Circular 18/2016/tt-Bnnptnt: Some Of The Content Of The Strategic Environmental Assessment, Environmental Impact Assessment By The Ministry Of Agriculture And Rural Development Management

Original Language Title: Thông tư 18/2016/TT-BNNPTNT: Quy định một số nội dung về đánh giá môi trường chiến lược, đánh giá tác động môi trường do Bộ Nông nghiệp và PTNT quản lý

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The CIRCULAR regulates some of the content of the strategic environmental assessment, environmental impact assessment by the Ministry of agriculture and rural development management.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection no. 55/2041/QH13 on June 23, 2014;
Pursuant to the law No. 50/2014/QH13 June 18, 2014;
Pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to Decree No. 18/2015/ND-CP dated 14 February 2015 the Government's regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan;
Pursuant to circular No. 27/2015/TT-BTNMT 29 may 2015 of the Ministry of natural resources and the environment on strategic environmental assessment, environmental impact assessment and environmental protection plan;
At the suggestion of the Director of the science, technology and the environment, the Minister of agriculture and rural development issued circulars stipulated some content about the strategic environmental assessment, environmental impact assessment by the Ministry of agriculture and rural development management.
Chapter I GENERAL PROVISIONS article 1. Scope, application object 1. This circular regulates the construction, evaluation and approval of the outline of the environmental assessment reporting strategy (hereafter abbreviated as SEA report) the strategy, planning, plan; build, verify and approve reports environmental impact assessment (hereafter abbreviated as EIA report) projects; appraisal, approval, reporting opinions of SEA and EIA report.
2. This circular apply to organizations and individuals related to strategic environmental assessment, environmental impact assessment by the Ministry of agriculture and rural development management (hereafter abbreviated as the Ministry of agriculture and rural development).
3. for the documents on the environment of ODA projects must be approved by the Ministry of agriculture and rural development include: environmental assessment, environmental management framework and social (ESMF), ethnic minority policy framework (EMPF) and environmental management plans (EMPs) then the project the Ministry of agriculture and rural development (Service Science Technology and environment), appraisal, approval under the provisions of articles 6, 7, 8, 9, 14, 15, 17 of this circular and the other applicable rules.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The outline plan of SEA, EIA report is the presentation content, workload and cost estimation of SEA reports, EIA report on the basis of the current financial regulations.
2. The Agency is planning subdivisions are the Ministry of agriculture and rural development and delivery of project management planning, planning and strategy.
3. the project Owner, the unit is The Agriculture and rural development project management communication.
4. permanent evaluation Agency is the State Agency is the Ministry of agriculture and rural development of communication applications and evaluation organization.
Article 3. Permanent evaluation body 1. The General Directorate of Ministry of agriculture and rural development is the permanent agency appraisal the EIA report of the project are the Ministry of agriculture and rural development Affairs made the investment project evaluator.
2. Science, technology and the environment is the permanent agency evaluation reports of SEA, EIA report by the Ministry of agriculture and rural development management (except for the EIA report of the project specified in paragraph 1 of this article).
 
Chapter II formulation, appraisal, APPROVAL of the OUTLINE REPORTS of SEA, EIA REPORT article 4. The time to build the outline reports of SEA, EIA reports 1. Outline of SEA reporting is done simultaneously with the establishment of the outline of the strategy, planning, planning.
2. Outline of EIA reports are done concurrently with the establishment of the project (feasibility study report).
 
Article 5. Build, verify and approve reports of SEA, EIA report 1. SEA reports outline planning agency held build, assess, approve of SEA reporting according to the form prescribed in annex I, annex II attached to this circular and to opinions written by the science, technology and the environment before approval.
2. Outline of EIA reports Home building organization project, appraised, approved the outline of EIA reports according to the form prescribed in annex I, annex II attached to this circular and must get the written comments of the permanent agency evaluation of the EIA report (as defined in article 3 of this circular) before approval.
3. within ten (10) working days from the date of the outline was approved, the planning agency, sent the decision approving outline attached to the Ministry of agriculture and rural development (through a permanent evaluation body specified in article 3 of this circular) to sum up the track the test, done.
Chapter III appraisal, SEA REPORT poll Item 1. APPRAISAL REPORT the SEA UNDER the JURISDICTION of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT article 6. Records suggest that the evaluation report suggested record SEA appraisal report the SEA sends the science, technology and environment, made according to the provisions of article 3 of the circular No. 27/2015/TT-BTNMT 29 may 2015 of the Ministry of natural resources and the environment on strategic environmental assessment , environmental impact assessment and environmental protection plan (hereinafter referred to as the circular No. 27/2015/TT-BTNMT).
Article 7. Check records, evaluation and announcement of results 1. A records check) where a valid profile, the science, technology and environment, the Ministry established the Council of appraisal and evaluation organization;
b) invalid records case, within a maximum of five (5) working days of receipt of the record, the science, technology and the environment announced in writing to the planning authority to edit, supplement the record.
2. Authority is established and operating according to the provisions in chapter V the circular No. 27/2015/TT-BTNMT.
3. Announcement of results the evaluation a) during the period of five (5) working days from the date of the end of the meeting the Council of appraisal, the science, technology and environment, announced the evaluation results in writing to the planning agency, including the case of authority not through SEA reports;
b) after receiving the notice of assessment results, planning agency responsible for receiving comments evaluation and return it to the Service of science, technology and the environment in accordance with paragraph 1 article 5 circular No. 27/2015/TT-BTNMT;
c) When receiving records of SEA reports were edited, added, the science, technology and the environment of SEA reports reviewed. If not yet satisfactory, within a maximum of three (3) working days of receipt of the record, the science, technology and the environment continue to send text suggest planning agency, perfecting editing.
Article 8. Report results evaluation reports of SEA and stored profile 1. Science, technology and the environment report the authority approved the strategy, planning, planning for results evaluation reports of SEA within a maximum of fifteen (15) working days from the date the record was complete SEA report of the planning agency. The profile reports the results of the appraisal are: a) report results evaluation of the environmental assessment report implementation strategy according to the form prescribed in annex 1.5 attached to circular No. 27/2015/TT-BTNMT;
b) One (1) copy of the text explanation of the next currency report SEA appraisal comments of the planning agency.
2. Keeping of records at the Service of science, technology and the environment, including: a) the suggested evaluation profile;
b) records relating to authority;
c) reported record results evaluation.
Article 9. Content expenses evaluation reports of SEA

1. Perform due diligence expenses according to the current rules.
2. Sources of expenses evaluation taken from funding annual environmental career.
Section 2. Opinions NOT UNDER the CONTROL of SEA REPORTS EVALUATION of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT article 10. Profile comments about SEA reporting 1. As for the reported SEA not under the control of evaluation the Ministry of agriculture and rural development (specified at points a and c of paragraph 1 article 16 environmental protection law on 23/6/2014) Planning Agency, to send comments about the SEA report (hereinafter referred to as the profile) directly or by post to the Service of science , Technology and the environment to review and comments in writing before the competent authorities appraise.
2. Records including: a) The text of opinions about SEA reports of planning agencies follow the form prescribed in annex III attached to this circular;
 
b) One (1) report the SEA bound book with form of cover, extra cover page and ask about the structure, content to follow the form prescribed in annex 1.2 and 1.3 attached to circular No. 27/2015/TT-BTNMT;
c) One (1) of the draft strategy, planning, planning.
Article 11. Processes, deadlines and submit opinions held of SEA reports 1. After receiving the records of the planning agency, the science, technology and environment, proceed to check the records. Case records are not enough or not valid, within five (5) working days of receipt of the record, the science, technology and the environment announced in writing to the planning agency to complete the profile.
2. in case of a valid profile, within seven (7) working days of receipt of the record, the science, technology and the environment have comments written about SEA reports submitted planning agency. The text for comments on the report of SEA follow the form prescribed in annex IV attached to this circular.
3. in case the profile to edit, add, planning authorities are responsible for additional editing, organization at the request in writing for the opinion of the science, technology and environment before the competent authorities assess the provisions in clause 1 article 16 environmental protection law on 23/6/2014.
4. within ten (10) working days from the date of the evaluation results, the planning agency sent a copy of the report evaluation results accompanied by a copy of SEA reports on Science, technology and environment to aggregate tracking, check done.
Chapter IV appraisal, APPROVAL of the EIA REPORT opinions, Item 1. EVALUATION of EIA REPORTS UNDER the AUTHORITY of the MINISTRY OF AGRICULTURE and EVALUATION for RURAL DEVELOPMENT article 12. Recommended records appraisal the EIA Report Server project created and send suggested appraisal the EIA report directly or through the post office about the permanent agency appraisal, records include: 1. The text proposed evaluation of EIA reports follow the form prescribed in annex 2.1 attached to circular No. 27/2015/TT-BTNMT.
2. Seven (7) the EIA report of the project by Vietnamese. Forms of cover, extra cover page; the structure and content requirements of the EIA report established according to the form prescribed in Appendix 2.2 and 2.3 attached to circular No. 27/2015/TT-BTNMT.
3. One (1) feasibility study report or report of investment projects or other equivalent documentation.
Article 13. Check, notice of application, a fee of 1. Case records are not enough or not valid, within five (5) working days from the date of the application, the permanent agency appraisal notice in writing to the owner of the project to complete the profile.
2. in case of a valid profile, permanent agency appraisal in writing notify the project Owner filed the charge evaluation. The level of charge appraisal done under the current rules.
Article 14. The EIA report evaluation organization 1. Authority is established and operating according to the provisions in chapter V the circular No. 27/2015/TT-BTNMT.
2. within five (5) working days from the end of the meeting the final assessment of the authority, permanent evaluation agency notified in writing about the results of the evaluation for the project, including the case of authority not through the EIA report.
3. After receiving the notice of assessment results, the complete Project EIA report in accordance with paragraph 1 article 9 circular No. 27/2015/TT-BTNMT and submit regular evaluation agency recommended approval of the EIA report.
Article 15. The authority approved, certified and keeping of records 1. The authority approved the EIA report a) Ministry of agriculture and rural development approved the EIA report by the science, technology and environment, chaired the evaluation;
b) Directorate for approval of the EIA report by the General Directorate chaired the evaluation.
2. Approval of the EIA report, attested a) case reports of EIA is adapted to meet the requirements of permanent evaluation Agency, the competent agency specified in clause 1 of this approval within a period of fifteen (15) working days from the date of the application;
b) heads of permanent evaluation Agency confirms endorsement after the cover or cover of the EIA report has been approved according to the form prescribed in annex 2.8 attached to circular No. 27/2015/TT-BTNMT;
c) The EIA report was endorsed, approved EIA reports decisions made according to the provisions in paragraph 3 article 9 circular No. 27/2015/TT-BTNMT within fifteen (15) working days from the date of approval of the EIA report.
3. Retention of records in the permanent agency evaluators include: a) the suggested evaluation profile;
b) records relating to authority;
c) decided to approve the original EIA report and approved.
Article 16. Content expenses evaluation of EIA report 1. Perform due diligence expenses according to the current rules.
2. Funding expenses appraisal valuation fees from.
Article 17. The responsibility of the project after the approved EIA report 1. Project owners have a responsibility to make the content of the provisions of article 16 of Decree 18/2015/ND-CP dated 14/02/2015 the Government's regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan (hereinafter referred to as the decree number 18/2015/ND-CP) once the EIA report is approved.
2. check, confirm the environmental protection work serving the operating phase to follow the provisions of article 17 of Decree 18/2015/ND-CP of items 2. The EIA REPORT NOT opinions in APPRAISE JURISDICTION of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT, Article 18. Profile retrieved comments on the EIA report 1. The EIA report for the evaluation of jurisdiction the Ministry of agriculture and rural development (specified in annex III of Decree 18/2015/ND-CP) project delivered directly or through the post office records taking comments on the EIA report (hereinafter referred to as the profile) to the Service of science, technology and the environment to review and comments in writing before the competent bodies evaluation of the provisions of article 14 paragraph 1 of Decree 18/2015/ND-CP DATED. 2. The records include: a) The van taking comments on the EIA report of the project Owners follow the form prescribed in annex III attached to this circular;
b) A (01) the EIA report of the project. Forms of cover, extra cover page; the structure and content of the requirements to report environmental impact assessment carried out according to the model defined in annex 2.2 and 2.3 attached to circular No. 27/2015/TT-BTNMT;
c) One (1) feasibility study report or report of investment projects or other equivalent documentation.
Article 19. Processes, deadlines and submit the EIA report retention

1. After receiving the profile of Project Hosts, the science, technology and environment, proceed to check the records. Case records are not enough or not valid, within five (5) working days of receipt of the record, the science, technology and the environment announced in writing to the owner of the project to complete the profile.
2. in case of a valid profile, within seven (7) working days of receipt of the record, the science, technology and the environment of the opinion in writing on the EIA report submitted to project Owners. The text for comments on the EIA report made according to the form prescribed in annex IV attached to this circular.
3. in case the profile to edit, add, project Owners have a responsibility to the Organization edit, Supplement at the request in writing for the opinion of the science, technology and environment before the competent authorities assess the provisions in clause 1 article 14 of Decree 18/2015/ND-CP. 4. Within ten (10) working days from the date of the approved EIA report, send a copy of the decision to approve the attached copies of the EIA report to the science, technology and environment to aggregate tracking, check done.
Chapter V IMPLEMENTATION and ENFORCEMENT of the TERMS of article 20. Implementation 1. Science, technology and the environment is responsible for instruction, testing and implementation of the provisions of this circular; General, report the results, the implementation of every year the Minister of agriculture and rural development approved by the Ministry of natural resources and the environment.
2. The Directorate is responsible for the evaluation and reporting of results, evaluation of results using free appraisal the EIA report submitted on Science, technology and the environment before the 25th of December every year.
Article 21. Terms of implementation 1. This circular effect since August 10, 2016 and replacing circular No. 09/2014/TT-BNNPTNT on 26/3/2014 of the Minister of agriculture and rural development regulation some of the content of the strategic environmental assessment, environmental impact assessment by the Ministry of agriculture and rural development management.
2. During the implementation process, if there are problems, organized, timely, personal reflections on the Ministry of agriculture and rural development (through science, technology and environment) to study additional amendments./.

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