Advanced Search

Circular No. 490/1998/tt-Bvhtt: Guide And Evaluation Report Of Environmental Impact Evaluation For Investment Projects

Original Language Title: Thông tư 490/1998/TT-BKHCNMT: Hướng dẫn lập và thẩm định báo cáo đánh giá tác động môi trường đối với các dự án đầu tư

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Circulars and verified reports of environmental impact assessment for the project based law trườngđã Congress, Socialist Republic of Vietnam passed on December 27, 1993, and the President signed the order issued on January 10, 1994;
Pursuant to Decree No. 175/CP of October 18, 1994 the Government passed a law to protect the environment;
Pursuant to Decree No. 10/1998/ND-CP dated 23/01/1998 of the Government about some measures to encourage and guarantee investment activities directly in Vietnam;
The base directive no. 06/1998/CT-TTg dated 16/3/1998 of the Prime Minister on the implementation of Decree No. 10/1998/ND-CP of the Government and improve the procedures of foreign direct investment;
Pursuant to Decree No. 22/CP on 22/05/1993 of the Government about the tasks, powers and organization of the Ministry of science, technology and the environment;
The Ministry of science, technology and environment (SCIENCE & MT) Guide and evaluation report of environmental impact assessment for domestic investment projects, joint ventures and foreign direct investment in Vietnam, i. i. GENERAL PRINCIPLES 1. Domestic investment projects, venture, business cooperation with foreign countries, 100% foreign investment and other investment forms (collectively investment project) performed on the territory of Vietnam must adhere to the provisions of this circular in the field of environmental protection.
I. 2. The SCIENCE and TECHNOLOGY portfolio of regulations MT & project into 2 types: 1. The project must be established and the appraisal report of environmental impact assessment referred to in this circular as category I projects: includes projects that have the potential to cause extensive environmental pollution easy, cause environmental problems, hard to control and harder to determine environmental standards. Directory of projects listed in annex I.
The projects of this type will be registered environmental standards if investing in industrial parks, export processing zones, where industrial/export processing zones that have been granted approval decision report environmental impact assessment.
2. All remaining projects referred to in this circular as type II projects would be sign of environmental standards on the basis of self analysis and review of their environmental impact.
I. 3. Decide to ratify the report of environmental impact assessment or confirmation Votes "environmental standards" is the legal base environment to the competent bodies of the State review and allows the project to perform the next step.
 
II. The IMPLEMENTATION of PHASE II. Stage-level investment license.
1. for category I projects. In the profile of the type of projects I have to have a section or a chapter stated summary of potential impacts of the project on the environment (annex II). This is the basis for the State administration of environmental protection in the evaluation process to review the records.
2. for type II projects.
The type II project to establish "environmental standards" and submitted to the State administration of environmental protection for review.
The contents of a register of environmental standards are prescribed in Appendix III of this circular.
Submission include: registered environmental standards according to the model in annex IV. 2.
3 the registration of environmental standards. If the project is foreign direct investment or joint ventures with foreign countries must have more 1 a in English.
1 feasibility study report or technical-economic explanation of the project.
II. 2. construction design stage.
1. After you have granted the investment license and determine the venue, the type of project I have to report the environmental impact assessment process and submitted to the State administration of environmental protection evaluation.
2. The content of the report on environmental impact assessment specified in Appendix i. 2 the Decree 175/CP of October 18, 1994 by the Government.
3. Submission to evaluation include: application to the evaluation of the report reviews the environmental impact according to the model in annex IV.
7 the report of environmental impact assessment. If the project is foreign direct investment or joint ventures with foreign countries must have more 1 a in English.
1 feasibility study report or technical-economic explanation of the project.
II. 3. Closing stages of construction.
Before the work is allowed to put into use, the State administration of environmental protection responsibility: cooperation with the licensing agency inspect construction works in waste management and other safety conditions as required to protect the environment.
If the works are not the subject of environmental protection projects was browsing, then the requirement to project Owners in the proper handling of the report reviews the environmental impacts have been assessed or A sign of environmental standards was confirmed.
When the project was done properly the environment protection requirements, the State administration of environmental protection will consider the respective license.
 
III. ORGANIZATION Of The EVALUATION 1. The decentralized evaluation reports of environmental impact assessment and review "environmental standards" are performed according to annex II of the Decree số175/CP dated October 18, 1994 by the Government.
2. The evaluation reports of the environmental impact assessment must be conducted in accordance with the spirit of decision No. 1806/QD-MTg and regulations of 1807/MTg has been The S & T & MT issued on December 31, 1994.
3. level the level of due diligence that would grant approval decision report the environmental impact assessment (annex V) for projects of type I and certificate of registration of environmental standards (Appendix VI) for projects of type II, and has the responsibility to check, monitor the activities of environment protection projects.
4. for a number of cases, the State administration of environmental protection locally can proceed to appraise the project type I and type II projects consideration not in his hierarchy after dispatch please authorize and consent by the Ministry of SCIENCE and TECHNOLOGY & MT.
5. The time limit for the evaluation report of environmental impact assessment not to exceed 60 days from the State administration of environmental protection receives adequate documents. Case records are not yet satisfactory, slowly for 5 days, the evaluators are responsible for notifying project Owners know to adjust, supplement the record.
At the latest 10 days after the report reviews the approved environmental impact assessment agency, is responsible for granting approval decision report environmental impact assessment for the project.
6. The time limit for considering the "environmental standards" and "certificate" no more than 20 days since the State administration of environmental protection receives adequate documents. Case records are not yet satisfactorily slow for 5 days, the evaluators are responsible for notifying project Owners know to adjust, Supplement.
 
IV. ENVIRONMENTAL STANDARDS 1. All the projects implemented on the territory of Vietnam are to apply environmental standards by the Minister of SCIENCE and TECHNOLOGY, Vietnam & MT. The project implemented in the local environmental standards, can apply local environmental standards that are stricter than the standards by the Ministry of SCIENCE and TECHNOLOGY MT & issued.
2. In the case of environmental standards need apply yet to be defined in the standard environment of Vietnam, the project Owners can apply to apply environmental protection standards of advanced countries when allowed by the Ministry of SCIENCE and TECHNOLOGY & MT.
 
V. the TERMS OF IMPLEMENTATION of this circular replaces circular 1100/TT-MTg by Ministry of SCIENCE and TECHNOLOGY issued a 20-day MT &, 1997.

The Ministry of SCIENCE and TECHNOLOGY SCIENCE and TECHNOLOGY departments mandate MT & & local MT check, closely monitor the implementation of the decision to approve the report on environmental impact assessment, the certificate of registration of environmental standards and compliance with environmental protection regulations of all the projects implemented in the area of management. Tough handling in accordance with the law the project violated the rules on the field of environmental protection.
Department of environment under the Ministry of SCIENCE and TECHNOLOGY, Department of SCIENCE and TECHNOLOGY or MT & & MT is responsible for conducting the review and issue the registration certificate of environmental standards for the project according to the hierarchy defined in point 1 of section III of this circular.
The report reviews the environmental impact has been submitted to the State administration of environmental protection before the deadline in effect of this circular will be appraised under the provisions.
This circular effect after 15 days from the date of signing./.
 
Annex I LIST of PROJECTS to BROWSE REPORTS ENVIRONMENTAL IMPACT ASSESSMENT 1. The work is located in or close to areas susceptible to environmental, natural protected areas, tourism, monuments of culture, history, international and national stature.
2. Planning: 2.1. Development of the region;
2.2. development of the sector;
2.3. The municipality;
2.4. Industrial/export processing zones;
3. oil and gas: About 3.1. Exploitation;
3.2. processing;
3.3. Transporting;
3.4. Inventory (from 20,000 m3 capacity);
4. iron and steel metallurgy plants, oxidized metals (capacity from 100,000 tons/year), 5. Tanning factory (from 10,000 tons/year or more), 6. Textile plants (from 20 million m of fabric/year or more), 7. Paint factory (capacity from 1,000 t products/year), rubber processing (capacity from 10,000 T products/year).
8. Sugar factories (capacity from 100,000 T cane/year or more), 9. Food processing plant (capacity from 1,000 t products/year), 10. Frozen plants (capacity from 1,000 t products/year), 11. Thermal power (capacity from 200MW).
12. pulp and paper plant (capacity from 40,000 tons of pulp per year), 13. Cement plant (capacity from 1 million tons of cement per year and over).
14. Tourism, entertainment (an area of 100 hectares or more words).
15. At the airport.
16. Port (for ship tonnage from 10,000 DWT and above).
17. Railroads, highways, high-speed highways (in level I to level III TCVN 4054-85) has a length of over 50 km.
18. Hydroelectric (water reservoir from 100 million m3 of water).
19. Irrigation (drip irrigation, goal, preventing salty ... from 10,000 hectares).
20. Waste Management (urban sewage treatment capacity from 100,000 m3/day; solid waste landfills).
21. Mineral Mining, construction materials (total volume of solid minerals and soils from 100,000 m3/year or more).
22. Forestry logging (all).
23. aquaculture Area (an area of 200ha Word up).
24. The manufacture, storage and use of hazardous chemicals (all).
25. nuclear reactor (all).
* The above project if invested in industrial/export processing zones have been granted the approval decision report reviews the environmental impact will be registered environmental standards on the basis of self analysis and review of their environmental impact.
 
ANNEX II EXPLANATION of the FACTORS AFFECTING the ENVIRONMENT (in the viable evidence or justification-economic techniques to please the investment license) i. presentation summarizes the key elements affecting the environment.
1. Data about the current state of the environment where the project (quality of surface water, groundwater, air, ecosystem...). General remarks the level of contamination in the place will carry out the project.
2. Description/map production process technology, resources, fuel use, the list of chemicals ... (if in the process of technical economic demonstration unclear).
3. When implementing the project, a clear presentation of the main factors that will affect the environment due to the project's activities (estimate: emissions, waste water, solid waste, noise, ...). Predicting the level of influence that can happen with regard to the environment.
II. Proposed (summary) solutions to overcome the negative impact of the project on the environment.
 
ANNEX III (for projects in the stage for investment) CONTENT STANDARD REGISTRATION ENVIRONMENT project name: contact address: telephone number: Fax number: 1. Describe the intended deployment locations of the operations of the project location area of the ground closest to the settlements and other industrial establishments use status area.
Water supply, water demand, water points/day.
Traffic systems provide materials and transport the product.
Where the receiving wastewater from the project's activities.
Where keep and solid waste disposal.
2. Summary of production technology (Note: If the project includes both the exploitation and provide materials to describe the issues involved).
The total capital investment.
The list of raw materials, fuel, accessories (nature, needs every year, where provided).
Modes of transportation, supply and storage of raw materials, fuel and supplies.
The capacity of the production line diagram. (Note: a full description of all the auxiliary phase: supply, generators, boilers, heating systems, cooling system equipment ...).
Device characteristics product quality preservation method and shipping products.
3. The source of pollution: sources of emissions incurred the amount of Load concentration wastewater pollutants (Note: specify all the relevant parameters on the cooling water, the water circulation in the production process).
Fountain Load volume concentration of solid waste pollutants generated Source Download volume concentration of pollutants due to the breakdown of project activities: (fire, chemical leakage, spills oil ...)
The cause arose the scale affected 3. Measures to reduce pollution.
The system of collecting and processing the waste gas chimney height: equipment characteristics applicable technology and efficient handling of chemicals used (quantity, composition) The waste from the process of handling the expected cost of the construction, installation and operation.
Wastewater and sewage collection Lines and drainage: the structure of hot processing technology applied and effective handling of chemicals used (quantity, composition) The waste from the process of handling the expected cost of the construction, installation and operation of the process of collecting and handling of solid waste structural: hot/solid waste store shipping process processing techniques (drying, curing, burying the stake; cancel; as fertilizer...)
Expected cost of construction, installation and handling rate of planting projects plant on-site prevention and rescue incidents: chemical process equipment for effective use of the funding expected to purchase equipment, exercise regularly.
5. environmental monitoring program: monitoring location indicators monitoring the frequency of the expected cost of monitoring implementation.
6. Commitment to ensure environmental standards.
Vietnam standards apply to foreign standards apply if Vietnam does not have standard (country's name, the year, the Agency issued, in effect applied). (Note: attach a copy of the entire contents of the standard)
Time to complete the public commitment to responsible to the law of Vietnam if the violation of the International Covenant, the Vietnam standards and to the problem of environmental pollution.
(Where the establishment of a register) on 199 ...
Owner representative (stating your name, position and stamp) ANNEX IV. 1 of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness (location), date 199 ...
 
APPLICATION for APPRAISAL REPORTS ENVIRONMENTAL IMPACT ASSESSMENT dear: Ministry of science, technology and the environment.
(PPC/Tp centrally)
Chúng tôi là.............................................. Home projects...............

...................................................................................................
Địa chỉ liên hệ:...........................................................................
Địa điểm thực hiện dự án:...........................................................
Số điện thoại:.............................................; Số Fax.....................
We would like to move to The Quarter (PPC/Tp) the following records: the technical-economic justification (01 a Vietnamese), the report reviews the environmental impact (Vietnamese Edition 7 and 12).
We would like to ensure the accuracy of the figures in the text insert process and commitment that our project does not use the type of chemical, microbial strains in all spaces of Vietnam and in the international conventions to which Vietnam participates. We also ensure that the standards and norms of the countries and international organizations are excerpts and use in our report are correct and are in effect.
If there is nothing wrong we would totally be responsible before the law of the Socialist Republic of Vietnam.
We do recommend the Ministry of science, technology and environment (Ppc, centrally, The authorized) evaluation.
Project Director (signature and stamp) ANNEX IV. 2 of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness (location), date 199 ...
 
REGISTERED ENVIRONMENTAL STANDARDS dear: Ministry of science, technology and the environment.
(PPC/Tp centrally)
 
We is................................... Chủ Dự án................................
........................................................................................................
Địa chỉ liên hệ:...............................................................................
Địa điểm thực hiện dự án:...............................................................
Số điện thoại:.........................................; Số Fax............................
We would like to move to The Quarter (PPC/Tp) the following records: the technical-economic justification (01 a Vietnamese), A register of environmental standards (Vietnamese Edition 3 and 7).
We would like to ensure the accuracy of the figures in the text insert process and commitment that our project does not use the type of chemical, microbial strains in all spaces of Vietnam and in the international conventions to which Vietnam participates. We also ensure that the standards and norms of the countries and international organizations are excerpts and use in our registration are correct and are in effect. We assure you will proceed to the construction of waste treatment facilities on time and will ensure the funding operation of constructions and environmental monitoring.
If there is nothing wrong we would totally be responsible before the law of the Socialist Republic of Vietnam.
We do recommend the Ministry of science, technology and environment (Ppc, centrally, The authorized) to confirm.
Project Director (signature and stamp) ANNEX V the MINISTRY OF SCIENCE, technology of the SOCIALIST REPUBLIC of VIETNAM and independent ENVIRONMENT-freedom-happiness (PPC/Ho Chi Minh City)
No.:............/QD-BVHTT (Where issued QD), dates in 199 ...
The DECISION of the MINISTER of SCIENCE, TECHNOLOGY and environment (Chairman/independent City) about: approval of the report reviews the environmental impacts of the project..........................................................................................................................
The MINISTER of SCIENCE, technology and environment (Chairman, Ho Chi Minh city centrally) pursuant to the law on environmental protection was the National Assembly of the Socialist Republic of Vietnam passed on December 27, 1993.
Pursuant to Decree No. 175/CP dated 18 October 1994 the Government passed a law to protect the environment.
Pursuant to Decree No. 22/1993 05/22 CP of the Government on the tasks, powers and organization of the Ministry of science, technology and environment (PPC/Tp centrally).
Review of application for appraisal reports on environment impact assessment in may 199. của..........................................................................................................
Review meeting minutes Board of appraisal report reviews the environmental impacts of the project............................................................ date 199 ...
 
Article 1 DECISION. Content approval report reviews the environmental impacts of the project....................... were the Council of appraisal through 199 and date the content was added by request (event organizing authority).
Article 2. The project owner is responsible for the correct implementation of the content has been stated in the report of environmental impact assessment and the requirements for Project Server attached to this decision.
Article 3. The report reviews the environmental impacts of the project and the requirements for Project Server is the basis for the State administration of environmental protection tested the implementation of environment protection projects.
Article 4. After the completion of the projects on the environment, the project Owner must have the written report submitted to the State administration of environmental protection to check.
Article 5. The credentials Department of science, technology and the environment province............ follow-up, monitoring the implementation of environment protection projects.
 
ANNEX VI, MINISTRY OF SCIENCE, technology of the SOCIALIST REPUBLIC of VIETNAM and independent ENVIRONMENT-freedom-happiness (PPC/Ho Chi Minh City)
DEPARTMENT of ENVIRONMENT (Department of SCIENCE and TECHNOLOGY & MT)................./CMTg Where issued), dates in 199 ...
(Text of)
CERTIFICATE of REGISTRATION of the ENVIRONMENT STANDARDS project:......................................................................................
DIRECTOR of DEPARTMENT of environment (Director of Department of SCIENCE and TECHNOLOGY, The MT/Tp & centrally) Confirmed 1. Project.................... has your standard subscription on environment ..., ... in 199 ...
Article 2. The project owner is responsible for the correct implementation of the content has been mentioned in A register of environmental standards.
Article 3. A register of environmental standards for the project is the basis for the State administration of environmental protection tested the implementation of environment protection projects.
Article 4. After the completion of the projects on the environment, the project Owner must have the written report submitted to the State administration of environmental protection to check.