Circular 8/2006/tt-Btnmt: Guidance On Strategic Environmental Assessment, Environmental Impact Assessment And Environmental Commitment

Original Language Title: Thông tư 08/2006/TT-BTNMT: Hướng dẫn về đánh giá môi trường chiến lược, đánh giá tác động môi trường và cam kết bảo vệ môi trường

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CIRCULAR guide on strategic environmental assessment, environmental impact assessment and environmental commitment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection on November 29, 2005;
Pursuant to Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
The Ministry of environmental resources and detailed instructions make certain the content of the strategic environmental assessment, environmental impact assessment and environmental commitment as follows: i. GENERAL PROVISIONS 1. Scope 1.1. This circular detailed instructions make certain the content of the strategic environmental assessment, environmental impact assessment, environmental protection commitments stipulated in the law on environmental protection on November 29, 2005 (hereinafter the law on environmental protection) and Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government on the detailed rules and guidelines the implementation of some articles of the law on environmental protection (hereinafter the Decree No. 80/2006/ND-CP), including: a), evaluation report of the strategic environmental assessment;
b) Establishment, evaluation and approval of the report on environmental impact assessment, the report reviews the additional environmental impact; implement and test the implementation of the environmental content in the report environmental impact assessment report, environmental impact assessment and the requirements of the decision of approval;
c) Established, registered and confirmed a commitment to protect the environment.
1.2. This circular does not apply to the base went into operation (also known as active basis), including the basis that do not implement the rules on establishment, evaluation and approval of the report on environmental impact assessment.
1.3. The strategy, planning, planning, projects in the fields of security, defense and in the scope of national secret instructions in other texts.
2. Subjects of application this circular applies to State agencies, organizations and individuals in the country; organizations, foreign individuals (hereinafter referred to as the Organization, individuals) have activities related to the content mentioned in point 1.1 section 1 of part I of this circular.
3. Apply standards, environmental standards When reporting the environmental impact assessment or a commitment to protect the environment of the project must apply standards, Vietnam's environmental standards required to apply; standards, environmental standards must apply under the international treaties to which Vietnam is a member.
II. ESTABLISHMENT Of The ASSESSMENT, The ENVIRONMENTAL ASSESSMENT REPORT STRATEGY 1. Reporting strategic environmental assessment 1.1. The Agency was tasked to set up the project subject to reporting strategic environmental assessment provisions in article 14 of the law on environmental protection (hereinafter the project) established the task force on the strategic environmental assessment includes environmental experts, scientists concerned with qualifications Professional, fit the content, nature of the project to conduct the work of the strategic environmental assessment and reporting of strategic environment assessment strategy (planning, planning).
1.2. The report reviews the strategic environment must be made in accordance with the structure and meet the content requirements specified in Appendix 1 attached to this circular.
2. Send the proposal evaluation report evaluation strategy 2.1 environment. Project Server send the proposal evaluation report reviews the strategic environment to organize the evaluation provided for in paragraph 7 of article 17 environmental protection laws.
2.2. the model number and the suggested evaluation records are defined as follows: a) 1 (a) text recommended evaluation report reviews the strategic environment according to the form prescribed in Appendix 2 attached to this circular;
b) 7 (seven) the report strategic environmental assessment of the project is to close the book according to the form prescribed in Appendix 3 attached to this circular, signed attached to their name, title of the project and seal in extra cover page of each report;
c) 1 (a) the draft text of the strategy (planning, planning).
2.3. In case the number of assessment Board members need more than 7 (seven) people, or in the case of other essentials due to the requirements of the work of the evaluation, the project provides more amount of the environmental assessment report strategy at the request of the Organization of the evaluation.
3. The evaluation report 3.1 strategic environmental assessment. Upon receipt of a valid application and meet the requirements for the evaluation, the Agency held the evaluation established authority; the number of members of the Board evaluation is decided pursuant to the provisions of paragraphs 2, 3 and 4 Article 17 of the law on the protection of the environment, the nature and scale of the project and the environmental requirements, but must ensure at least 7 (seven) members.
3.2. Within the time limit prescribed in item 1 and item 2 article 12 of Decree No. 80/2006/ND-CP, the Agency held the evaluation to complete the evaluation of the environmental assessment report strategy.
3.3. The organization and activities of the Authority made under the regulation on the Organization and operation of the Board evaluation report reviews the strategic environmental assessment report, the environmental impact assessment attached to decision No. 13/2006/QD-BTNMT on 08 September 2006 of the Minister of natural resources and the environment.
3.4. Sending assessment results report is made according to the provisions in clause 3 and clause 4 Article 10 of Decree No. 80/2006/ND-CP. III. ESTABLISHMENT, EVALUATION AND APPROVAL OF THE REPORT ON ENVIRONMENTAL IMPACT ASSESSMENT; IMPLEMENT, Test, CERTIFY The IMPLEMENTATION Of The CONTENTS Of The REPORT REVIEWS The ENVIRONMENTAL IMPACTS 1. Reporting environmental impact assessment 1.1. The Organization, the individual is the subject of investment project subject to reporting environmental impact assessment specified in Appendix I and Appendix II attached to Decree No. 80/2006/ND-CP (hereinafter the project) organize themselves or hire consulting service organizations are eligible under the provisions of article 8 of Decree No. 80/2006/ND-CP to proceed the evaluation of the environmental impact assessment report and the environmental impact of the project.
1.2. The report reviews the environmental impact must be made in accordance with the structure and meet the content requirements specified in Appendix 3 attached to this circular.
2. community consultation 2.1. Send text to the project owner people's Committee of the Fatherland Front Committee and social message about the basic content of the project, the adverse impact on the environment of the project, these measures to minimize the adverse impact on the environment will apply and propose suggestions and comments in writing.
2.2. In the case of the people's Committee or the Committee of national social dialogue required project owners, to coordinate implementation. Results of the dialogue are recorded into the minutes, which reflects fully the ideas discussed, opinions gain or not of the project; the minutes are signed (name, title) of the person chairing the dialogue and project owner or project owner representative, accompanied by the list of delegates.
2.3. Comments are approved, not approved by the people's Committee, the Fatherland Front Committee, township-level of the delegates to the dialogue must be reflected in the content of the report reviews the environmental impact.

2.4. The texts of Committee opinions contribution to the people, Fatherland Front Committee, report on social dialogue and consultation documents (if any) must be copied and attached in the annexes of the report reviews the environmental impacts of the project.
3. Send the proposal evaluation report 3.1 environmental impact assessment. Project Server send the proposal evaluation report reviews the environmental impacts to the Organization the evaluation report of environmental impact assessment specified in clause 7 of article 21 of law to protect the environment.
3.2. the model number and the suggested evaluation records are defined as follows: a) 1 (a) the text of the proposal project evaluation and approval of the report reviews the environmental impact according to the model attached in annex 5 of this circular;
b) 7 (seven) a report assessing the environmental impact of the project is to close the book according to the form prescribed in annex 6 attached to this circular, signed attached to their name, title of the project and seal in extra cover page of each report;
c) 1 (a) a draft feasibility study report or report of investment projects.
3.3. in case the number of assessment Board members need more than 7 (seven) people, or in the case of other essentials due to the requirements of the work of the evaluation, the project owner must provide the number to report environmental impact assessment at the request of the Organization of the evaluation.
4. The evaluation report reviews the environmental impact through the Council of 4.1. After receiving a valid profile and meet the requirements for evaluation; the Agency held the evaluation established authority; the number of members of the Board evaluation is decided pursuant to the provisions of paragraphs 2, 3 and 4 Article 21 of the law on protection of the environment, the nature and scale of the project and the environmental requirements, but must ensure at least 7 (seven) members.
4.2. Organization and operation of the Authority made under the regulation on the Organization and operation of the Board evaluation report reviews the strategic environmental assessment report, the environmental impact assessment attached to decision No. 13/2006/QD-BTNMT on 08 September 2006 of the Minister of natural resources and the environment.
5. The evaluation report reviews the environmental impact through assessment 5.1 service organization. The Organization was recruited to perform services evaluation report reviews the environmental impact must have the following conditions: a) has a team of qualified staff, specialized capabilities match the requirements evaluation report reviews the environmental impacts of the project;
b) have adequate facilities, equipment, material-technical base, the laboratory with quality and reliability necessary for measurement, sampling, processing and analysis of environmental samples and other related templates consistent with the nature of the project and the location of the project; the case does not meet the requirements, they must sign the lease of individual organizations to meet the requirements set out;
c) Have other conditions prescribed by the relevant laws.
5.2. Operation of appraisal services organizations follow the regulations of the Ministry of natural resources and the environment.
6. Complete report 6.1 environmental impact assessment. Within a period not exceeding 3 (three) working days from the date of receiving the results of the authority or organisation's services, the agency that organized the evaluation have written to notify the server that the project results evaluation and complete the requirements or to repeat the report reviews the environmental impact.
6.2. Case report environmental impact assessment needs to be continued, the project owners to conduct complete, signed on the lower left corner of each page and with the number of the following organizations to submit the evaluation attached particular explanatory text about this complete to be considered , approved: a) for reporting environmental impact assessment approved by the jurisdiction of the Ministry of natural resources and the environment, the number of reported warrants enough to send to the address: Ministry of natural resources and the environment (04 January supporting a recorded on CD); The provincial people's Committee in the projects (01); The project management industry, (01). The case of the project covers land area of from 10 provinces and cities centrally back up, sending more number of the report reviews the environmental impact by the amount of the increase;
b) with respect to the report on environmental impact assessment in the Department's approval authority, ministerial-level agencies, government agencies, the number of reported warrants enough to send to the address: the Ministry of industry, project management (03 January supporting a recorded on CD); The provincial people's Committee in the projects (01); Ministry of natural resources and environment (1).
c) for reporting environmental impact assessment approved by the jurisdiction of the provincial people's Committee, the number of reported warrants enough to send to the provincial people's Committee, where the project is supporting a 01 03 recorded on CD.
7. The evaluation report back environmental impact assessment 7.1. Case report of environmental impact assessment is not the Council of appraisal or valuation services organizations through, the evaluation is performed according to the recommendations of the project.
7.2. The evaluation report back the environmental impact assessment by the Council of the appraisal or valuation services organizations that conduct; where necessary, the competent authority approving the report on environmental impact assessment established a new Board or a selection of other appraisal service organizations to assess.
8. Approves the report of environmental impact assessment 8.1. Approval decision report environmental impact assessment established according to the form prescribed in annex 7 with this word.
8.2. in case it deems likely to occur the bad impact on the environment but have yet to be fully assessed in the report reviews the environmental impact due to objective reasons as: not yet have detailed figures of the project or the data on the current state and load of the surrounding environment the risk assessment is not yet reliable enough and other unforeseen causes until the time of approval of the report reviews the impact of the environment, approved by the competent authority must have noted in the attached decision of approval.
9. Confirm and send reports of environmental impact assessment approved 9.1 after reports of environmental impact assessment has been approved, the competent authority approval confirmed on the back side of the cover page of each report environmental impact assessment according to the form prescribed in annex 8 attached to this circular.
9.2. the competent authority responsible for approval to send the report of environmental impact assessment has been confirmed with the discretion to approve the report of environmental impact assessment for the project owner and other related bodies as defined in point 6.2 item 6 part III of this circular; send the original and a copy of the decision approving the report on environmental impact assessment as prescribed in clause 1 and clause 2 article 15 of Decree No. 80/2006/ND-CP of. 10. Establishment, evaluation and approval of the report on environmental impact assessment 10.1 additions. Project owners in the case prescribed in clause 1 article 13 of Decree No. 80/2006/ND-CP is responsible for reporting the environmental impact evaluation process additional agencies have approved the assessment report on the environmental impact of the project to verify and approved before implementation.
10.2. The report reviews the environmental impacts are expressed according to the structure and meet the content requirements specified in Appendix 3 attached to this circular.

10.3. The number and the profile template to suggest evaluation and approval of the report reviews the environmental impacts are defined as follows: a) 1 (a) text recommended evaluation and approval of the report reviews the additional environmental impact according to the form prescribed in annex 10 is included herewith;
b) 05 (five), the report reviews the additional environmental impact was close the book according to the form prescribed in annex 11 is included herewith enclosed signature, name, title of the project and seal in extra cover page. In case of necessity as required by the work of the evaluation, the project owner must provide the number to report environmental impact assessment supplements according to the requirements of the Agency;
c) 1 (a) a copy of the report reviews the environmental impacts have been approved before that;
d) 01 (a) a copy of the decision approving the report on environmental impact assessment;
DD) 1 (a) a explanation on the contents of the project adjustment.
10.4. The evaluation report reviews additional environmental impact was made through the form of written opinions of the scientists, management expertise, appropriate level; the case required more comments of the State administration of environmental protection in local projects. Comments, reviews are performed according to the form prescribed in annex 12 attached to this circular.
10.5. in case the profile not alone, do not meet the requirements to assess, within a period of not more than 5 (five) working days from the date of the application, the Agency held the evaluation must have the message text for the project owner to know the reason to supplement, complete.
10.6. the approval decision report reviews additional environmental impact was formed according to the form prescribed in annex 13 attached to this circular and the accompanying decision approving the report on environmental impact assessment. Case of non-approval, the approval authority must respond in writing to the server project and specify the reason.
10.7. The report reviews the impact of the environment approved the supplement must be endorsed on the back side cover of the page according to the form prescribed in annex 8 attached to this circular.
10.8. The number of the report reviews the impact of additional environmental approval and validation must ensure sufficient to submit the original of the decision to approve the additions to the address received the approval decision report environmental impact assessment before.
11. The content, the form of the report, notice of the project on the implementation of the contents of the report reviews the environmental impact documents 11.1 report committees at district level where the project about content approval decision report reviews the environmental impact of the project is done according to the form prescribed in annex 14 attached to this circular.
11.2. Summary the report reviews the approved environmental impact is made according to the form prescribed in annex 15 attached to this circular.
11.3. Reports on plans to build the environmental treatment facilities and environmental protection works are created according to the form prescribed in annex 16 attached to this circular.
11.4. Reports of test planning the treatment and protection of the environment is done according to the form prescribed in annex 17 attached to this circular.
11.5. the report has made the content of the report and the requirements of the decision approving the report on environmental impact assessment of the project is done according to the form prescribed in annex 18 attached to this circular.
11.6. suggested text confirmation has made the content of the report and the requirements of the decision approving the report on environmental impact assessment of the project is done according to the form prescribed in annex 19 attached to this circular.
12. Check the contents of the report reviews the environmental impact, the report reviews the impact of additional 12.1 environment. The Agency has the authority to approve the report of environmental impact assessment and send representatives to coordinate with the State administration of environmental protection locally conducted to check the implementation of the report reviews the environmental impact has been approved according to the provisions in points c and d paragraph 3 article 15 of Decree No. 80/2006/ND-CP where necessary. , the Agency has the authority to approve the report of environmental impact assessment established the test group. Decided to set up the test group was formed according to the form prescribed in annex 20 attached to this circular.
12.2. Operation check, look to confirm the implementation of the report's contents and requirements of the decision approving the report on environmental impact assessment of the project as defined in paragraph 3 article 16 of Decree No. 80/2006/ND-CP include: a) research, review proposals endorsed by project owners submit to;
b) proceed to check the location of the project.
12.3. Test results be established thereon according to the form prescribed in annex 21 attached to this circular and should be representative of the authorities responsible for checking the project owners, and representatives of State administration on the protection of the local environment.
13. Confirm the implementation of the report's contents and requirements of the decision approving the report on environmental impact assessment 13.1. The paper endorsed project make the content of the report and the requirements of the decision approving the report on environmental impact assessments was established according to the form prescribed in annex 22 attached to this circular. The case has not yet qualified to confirm, the Agency has the authority to confirm responsibility to notify the project owner knows the reason.
13.2. Verification is attached with the decision approving the report on environmental impact assessment of the project to test facilities, track.
14. the technical inspection for constructions and environmental protection 14.1. The technical inspection for constructions and environmental protection made in accordance with the law on investment and construction.
14.2. The organization has to design, construction and installation works, categories of constructions and environmental protection of the project is not done the assessment with respect to technical works or projects.
IV. ESTABLISHMENT, Registration, CONFIRMATION Of COMMITMENT To ENVIRONMENTAL PROTECTION 1. Establish a commitment to protect the environment 1.1. Project owners in the audience must have a commitment to protect the environment specified in article 24 of the law on environmental protection (hereinafter the project) has the responsibility to establish a commitment to protect the environment.
1.2. The structure and content of required a commitment to protect the environment are performed according to the rules in Appendix 23 attached to this circular.
2. register a commitment for environmental protection 2.1. Project owners have a responsibility to send the proposal to register a pledge on environmental protection to the people's committees at district level where projects or social people's Committee is authorized to sign and certificate level.
2.2. where the project is located on the area of management from 2 (two) of the district, County, city, town in the older, self project owner people's Committee of selection of a district, County, town, city in the province to send a registration proposal is committed to protecting the environment.
2.3. The number of registration form and a commitment to protect the environment are specified as follows: a) 1 (a) text recommended to confirm sign a commitment to protect the environment according to the form prescribed in Appendix attached herewith 24;

b) 3 (three) a commitment to protect the environment according to the form prescribed in annex 25 attached to this circular signed by their name, title of the project and seal in extra cover page of each edition; the case of the people's Committee for social validation, send more 01 (a) a commitment to protect the environment (for projects located in of the 1st District); projects located from 2 (two) the district over, sending a number of more committed to protecting the environment by the amount the district increased.
c) 1 (a) a draft feasibility study report or justification of the investment project.
3. confirmation of registration a committed environmental protection 3.1. Valid profile case, the people's Committee at district level or social level are authorized to complete the license registration confirmation of commitment to environmental protection for the project according to the form prescribed in annex 26 attached to this circular.
3.2. The authorities competent to grant the registration certificate must be certified on the back side of the cover page of each commitment on environmental protection have been registered according to the form prescribed in annex 8 attached to this circular.
4. Send a commitment to protect the environment has confirmed 4.1. Event registration and validation at the district level, district level people's Committee confirmed the records sent to the project 01 (a) a commitment to environmental protection accompanied certificate to perform.
The case of the project covers the range from 2 (two) or more, the district people's Committee at district level where confirmed a commitment to protect the environment are responsible for sending the people's Committee in the relevant District 01 (a) a commitment to environmental protection accompanied certificate.
4.2. in case of registration and the confirmation, the social people's Committee confirmed the records sent to the following address: a) project 1 (a) a commitment to environmental protection accompanied certificate to perform;
b) committees at district level 1 (a) a commitment to environmental protection accompanied certificate.
5. Validation sign a commitment to protection of the environment 5.1. District-level people's committees authorize the people's Social Committee in writing in the form prescribed in Annex 27 attached to this circular.
5.2. The order procedure, the time limit for registration and the validation is performed as specified in items 2, 3 and 4 of part IV of this circular.
5.3. the people's committees at district level not authorized for social people's Committee in case the project is located on the area of from 2 (two) of the district, County, town, city in the province.
V. TERMS Of ENFORCEMENT 1. Ministries, ministerial agencies, government agencies, the Commission issued implementation of this circular.
2. This circular has the effect of 15 (fifteen) days from the date The report and replacing circular No. 490/1998/TT-BVHTT on April 29, 1998 of the Ministry of science, technology and the environment set up and guide the evaluation report of environmental impact assessment for the project.
3. in the implementation process if there are obstacles, it should reflect timely The resources and environment to consider and resolve.

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