suggested text of project owner evaluators;
b) report strategic environmental assessment;
c) the draft text of the strategy, planning, planning.
2. proposed evaluation profile reports assessing environmental impacts include: a) the suggested text of project owner evaluators;
b) report on environmental impact assessment;
c) feasibility study report or report of investment projects.
3. the registration records a commitment to protect the environment include: a) A commitment to protect the environment;
b) feasibility study report or justification of the investment project.
4. proposed evaluation profile reports strategic environmental assessment records suggest the appraisal report of environmental impact assessments and the registration profile is committed to protecting the environment was submitted to the competent authority defined in article 17; 21 and 26 of the law on environmental protection.
5. Ministry of environmental resources and guide the form, the number of records suggest that the evaluation report reviews the strategic environment, records suggest that the evaluation report of environmental impact assessments and the registration profile is committed to protecting the environment.
6. The case of records not yet valid, within a period not exceeding five working days from the date of receiving the application, the agency receiving records is responsible for notification to the owner, complete additional projects.
Article 10. Evaluation of the environmental assessment report strategy 1. Heads or head of the Agency specified in clause 7 of article 17 the environmental protection law of the decision establishing the Council of appraisal report strategic environmental assessment of the project.
2. evaluation results the report reviews the strategic environment is expressed in the form of the minutes of the sessions of the authority with full content, conclusion, the signature of the Chairman and the Secretary of the Council.
3. The Minister of natural resources and the environment report by the Prime Minister, the Government, the National Assembly on evaluation results reported strategic environmental assessment of the project, accompanied by a copy of the minutes of the authority to do the project base.
4. Professional bodies on the protection of the environment ministries, ministerial-level agencies, government agencies, provincial people's Committee, the central cities of reports of Ministers, heads or agency head has the authority to approve projects on assessment results reported strategic environmental assessment accompanied a copy of the minutes of the authority to make base Cafe Browse the project.
5. Activities of the Council of the appraisal report strategic environmental assessment was conducted according to the regulations by the Minister of natural resources and the environment.
Article 11. The evaluation report of environmental impact assessment 1. Heads or head of the Agency specified in clause 7 of article 21 of law environmental protection decision established the Council of appraisal report reviews the environmental impacts of the project.
2. Heads or head of the Agency specified in clause 7 of article 21 environmental protection laws based on the technically complex nature, technology and the environment of the project to the decision to choose this form of evaluation through the Council of appraisal or valuation services organization. As for the projects in the fields of security, defense and projects relevant to national secret service organization option only in the internal security sector, defense.
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, approved under regulations.
4. where necessary, before proceeding with a formal session of the authority, the agency responsible for the evaluation of organizations may conduct the assessment forms of support are as follows: a) survey of the project location and the vicinity;
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. Operation of the authority and of the service organization of evaluation report the evaluation of environmental impacts is done according to the regulations by the Minister of natural resources and the environment.
Article 12. The time limit for the evaluation report, the strategic environmental assessment reports on environmental impact assessment 1. The projects in the authority, approval of the Prime Minister, the Government, Parliament and interdisciplinary projects, the assessment period, a maximum of 45 (forty five) days from the date of receipt of a valid application.
2. The projects not specified in clause 1 of this article, the time limit for the evaluation of the maximum is 30 (thirty) working days from the date of receipt of a valid application.
3. where environmental assessment strategy, the report reviews the environmental impact is not passed and must be appraised, the evaluation time again performed as prescribed in clause 1 and clause 2 of this Thing.
Article 13. Reporting environmental impact assessment supplements 1. The following cases are reporting environmental impact assessment: a) a change of location, scale, design capacity, technological obligations though n ¸;
b) after 24 months from the date of the report reviews the approved environmental impact, new projects implemented.
2. The content of the report reviews the environmental impacts include: a) The change of the content of the project;
b) changes in the current state of the natural environment and economic factors, social reporting to assess additional environmental impact;
c) changes in environmental impacts and measures to minimize negative impacts;
d) changes in program management and environmental monitoring of the project;
DD) other changes.
3. Within a period of not more than 30 (thirty) working days from the date of receipt of a valid application, the competent State Agency approved the report reviews the impact of the environment is responsible for reviewing, approving the report on environmental impact assessment.
Article 14. The responsibility of the project after reports of environmental impact assessment approved 1. Report writing Committee at district level where the project about content approval decision report environmental impact assessment attached a copy of the approval decision.

2. Listed in the location of the project summary the report reviews the approved environmental impact, which specify: type, volume of waste types; technology, waste processing equipment; the level of processing according to the characteristics of the waste in comparison with the standard rules; other measures on the protection of the environment.
3. Design, construction and installation works the environment: a) on the basis of the principle of the environment set out in the report of environmental impact assessment has been approved, to proceed with the detailed design and construction process in accordance with the current regulations on investment and construction;
b) after detailed works design environment of the approved project, must have written the report State Agency approved the assessment report on the environmental impact of construction plan attached to the profile design details of environmental works to track and test.
4. Protect the environment in the process of construction project: a) during construction of the project, to implement measures to protect the environment, measures to minimize the negative effects on the environment caused by the project and conduct environmental monitoring in accordance with the requirements set out in the report of environmental impact assessment approved as well as the requirements others stated in the decision approving the report on environmental impact assessment;
b) in the process of implementing the construction activities of the project, the adjustment, change the content, the environmental protection measures have to be approved or endorsed, must be reported in writing to send the Agency has approved or endorsed and are only allowed to perform after the opinion approved by the Agency;
c) in the process of implementing the activities of construction and operation of the project if the test occurred environment pollution to stop immediately and promptly report the room environment and resources at district level where implementation of the project and the approval of the report on environmental impact assessment;
d) is responsible for cooperation and create favorable conditions to the State administration of environmental protection monitoring activities conducted, examining the implementation of the contents, measures to protect the environment of the project; provide complete information, the relevant data when requested.
5. Operate the test environment treatment: a) after the construction of the environmental treatment facilities have completed and are collecting, should conduct test operation the environmental treatment to check the technical parameters and the environment according to the design laid out;
b) To build test plans and notify the Agency has approved the report on environmental impact assessment, Department of natural resources and the environment, resources and the environment and community where the project to monitoring plan layout, check;
c) case of incompetent to conduct measurements and analysis of technical parameters and environment, have to sign contracts with organizations that have qualified technical expertise to perform the measurements and analysis;
d) after the end of the test, the operator must have a written report and recommend to confirm the results of test operation of environmental treatment sent the Agency has approved the report on environmental impact assessment to confirm.
Article 15. The responsibility of the State authorities after approval of the report on environmental impact assessment 1. Ministries, ministerial agencies, government agencies send the originals of the decision approving the report on environmental impact assessment to the provincial people's Committee, where implementation of the project.
2. provincial people's Committee sent a copy of the decision approving the report on environmental impact assessment and of ministries, ministerial agencies, Government Agency for district-level people's committees where implementation of the project.
3. the competent State agencies after approval of the report reviews the impact of the environment is responsible for the following: a) to review and collate the profile design, construction and installation works dealt with environmental impact assessment report on the environment was approved; the detection of cases do not fit the report on environmental impact assessment, within a period of not more than 7 (seven) working days from the date of receiving the records, reports, must have written notice for project owners know to adjust, Supplement;
b) to receive and handle the proposals and recommendations of the project owners, institutions and individuals related to the implementation of the content, the environmental protection measures during construction, construction project;
c) the layout plan and conduct surveillance, check the content and implementation of environmental protection measures; processed under the authority or the recommendations handle the violation occurred;
d) inspect, supervise the operation of the testing environment of the treatment project upon receipt of test plans project;
DD) reviewed and validated the results of test operation of environmental treatment;
e) keep and manage entire records, writing about the operation after the evaluation by the project owner, bodies and individuals concerned.
Article 16. Profile, sequence, procedure, test to confirm the implementation of the requirements of the decision approving the report on environmental impact assessment 1. Records suggest checking, validation include: a) the suggested text check, confirm;
b) report described the works, environmental protection measures outlined in the report of environmental impact assessment attached to the profile design and specifications of the works, environmental protection equipment.
Constructions and environmental protection must be a technical inspection before inspection recommendation, confirmation.
c) certificates, certification, recognition, relevant expertise.
2. Within a period of 15 (fifteen) working days from the date of receiving documents of the project, the Agency took the decision to approve the report on environmental impact assessment has a responsibility to check and confirm in writing about the project owner has completed the contents of the report reviews the environmental impact has been approved. For projects with complex problems need long stretches of time checking the time increased by not more than 10 (ten) working days. The case through check, detect project is not done properly and the contents of the report reviews the environmental impact, the project owner requirements continue to perform and report to the Agency the decision approving the report reviews the impact of continued consideration and confirmation.
3. The content should check, confirm for each specific project was implemented according to the content of the report reviews the environmental impact has been approved, which specifically noted the following: a) collection system, waste water treatment;
b) gathering, equipment and methods of handling hazardous waste;
c) The solid waste management measures;
d) measures, equipment, waste, dust, exhaust gas collectors;
DD) measures, equipment noise, vibration;
e) plan, the measures and conditions necessary environmental incident prevention.
4. The form, the specific content of the text report, confirmation text is done according to the instructions of the Ministry of natural resources and the environment.
Article 17. Sign a commitment to environmental protection 1. Upon receipt of a valid application and within the time limit specified in paragraph 2 to article 26 of the law on environmental protection, people's Committee or the people's committees at district level social responsible authorized certificate level for objects in an sign a commitment to protect the environment.
2. The form and content of the registration certificate a is committed to protecting the environment are performed according to the instructions of the Ministry of natural resources and the environment.

Section 3 ENVIRONMENTAL PROTECTION in PRODUCTION OPERATIONS, business services, Article 18. basis of production, services and environment-friendly products 1. Production facilities, environment-friendly service is the facility meets the following requirements: a) accepted the law on the protection of the environment and was certified for environmental standards;
b) Have product management policy during the existence and proper waste management in accordance with the law, including recycling, reuse, over 70% of the total amount of waste;
c) successfully applied and ISO 14001 certificate on environmental management;
d) Save 10% on raw materials, energy, fuel, the amount of water used than the common consumption;
DD) participated and contributed actively to the program, community awareness of environmental protection;
e) not been residential community where manufacturing execution, service to be recognized as the basis of environment-friendly.
2. environment-friendly product is a product that meets one of the following requirements: a) products from waste recycling environmental standards;
b) product after using easy degradable in nature;
c) products do not cause environmental pollution being produced to replace natural ingredients;
d) organic agricultural products;
DD) products are eco label level of organization to be recognized by the State.
3. Production facilities, environment-friendly services are entitled to the priority policies, incentives and support by the State under the provisions of the law.
4. Ministry of environmental resources and guide the evaluation, review and accreditation procedures of production facilities, services and environment-friendly products.
Article 19. Protect the environment for the import, import, export, transit transfer scrap metal 1. Organizations and individuals to import waste materials do not comply with the provisions in item 1 and item 2 Article 43 of the law on environmental protection, the custom properties, level of offense that dealt with administratively or prejudice criminal liability. The case of damage, the compensation prescribed by the law.
2. Temporarily imported, transshipped scrap must strictly implement the following requirements: a) Not Remove, open, use and do distribute scrap during shipping, kept in Vietnam;
b) does not alter the nature and volume of waste materials;
c) re-export, transfer the entire scrap was brought into the territory of Vietnam.
3. The scrap transits through the territory of Vietnam must meet the environmental protection requirements for the transit of the goods prescribed in article 42 of the law on environmental protection.
ITEM 4 WASTE MANAGEMENT article 20. Responsible for the management of hazardous waste in State agencies 1. Ministry of natural resources and the environment has the following responsibilities: a) guide the process of mitigation, statistics, reporting and management of hazardous waste;
b) issued the list of hazardous waste;
c) license and the code works hazardous waste management to organize participation in the management of waste containing local activities range from 2 provinces and cities under central;
d) guide the transportation of hazardous waste abroad processed according to international conventions to which Vietnam is a member in the event of no water technology, appropriate processing equipment.
2. the people's committees of provinces and cities under central has the following responsibilities: a) statistical organization, reviews of hazardous waste generated in the area and have appropriate management measures;
b) layout, the conditions necessary for the management of hazardous waste in line with planning the gathering, handling, hazardous waste landfill was approved;
c) license and the code works hazardous waste management to organize participation in the management of hazardous waste has a range of activities in the area except for the cases specified in point c of paragraph 1 of this article.
Article 21. Recovery, handling used products or disposed of 1. Products specified in paragraph 1 to article 67 of the law on environmental protection must be the symbol of the level of harm, the ability to establish responsible recycling and recovery measures, process after the expiration or consumer use.
The case of imports, the Organization, individuals must register the number of imports and the necessary information of the product with the State administration of environmental protection to establish a central responsibility for the task of recovery measures, the following processing when consumers remove.
2. Based on the actual situation and the needs of environmental protection in each period, the Ministry of natural resources and the environment the Government prime the recovery, processing of expired products used or secondhand.
Section 5 OTHER PROVISIONS Article 22. Appraisal, assessment of environmental technology and management of biological products used in environmental protection 1. Environmental technology assessment, reviews include: a) new environmental technologies are invented;
b) environmental technology import of unknown origin, origin;
c) environmental technologies according to the requirements of the Parties provided, used or of the governing body of the competent State.
2. The publicity, certification and transfer of environmental technologies has been appraised, the reviews are made according to the provisions of the law on Science and technology.
3. The Ministry of science and technology, in collaboration with the Ministry of natural resources and the environment of the specific guide evaluating environmental technologies consistent with the provisions of the law on Science and technology and environmental protection.
4. Ministry of natural resources and the environment issued listing the probiotics used in the prevention, mitigation and treatment of waste; Directory of probiotics to pollute the environment are banned imports.
Article 23. Public information, data on the environment 1. Responsibility for public information, environmental data provided for in paragraph 1 to article 104 of the law on the protection of the environment is done according to the following rules: a) The environment and natural resources has responsibility for public information, national environmental data;
b), ministerial-level agencies, government agencies responsible for public information, data about the environment in the industry, its management areas;
c) specialized agencies about the environment protection of the people's Committee responsible for public information, data on local environmental management by themselves;
d) economic management, industrial zones, export processing zones; home production base, the service responsible for public information, data about the environment in its scope of management.
2. Forms of public information, environmental data are specified as follows: a) widely released in the form of books, news on newspapers and put up the website of the unit for the cases specified in point a and point b of paragraph 1 of this Article;
b) widely released in the form of books, newspapers, newsletters posted on the website of the unit (if available), the report in the people's Council meeting, announced in the neighborhood meetings, listed in the unit's headquarters and the people's committees of communes, wards and towns where the unit operates with respect to the cases stipulated in points c and d account 1 of this article.
Chapter III the TERMS of the IMPLEMENTATION of article 24. Effect 1. The Decree has effect after 15 days from the date The report.
2. Abolish the following decree: a) Decree No. 175/CP dated 18 October 1994 the Government enforcement of environmental protection laws in 1993;
b) Decree No. 142/2004/ND-CP dated 12 July 2004 by the Government on the amendments and supplements article 14 of Decree 177/CP dated 18 October 1994 the Government passed the law of environmental protection in 1993.
Article 25. Responsible for enforcing

1. The Minister of natural resources and environment is responsible for guiding and organizing the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.
 

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