6
Part I. LEGAL DOCUJ\iIENTS
THE GOVERNMENT
Decree No. 29!2011/ND-CPofApril18,2011, providing strategic environmental assessment, environmental impactassessment and en vironmentalprotection commitment
THE GOVERNMENT
Pursuant to the December 25. 200] Law Oil
Organization or the Government;
Pursuant to the November 29. 2005 Law 011
Environmental Protection;
At the proposal of the Minister of NaturalResources anc! Euvironmcnr,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides strategicenvironmental assessment. environmentalimpact aS505SlD0nt and environmental protection
commitment.
Article 2. Subjects of application
Th is Decree applies to organ izat ions it ndindividuals engaged in act i vit ie s rc latcd to
strategic environmental assessment.environmental impact assessment andenvironmental protection commitment In the
territory of the Socialist Republic of Vietnam
Issue nos 07-0B/May 2011(Cong Bee nos 241-242JMay 4, 2011,!
Chapter II
STRATEGIC ENVIRONMENTALASSESSMENT
Article J. Subjects and forms of strategicenvironmental assessment
I. Detailed strategic environmentalassessment for strategies, master plans and plans
of five (5) years or more provided in Purl A ofAppendix I to this Decree shall be incorporated
in those strategies. muster plans and plans.
2. Detailed strategic environmentalassessment for strategies. master plans and plansof five (5) years or more provided in Part B ofAppendix I to this Decree shall be presented in
a separate report.
3. Brief strategic environmental assessmentfor strategies, master plans and plans of fivc (5)
years or more of national sectors and domainsouts.ide the list in Appendix I tothis Decree shall
be incorporated in those strategies. master plansand plans.
4. Strategic environmental assessment is not
compulsory for five-year plans formulated inconformity with master plans of sector" and
domains whose strategic environmentalassessment reports have been appraised.
5. Strategic environmental assessment is
encouraged for strategies. master plans and plansother than those provided in Clauses I, :2 and 3
of this Article.
Article ,1. Time for struteg ic environmental
assessment and requirements on use ofassess ment resu Its
I. Strategic environmental assessment shallbe conducted concurrentlv with the formulutionof a ~trdtc[;y. master plan or plan.
2. Strategic environmental assessment results
Issue nos07-08/May 2011(Cong Bao nos 241-242/May 4.2011)
shall be integrated into documents of a strategy.master Dian or plan.
Article 5. Contents of strategicenvironmental assessment report
I. A separate report on detailed strategicenviron mental assessment has the followi ngmajor contents:
al Brief description of the strategy. masterplan or plan;
hi The strategic environmental assessmentprocess; description of the scope of study of thestrategic environmental assessment and majorenvironmental issues related to the strategy.IllaS{t:1 plan UI plan;
c/ Description of past developments andprediction of major environmental trends in caseof failure to implement the strategy. master planor plan:
dl Assessment of conformity of viewpointsand objecti ves of the strategy. master plan or
plan with environmental protection viewpoints
and objectives; assessment and comparison of
development options of the strategy. master planor plan:
el Assessment of impacts on majorenvironmentul issues incase of implementation
of the strategy. master plan or plan:
fI Consultation of involved parties in theprocess of strategic environmental assessment:
gl Proposals on adjustment of the strategy.master plan or plan and measures to prevent andmitigate adverse environmental impacts:
h/ Indication of sources of statistics. data and
assessment methods;
il Conclusions and recommendations.
2, A strategic environmental assessment
report incorporated in a strategy. master plan or
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plan has the following major contents:
:1/ The strategic environmental assessment
process: description of the scope of study ofthe
strategic environmental assessment and majorenvironmental issues related to the strategy,
master plan or plan;
b/ Assessment or conformity of viewpoints
and objectives of the strategy. master plan or
plan with environmental protection viewpointsand objectives: assessment and comparison of
development options of the strategy, master planor plan;
cl Assessment of impacts on majorenvironmental issues in case of implementation
of the strategy. master plan or plan;
d/ Consultation of involved parties in theprocess of strategic environmental assessment;
el Proposals on adjustment of the strategy.master plan or plan and measures to prevent and
mitigate adverse environmental impacts;
fl COJlciusiOI1S aud recuuuueudutious.
3. A brief strategic environmental assessmentreport has the following major contents:
ai The strategic environmental assessment
process; scope of study or the strategicenvironmental assessment and major
en vironrnental issues related to the strategy,master plan or plan;
b/ Assessment of impacts on majorenvironmental issues in case of implementation
of the strategy. master plan or plan:
cl Proposa Is on ad iustmcnt of the strategy,master plan or plan and measures to prevent and
mitigate adverse environmental impacts:
dl Conclusions and recommendations.
4. The Ministry of Natural Resources and
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Environment shall specify requirements on
contents of detui led and brief strategicenvironmental assessment reports: and elaborate
and promulgate technical guidelines for
specialized strategic cnvi ronmenta] assessment.
Article 6. Dossiers of request for appraisal
of strategic environmental assessment reports
I. A dossier of request for appraisal of a
separate detailed strategic cnvironmcnr a lassessment report comprises:
aJA written request for appraisal:
bl The detailed strategic environmental
assessment report;
c/The draft strategy, master p lun or p lun ,
2. A dossier of request for appraisal of a
detailed strategic environmental assessmentreport incorporated in a strategy. muster plan or
plan comprises:
a! A written request for appraisal;
bl The draft strategy, master plan or planincorporating the detailed strategic
environmental assessment report.
3. A dossier of request for appraisal of a briefstrategic environmental assessment report
comprises:
aI A written request for appraisal:
b/ The draft strategy, master plan or planincorporating t h-- hricf strategic e nv ir-onmc nta l
assessment report,
4. The Ministry of Natural Resources andEnvironment shall specify the number and
specifications of the dossiers provided inClauses 1,2 and 3 of this Article.
Article 7. Appraisal of strutcg icenvironmental assessment reran,
l . Responsibilities for appraisal of stratcg·tc
Issue nos07·OB/May 2011(CongBee nos 241-242/May 4 2011)
environmental assessment reports are provided
as follows:
al The Ministry of Natural Resources and
Environment shall appru ise strategiccnvi ronmental Qs~;essrnent reports of stn1tegie~;.
master pians and plans approved by the National
As semhl y. the Government or the PrimeMinister. except those of security and defense
secrets;
b/ The Ministry of Public Security or the
Ministry of National Defense shall assume the
prime rcsponsibil it)' for. and coordinate with theMinistry of Natural Resources and Environment
in. appraising strategic environmentalaSSt~ssr1lt~nl rt'pnl't<; of strarcg ics. master plans
and plans involving security or defense secrets
approved by the Nar ionul Assembly. theGovernment or the Prime Minister:
cl Ministries. ministerial-level agencies andgovernment-attached agencies shall appraise
strategic environmental assessment reports of
strategies. master plans and plans falling undertheir respective approving competence;
dl Provincial-level People's Committees shallappraise strategic environmental assessment
reports of strategies, master plan s or plans fall ing
under their approving competence and provinciallevel People's Councils.
2- Agencies formulating strategies, masterplaus or plans (below referred to <.IS project
owners) shall submit dossiers of request for
appraisal of strategic environ mental assessmentreports to the agencies responsible for appraising
straieg ic en viron men tal as sessrne nt reports
prov ided in CIausc 1 of this Article,
3. Agencies appraising strategic environ
mental assessment reports shall. within the timelimit provided in Article IS 01 this Ikerce.
appraise strategic environmental assessment
[ssue nos07-08/May 2011(Cong Beo nos 241-242/May 4, 2011)
reports and notify appraisal results tu project
owners. Within seven (7) working days after
receiving an invalid dossier, they shall send anut ice to the project owner for mod ificution andsupplcrncntat i 011.
4. Strategic environmental assessment reports
sh:d I ht-'. :!j1rn1i<;cd hy appr.iisa 1counci ls.
5. The head of an agency responsible for
appraising strategic environmental assessment
reports shall set up an appraisal council which
is composed of representatives of agencies
directly related lO cn vironruemul issues of a
strategy, master plan or plan. specialists and
other concerned organizations, including the
counc iI chairman. a vice chairman, if necessary;
one (1) secretary; two (2) counter-arguing
members and other members.
6. Brief strategic environmental assessment
reports may be appraised by collecting written
opinions and assessments of members of the
appraisal council.
7. When necessary. an agency responsible
for appraising a strategic environmentalassessment report shall:
al Survey the project area and its
neit,:hburhuoJ:
b/ Verify and evaluate information. data.
analysis results, assessments and predictions of
the strategic environmental assessment report:
cl Consult concerned socio-pol iti ca l
organizations, social or ganiz.ati ons, socio
professional organizations and specialists;
d/ Hold theme-based assessment meetings or
special ists.
8. The J'din;~tt'Y of Natural Re.sourcc s and
Environment sha!l detail the appraisal ofstrategic environmental assessment reports.
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Article 8. Time limit for appraisal of strategic
en vironmcnt al assessment reports
1. The time limit for appraising a detailed
strategic environmental assessment report is
forty-rive (45) working days after receiving a
complete and valid dossier. For a strategic
environmental as~;e.';Sl1lent report to he appraised
by a provincial-level People's Committee, the
time limit is thirty (30) working days after
receiving a complete and valid dossier.
2. The time limit for appraising a brief
strategic environmental assessment report is
thirty (30) working days after receiving a
complete and valid dossier.
3. For a strategic environmental assessment
report to be re-apprai sed. the appraisa 1time limitcomplies with Clauses I and 2 of this Article,
Article 9. Responsibil ities or project ownersafter the appraisal of strategic environmental
assessment reports
I. W hen a strategic environmental
assessment report is approved or approved on
condition or modi fication and SLJ[1Plemcntation.
the project owner shall:
al Finalize the strategic environmentalassessment report on the basis or comments of
the appraisal agency:
III Finalize the strategy, master plan or plan
on the basis or comments of the appraisal
agency. Make specific explanations. if it has
different opinions;
cl Make written explanations about the
absorption of appraisal comments enclosed with
the revised strategy. master plan or plan and therevised and s u pp Ie me n t c d strategic
environrncnt ,11 assessment report and send them
to the appraisal agency.
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2. When a strategic environmental
assessment report is disapproved, the projectowner shall:
a/ Make anothc r strategic en vi ronrnenta I
usscs.srncnt report;
bl Submit a dossier of request for appraisal
of the strategic environmental assessment report
to the appraisal agency for appraisal.
Article 10. Reponing on uppra isa l results of
strategic environmental assessment reports
I An a p p rn isa l agency shall report on
apprai sal res ults of st rateg ic en vi ronmcnta I
assessment reports to an agency competent to
appraise and approve the strategy. master plan
or plan within fifteen (5) working days after
re c ei vi ng the rnod i fi e d ~\I1d supp le mc ntcd
dossier of a strategic envi ronmentul assess ment
report.
2. The report on appraisal results of a
strategic environ mental assessment report is one
uf the base-, (01 (he aP!JJaisal am] approval of
the strategy. rnasrcr plan or plan.
1. The Ministry of Natura l Resources and
Environment shall detail the contents and forms
of the appraisal report and minutes of theappraisal council meetings.
Article 11. Responsib il ities of agencies
appraising and approving strategies, master
plans and plans
An agency appraising and approving a
strategy. master plan or plan shall
comprchc ns i vc ly and o bject ive iy consider
proposal sand recomrncndati oris made in the
apprai sal report and strategic en viron mentalassessment report when appra i si ng and
approving such strategy. master plan or plan.
Issuenos OJ-DB/May 2011(Gong Beo nos 241-2421May4, 2011)
Chapter HI
ENVIRO;\fMENTAL I,\1PACTASSESSMENT
Article 12. Projects subject to en vironmentalimpact assessment rcponi Ilgand responsibil itiesof project owners for environmental impactclSSCS'Il1Cllt reporting
I. Projects subject to environmental impactassessment reporting are provided in ApJlt>ndix
II to this Decree.
2. A project GINner shall make. or hire aninstitution meeting the conditions provided inClause 1. Article 16 of this Decree to make. anen virnnmental impact aSS('.sslllcnt re-port for it,
investment project.
3. An environmental impact assessmentreport shall be made when:
aI The project location is changed',
bl The project is not implemented withinthirty-six (3C)) months after the issuance of a
decision approving the environmental impactassess ment report;
cI The size. capacity or technology of theproject is changed. resulting in increased adverseenvironmental impacts or scope of impacts.
Arttcle 13. Time of elaboration. submission
and approval of envi ronme ntn l impact
assessment reports
1. An environmental impact assessment
report shall he made concurrently with thefonnul anon of the mvest ment prolcet (I easibiIit)!study report).
:2 Tilt' time of submitting and approving an
environmental impact assessment report is
provided as follows:
a/ For a prospecting or mining project. the
project owner shall submit the environmental
Issuenos 07·08/May 2011(Gong Baa nos 241-242/May 4,2011)
impact assessment report before proposmg a
competent agency to grant or modify theprospecting or mining license. The decisron
approving an environmental impact assessment
report is a basis for a competent authority togrant or modify a prospecting or mining license;
b/ For an oil and gas exploration projectspecified in Section I or 2 of Appendix II to
this Decree. tile project owner shall submit thee-nvi rnnm--nt al impact assessment report heti)re
drilling for oil and gas. For an oilfield
exploitation project, the project owner shallsubmit the environmental impact assessment
report before the approval of the oilfield
development plan. The decision approving theenvironmental impact assessment report is a
basis for a competent authority to approve theoilfield development plan;
cl For a project with a work item subject to
construction liccnsi ng. the project owner shallsubmit the environmental impact assessment
report before proposing a competent agency togrunt or modify the construction lic cnsc, The
decision approving the environmental impactassessment report is a basis for a competentauthority to grant or modify a constructionlicense;
dl For u project other than those specified at
Points a, band c of this Clause, the project owner
shall submit the environmental impactassessment report before investment in the
project is decided. The decision approving theenvironmental impact assessment report is a
basis for making decision on investment in aproject.
Article 14. Consultation in the process ofenvironmental impact assessment reporting
I. When making an environmental impact
assessment report. the project owner {except the
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cases specified in Clause 1 of this Article) shall
consult:
aI The People's Committee of the commune.
ward or township (bel ow referred to ascommune level) in which the project is to he
implemented;
hi Representatives of communities andorganizations directly affected by the project
2.A project owner investing in a consolidatedproduction. business or service zone with ib
production, business or service line
unconformable with the sector and tradeplanning in the approved environmental impact
assessment report of such zone shall consult theagency having approved the environmental
impact assessment report in the phase of
bui Iding the zone's infrastructure facilities.
3. Consultation is not required in the
following cases:
aI An rnvestrnent project In a consolidated
production. business or service zone whose
environmental impact assessment report hasbeen approved by a competent authority in the
phase of bui Iding the zone's in fr astructurefacitiues. provided that this project conforms
with the sector and trade planning in the
approved environmental impact assessmentreport of such zone:
bl An investment project in a sea area forwhich the administration rcsponslbility has not
yet been assigned to any commune-level
People's Committee:
cl An investment project involving statesecrets.
Article 15. Consultation process andrequirements on inclusion ofconsultation resultsin environmental impact assessment reports
I. Consultation of the commune-level
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People's Com mince and represe ntatives of
communities and organizations directly affectedby d plOjL:C1 i~ conducted as fulluws:
a/ The project owner shall send to thecommune-level People's Committee andrcprescnt au vcs of communities and
organizations directly affected by the project awritten request for consultation together withbrief documents on the project's major
investment items. environmental issues andenvironmental protection solutions;
b/ When necessary, the commune-levelPeople's Committee may convenerepresentatives of orgu niz.at ion s and
communities directly affected by the project toa meeting. notify the project owner of the time,
place and participants of the meeting andtogether wirh the PlOjcCL owner chair suchmeeting within tell (I (I) working days after
receiving the project owner's written request forconsultation:
c/Results of the mecting between the projectowner, The consulted agency and involved
parties shall be recorded in writing. includingthe list of partie ipants and all discussed opinionsand opinions absorbed or not absorbed by the
project owner. The record must contain thesignatures of the prujl.:cl O\Vllel i cpre senuulvc
(with full name and title) and representatives ofinvolved parties participating in the meeting;
d/ Within fifteen (15) working days after
receiving a written request for consultation, thecommune-level People's Committee shall replythe project owner ill writing and make public
such reply. Pas! this time limit. if a consultedagency fails to send a written reply to the projectowner. it is regarded as agreeing with the projectowners investnu-ru plun ;
e/ Agreeing and disagreeing opinions of
Issue nos 07.DB/May 2011(CongBaa nos 241-24U.1ay 4. 2011)
con suitcd organ ization s and persons shall be
summarized and truthfully reflected in theen vironmental impacr assessmen t report.
2. Written opinions of consulted agencies andt lu: rncf'lill~ l"('cnrrl ,h:1I1 h,> cnpi,...rI and attached
JS an annex to the environmental impact
assessment report.
3. The Ministry of Natural Resources andEnvironment shall provide the form of requestfor r.onsultarion of involved parties.
Article 16. Conditions on environmentalimpact assessment report makers
1_ To mak e an environmental impact
assessment report, a project owner orconsultuncy service provider must fully meet thefollowing conditions:
J/ Having staff specialized in environmentwith five (5) years of experience. for university
degree holders, three (3) years. for master degreeholders. and one (I) year, for doctoral degreeholders;
b! HJving staff hold IIlg uruversny or higher
degrees in majors relevant to the project:
cl Having phyxic ai-tcchnic al foundations andspecial-usc devices for measuring, taking.processing and analyzing environmentalsamples. which meet technical requirements. In
case of unavailability of qualified special-uscdevices. having a contract to hire a capable
institution.
~. A consuliancy service provider that makesan cnvi ronmental impac t asscssrnent report shal Itake responsibility before the project owner andlaw for its informat ion and statistics <;:iven inthe environmental impact assessment report.
3. The Ministrv of l'\alural Resources andEnvironment slJail octad cond u ions OJl and
operation orgunizarion of consultancy service
Issuenos 07-0B/May 2011(CongBaa nos 241-2421lv1ay4. 2011)
providers ma k i nu environmental impact
assessment reports.
Article ]7. Contents of environmcnta l
impact assessment reports: dossiers of requestfor appraisal and approval of environmental
impact assessment reports
r. An environmental impact assessment
report contains the following major contents:
al Tndiratinrr nf the projec-t origin. project
owner. agency competent to approve thc project:
sources of information and data and use
methods: org a ruz at ron and process 01
environmental impact assessment reporting:
consultation of the community in the process ofenvironmental impact assessment reporting;
hi Listing and detailed description of the
project's activities and work items which likely
have adverse environmental impacts. indicating
the size in terms of space and time, r on-.truct ion
volume. operating technology ofeach work item
and the ent ire project;
cl General assessment of the current status
of the environment of the project site and its
n[~i[':hh(lrhn(1c1: lc ve l nf e n vi r o n rnc n t a l
sensitivity:
dl Assessment and prediction of the project'simpacts on natural conditions, natural
environmental components, the community andre luted soc io-economic e lcrnent s ; res ults of
consultation of the community;
el Proposal of measures to mitigate adverseimpacts on natural conditions. natural
environmental components, community healthand reia tcd soc in-economic clements:
f/ Listing of works and programs for
rnanagi ng and controll ing envi ron mental issues
in the course of' project implementation:
';!.I Estimation of' costs for construction of
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environmental protection works in the project's
total cost estimate:
ill The project owner's commitment to taking
en vironrnen tal protection measures in the courseof project c onstruc [ion and opel at iU11 proposed
in the environmental impact assessment report
and to obscr v mg other regulations onenvironmental protection related to the project.
2. A dossier of request for appraisal andapproval ofan cuv it Uill ucntal impact assessment
report comprises:
al ;\ written request for appra isal and
approval of the environmental impact
assessment report
hi The en viron mental impact assessment
report:
cl The investment project (feasibility study
report).
3. The Ministry of Natural Resources andEnvironmcnt shall detail contents of the
environmental impact assessment report; formof the written request fOJ apl-'laisal amI the
number of environmental impact assessment
reports of a project in the dossier of request fora p p ra is a l of the cnvironrnc ntal impact
assessment report: and elaborate and promulgatetechnical guidelines for making specialized
en vi ronrnental impact assessment reports.
Ar ticle 18_ Appraisal of environmental
impact assessment reports
I. Environmental impact assessment reportssha ll be appraised hy appraisal councils or
appraisal service providers.
") Responsibilities for a ppr.usal aten vi ronrncnta I impact assessment rer0rts arc
provided as follows:
aJ The Ministry (11' Natural Resources andEnviron rnent shall appraise environmental
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impact assessment reports of the projects
provided in Appendix III to this Decree, exceptt hos.c involving ~CL"Uljt.Y· and defense secrets:
bJMinistries, ministerial-level agencies and
government-attached agencies shall appraiseenvironmental impact assessment reports or
projects under their re spccti vc deciding andapproving competence, except the projects
provided in Appendix III to this Decree:
cJ The Ministry of National J)efc>ll~e or tl1.:
Ministry of Public Security shall appraise
environmental impact assessment reports ofprojects under Its deciding and approving
competence and security- or defense-related
projects as assigned by competent authorities;
dJ Provincial-level People's Committees
shall appraise environmental impact assessmentreports of investment projects in ihci r Iocalitics.
except those provided at Points a. band c of
this Clause.
3.A council for appraisal of an environmental
impact assessment report is composed ofrepresentatives of management agencies directly
related to environmental issues of the projectand specialists. including the chairman, a vice
chair man, if necessary; one ( I) secretary; lWO
(2) coun tcr-argu i ng members and othermembers. Over 50Ck of the appraisal council
members must be specialized in environment
and other fields related to the project. For the
environmental impact assessment report of aprojects to be appraised by a ministry,ministerial-Ievet agency or govcrnmcnt-auachcd
agency, the appraisal council must be composed
of representatives of the provi ncial-ievel NaturalResources and Environment Department of the
locality ill which the project is to beimplcrncntctl.
4. When necessary, an appraisai agency may
Issue nos D7-Q8fMay2D11(GongBso nos 241-242!May4 2011)
carry out the following activities:
al Investigating and verifying informationand statisucs on the status of the environment
of the project site and its neighborhood;
bl Taking samples for u n a l y s i s and
verification;
cl Consulting the community of the projectsite:
dl Hiring specialists, social organizations orsocio-protessionat organ izat ions to give counter
arguments to reported contents;
('I Hnldine thplllf"-hascrl a s s e s s me n t
meetings.
5. The Ministry of Natural Resources andEnvironment shall detail the organization andoperation of environmental impact assessmentreport appraisal councils :lIln service providers.
Article 19. Process ofappraisal and approvalof environ menta I impncr as se ssrnent reports
1, A project owner shall submit a dossier of
request for appraisal ofan environmental impactasscs srneut report to a competent agency
provided in Clause 2, Article I8 of this Decree.
2. A [tel I cn;i v jng such a dossier, an appraisal
agency shall check it. If tile dossier is incompleteor invalid, within five (5) working days, it shallnotify in writing the project owner to completethe dossi cr.
J. After receiving d complete and va l id
dossier. within the time limit provided in Clause
1.Article 20 of this Decree, the appraisal agencyshall set up an appraisal councilor select an
appraisal service provider, notify the projectowner to p:ly the fee for the :Jppraisal and noti fy
in writing appraisal results to tile project owner.
4. Oil the basis of the appraisal agency'snotice of appraisal results of the environmental
impact assessment report. the project OWllcr
Issuenos07-0e/May 2011(CongBaD nos 241-242/May 4.2011)
shall carry out one of the following activities:
al Making another environmental impactassessment report and submitting it to t he
appraisal agency for a pp ra i sa l , if itscnvironmeutul impuct assessmcnl report is no:
approved. The appraisa l time limit and
procedures are the same as for the first report;
hi Modifying and supplementing the
environmental impact assessment report andsub miu ing it to (Ill' appraisal agency for
consideration and submission to a competent
authority for issuance of an approval decision.if the environmental impact assessment report
is approved on condition of modification andsupplementation. The lime limit for
modification and supplementation of the report
is not counted in the time limit for appraisal andapproval of the environmental impact
assessment report;
c l Sending the environmental i m pac t
assessment report to a competent agency for
issuance of an approval decision underregulations, it the report is approved without
modification and supplementation.
5. Co m po t c n r agcncief; shall approve
environmental impact assessment reports within
the time Iimit provided in CI ausc 2, Article 20of this Uccree alter receiving complete and valid
dossiers.
Article 20.lnTIe h nnt lor appraisal and
approval of en vironmenrul impact assessment
reports
I. The t i me li mit for a ppruisi ng
environmental impact assessment reports isprovided as follows:
al Forty-five (45) working days afterrcc c i vinp complete und va lid d oss iers . for
cnvironnu.rual impact assessment reports III beappraised hy the Ministry ofNatural Resources
15
and Environment. and sixty (()(J) working days.
for projects with complicated environmentalimpacts:
bl Thirty (30) working days after receivingcomplete and valid dossiers. Cor environmental
impact assessment reports not to be appraised
bv the Min istrv of Natural Resources and. .Environment. and forty-f ve (45) working days,
for projects with complicated environmentalimpacts,
2. The ri me limit for approving an
en v iron men tal irnpuct assessment report isfifteen (IS) working days after receiving a
complete and valid dossier.
3. Tile lime ltmit (or appraisal and approval
of an environmental impact assessment report
does not include the time for the project ownerto fi nal izc the envi ronmental impact assessment
report dossier
Article 21. Certification and sending of
approved environmental impact assessmentreports
1. After issuing the decision approving an
environmental impact assessment report. theapproval agency shall certify such approval on
the bac k or the cover page or supp lemont coverpage of the environ mc nta l impact assessment
report and send the report to concerned agencies
under Clause 2 or this Article.
2. Certified en vir o n mcnt al impact
assessment reports and decisions approvingthese reports shul] he sc nt according to the
following provisions:
aJ The Ministry of Natural Resources andEn vironmcnt shall send one (I) copy of the
a Ppr 0 val dec is i011 tog e the r \\' it h thec nvi ronrncntu l impact asscssrncnt report to the
project owner and the provincial-level NaturalResources and Environment Department of the
16
locality in which the project IS to be
implemented: and the approval decision to theline ministry;
bl Ministries. ministerial-level agencies and2ovf'mmClll-;lllach,yj :1E'~nci~s ,hall send (11k' ())
copy of the approval dec ision together \\' ith the
environmental impact assessment report to the
project owner. the Ministry olNatural Resources
and Environment and the p ro vinciui-Ic vc l
Natural Resources and En vironme.nt
Department of the locality in which the project
is to be implemented. Fur projects involving
security and defense secrets, approval decisions
and environmental impact assessment reports
shall be sent under separate regulations:
cI Provincial-level People's Committees
shall send (J) copy uf the approval decision
together with the environmental i rnpact
assessment report to the project owner and thePl~ofllc's Commiltc~ of t he- district- town or
provincial city (below referred to as district
level) in which the project is to be implemented:
the approval decision to the line ministry and
the commune-level People's Committee of the
locality in wb i ch the project i~ to hi:
j mptemented: and one (1) copy of the approval
decision toget her with the en viron mental impactassessment report to the Ministry of Natural
Resources and Environment when so requested.
3. Pro vi nc ialf e vc l People's Comrnittces
shall copy from the originals of decisions
approving environmental impact assessmentreports sent trorn rmnixtrics. ministerial-level
agencies and govcrnment-auachcd agencies and
send these copies to di strict- Lind communc-lcvei
Peoples Cornrniuccs of the localities in which
project s are to he implemented.
4. The Ministry of Natural Resources und
Environment shall provide the forms of lhl'
Issue nos07-081May 2011(Cong Baanos 241·242/May4 2011)
approval decision and certification of
environmental impact assessment reports.
Article 22. Publicity or information on
projects with approved environmental impact
assessment reports
J" After an en vironmentul impact assessment
report i~ approved. the project owner sha l l
formulate. approve and publicly display its
environmental control plan at the office of thecornmunc-Ie ve l People's Committee of the
locality in which consultation ofthc communityis made for people',; information. cxumi n ut ion
and oversight.
2. The en vironmental control plan. \vhich isformulated based on the environmental control
program proposed in the environmental impactu,,;sess mcnt rc port , Lovers the follow j ng.
al Organization and operation of the project's
environmental protection section;
bl The project's plan on environmental
protection education and awareness raising;
d The rcspons: hil ities of the project owner
and constructors (ifany) for taking solutions and
rnca s urcs to mitigate adverse impacts and
prevent and respond to environmental incidents
in the project construction phase;
dl Pian Oil construction and installation of
environmental protection works:
cl Plan on control of ansmg waste sources ~
control of the surrounding environment and
other environ mental cont 1"01 issues d uri ng theconstruction and official operation of the
project.
A rt icle 23. Re sponsihilit ie s of project
owners prior to official project operation
I. T() take en vironll1enta! protect ion measures
during investment preparation and project
Issue nos07-08/May.2011(CongBaonos 241-242/May4. 2011)
construction: to conduct environmental
observation required by the decision aprrovingthe environmental impact assessment report.
2.To design. build and install environmentalprotection 1\ orl\.., , operate the project's Waste
treatment works on a trial basis: to take over
environmental protection works under law: toelaborate, approve and implcrncnt a plan to clean
the reservoir before retaming water. for a projectwith construction of u n irrigution or hydropower
reservoir,
3. To make a dossier of rcq ucst for inspectionand certification of appl ication of en vironrnental
protection works and measures for projectopcrut ion under Artic lc 25 of this Decree and
send it to the agency provided in Clause 1.Article 24 of this Decree for inspection and
certification before officially operating the
project.
4. To cooperate with and create favorable
conditions for the environmental protection
management agency to inspect theimplementation ofthe environmental control plan
and works and measures for environ mentalprotection and environmental incident prevention
and response; to fully provide project-related
information and statistics upon request.
5, During project implementation, if occurs
an incident udversc ly affecting environmentquality and conuuu nity health, to stop :.illproject
activities «tusing such incident; to respond to
and remedy the incident and urgently report itto the provrucial-lcvel en vironmcnt management
agency and concerned agencies of the locality
of the project site for direction and coordinatedsettlement.
Article 24. lnspection and certification ofenvironmental protection works and measures
prior to official project operation
17
l . The agency approving an environmental
impact assessment report shall carry out thefollowing acti vities for the project of whichit
has approved the en viroume.nt al impactusse.ssmcnt report:
a/ Inspecting and cCl1ifying the application
of envi ronrncnral protection works and measuresfor project operation under Articles 25, 26, 27and 2S of this Decree:
bl Inspccnng tile upphcat ion of environmental
protection measures in the investment preparation
and project construction phases when necessary.
2. The agency approving an environmental
impact assessment report may assign itsp['ofessional environmental protection agency
to carry out the activities provided at Points a;In<1 h. Cluu-,e 1 of this Article (below referred
to as the inspection and certification agency).
3. For a project with multiple investmentphases whose owner wishes to officially operate
some work items before the project constructionis completed, the i nspe.ction a nd certification
agency may inspect and certify the application
of environmental protection works and measuresfor the opcrat ion of those work items at the
requcst of the project owner.
4. The Minisuy of Nut ural Resouices and
Environment shall detail the inspection and
certification of application of environmentalprotection works and measures for project
operation; and f ormul ate and promulgatespecialized technical guidelines for such
inspection and certification,
Article 25. Dossier of req ucst for i nspection
and certification ofapplication ofenvironrnental
protection works and measures for projectoperation
l , Wrirt cn request for inspect ion and
18
certification of application of environmental
protection works and measures for projectopcrauon.
2. Copy of the approval decision togetherwith the environmental impact assessment
report.
3. Report on application of environmentalprotection works and measures for project
operation provided in Article 26 of this Decree,which clcariy describes the size, process and
technology of waste treatment: changes from theplan stated in the approved environmentalimpact assessment report.
4. Annexes to the report on application ofenvironmental Plotcction works and measures
for project operation, including a drawing on
complete construction and results of trialoperation of waste treatment works; certificates
and recognition of imported or commercial izeduniform waste treatment equipment; notices of
sample measuring and analysis; take-over test
records and other documents related toenvironmental protection works and measures.
Article 26. Environmental protection worksand measures for project operation
L Wastewater collection and treatmentworks. equipment and measures proposed in theenvironmental impact assessment report.
2. Works. equipment and measures for storage.
collection. transport and treatment of hazardous
waste and ordinary solid waste proposed in theenvironmental Impact assessment report.
3. Works. equipment and measures forcollection and treatment of dust and emitted gas
proposed in the environmental impactassessment report.
4. Works. equipment and measures to
mitigate adverse environmental impacts not
Issuenos 07·0B/May 2011(Gong Bao nos 241·242iMay 4.2011)
related to waste: works. equipment and plansfor prevention of and response to environmentalmcrderus and other cnvi ronmcntal protection
works. measures and technical solutions.
Article 27. Process and time limit for
inspection and certification of application ofenvironmental protection works and measuresfor project operation
1. An inspccrion and certi fieation agencyshall examine a dossier of request for inspectionand certification ofapplication ofellvironmental
protection works a nd mea" ures for proj ect
operation sent by the project owner: and makea written notice within five (5) working daysafter reccrving the dOSSIer it the dossier isinvalid.
2. An in speer ion and certi Iicuti on agency
shall inspect environmental protection works
and measures for project operation applied bythe project owner under Article 28 of this Decreewithin twenty (20) working days after receiving
a complete and valid dossier. If the project fai Is
to meet conditions for certification ofapplication of environmental protection worksanti measures for project operation. theinspection and certification agency shall send anotice to the project owner within five (5)working days after having inspection results.
3. The project owner shall redress paper andpracticul problems as requested by the inspectionand certification agency in its notice: finalize thedossier of request for inspection and certificationof application of environmental protection works
and measures for project operation and send it tothe inspection and certification agency forinspection and ccrtificaiion.
4. Whe n necessary. the inspection andcertification agency may re-inspect
environmental protection works and measures
Issue nos07-DB/May 2011(Cong Baonos 241-242/May 4. 2011)
a ltcr the project owner redresses problems.
5. The inspection and certification agencyshall issue a certificate of the project owner's
appl icati on of en viron mental protection worksand measures for project operation or a writte n
refusal clearly stating the reason within five (5)
working days after receiving the dossier ofrequest for inspection and certification ofapplication of environmental protection worksand measures for project operation re-submittedby the project owner
Article 28. Process of inspection andcertification of application of environmental
protection works and measures for projectoperation
I. An inspection and certification agencyshall examine a dossier of request for inspectionand certification of application ofenviron mental
protect ion work s and measures for proj ectoperat ion sent by t lu: project owuet allJ conduct
physical inspection of those works and measures
through an inspection team set up by theinspection and certification agency.
2. Dcpendi ng on the type. size and nature ofthe project and prar ucal conditions, act ivit ie»of an inspection team include:
al Mcetinj; to evaluate and discuss aboutenvironmental protection works and measuresfor project operation applied by the projectowner;
bl Inspecting the actual status of environmental p rotect io n works and measures for
project operation applied by the project ownerand related technical solutions and equipment:
cl Each [earn member studying The dossierand writing comments and evaluations ofenvironmental protection works and measuresfor project operation applied by the project
owner:
19
d/ Making a general evaluation report onphysical inspection of environmental protectionWOI"ks and measures for project operation
applred by the project owner.
~. When ncc e s su ry, I he i n spect i 011 and
certification agency may carry out the following
activities:
al Consulting or hiring specialists orinstitutions to evaluate environmental protectionworks and measures for project operation
applied by the project owner;
bl Verifying the project's environmentalanalysis results provided by the project owner
through licensed environmental measuring,samp ling and COI1SUltdl1CY institutions.
4. Results of dossier and physical inspection
of environmental protection works and measuresfor project operation applied by the project
owner shall he written in an inspection recordwith the siguatures, full names and titles of the
inspection team head and the authorized
represcntati ve of the project owner.
5. The inspection and certification agency
shall issue a certificate of application ofcu vir oumemul pi ot ectiuu works arul measures
for project operation on the basis of the
inspection record 311d results of the activitiesprovided in Clause 3 of this Article, if any.
6. The certificate of application ofenviru nrucntal protection wen ks utili measures
for project operation serves as a basis for a
project owner to officially operate the projector a number of completed work ite rns, if theproject is invested in multiple phases. ThisCCI1i ficatc is a basis for competent stute agencies
to license huza rd ou s waste treatment and
destruction and wastewater discharge i1110 watersources.
7. The Ministry of Natural Resources and
20
Environment shall provide the forms of
documents related to the inspection andcertification of project owners' app lication of
environmental protection works and measures
for project operation.
Chapter IV
ENVIRONMENTAL PROTECTION
COMMITMENT
Article 29. Suhjects of environmental
protection commitment making and registration
1. Investment projects with nature, size andcapacity outside the list or below the level set
in the Jist provided in Appendix II to this Decree.
2. Production, business and service activities
not subject to investment project formulation
but with'arising production waste.
Arti<:,lc 30. Contents and registration dossier
of a written environmental protectioncommitment
1. A written environmental protectioncommitment for an investment project covers:
a/Brief introducti Oil of the project. includingname and.address of the project owner; project
name and location; production size, capacity and
technology: quantity and type of materials andfuel used during project implementation. The
project owner shall take responsibility for the
accurac y and completeness of declaredinformauen and statistics;
hi Arising waste: Maximum volume andconcentrat ion of each type of waste. if any;
c/Cornrnitrnent to taking measures to reduceand trc a t waste and to observing the
environmental protection law.
2 A wrirt e n e nvironrnc ntul protectioncommitment for production. business or service
activities not subject to investment project
Issuenos 07·08/May 2011(CongBso nos 241-242/May 4.2011)
formulation covers:
al Brief introduction of tile production.business or service plan. including name and
address or the establishment owner; place ofimplementation: production size or type ofbusiness or service: quantity and type of
materials and fuel used during operation. Theestabiishmcnt owner shall take responsibility for
tile accuracy and completeness or declared
information and stat istics;
hi Arising waste: Maximum volume and
concentration of each type of waste. if any:
c/ Commitment to taking measures to reduce
and treat waste and to observing theenviron me nra l prnlpctinn law
3. Tile registration dossier of a written
environmental protection commitmentcomprises:
al The written environmental protectioncommitment:
bl The investment project (feasibility study
report) or the production or business plan.
4. The Ministry of Natural Resources and
Environment shall provide the form of thewrrtten environmental protection commitment.
Article 31. Time for written environmentalprotecnon commitment registration
J. For a prospecting or mining project theproject o w n c r :;hull regi:itcr the written
environmental protection commitment before
proposing a competent agency to grant ormodify a prospecting or mining license.
2. For an oil and gas prospecting project. theproject owner shu ll register the written
environmental protection commitment beforedrilling for oil and gas.
3. Foran investment project with work items
subject ((1 construction licensing. the project
Issue nos 07-08/May 2011(Cong Baa nos 241-242/May 4.2011)
owner shall register the written environmental
protection commitment before proposing acompetent agency to grant or mod ify a
construction license.
4. For u project or production. business or
service activities other than those provided in
Clauses I. 2 and 3 of this Article. the projectowner or establ ish rncnt owner shall register the
written environmental protection commitmentbefore carrying out investment. production or
business activities.
Article 32. Written environmonta l protection
commitment registration
I. District-level People's Committees shallconduct the registration of written
environmental protection commitments.
2. In the following cases. a district-level
People's Committee may authorize a commune
level People's Committee to conduct theregistration of written environmental protection
commitments:
al PrOOUClJon. business 01' service activities
are to be carried CHit within one (1) commune
and arc not subject to investment projectformulation (feasibility study report);
bl The investment project is to beimplemented within one (1) COIl1lll11nC without
waste arising during its implementation.
3. For '-111 investment project or production.
business or service activities to be carried out
in two (2) (JI' more districts, the project owneror establi shmcnt owner may register the written
environmental protection commitment at themost r o nvr-n irn t rl i ct r ic t-Tr-v rl P,'olJlr',
Committee.
4. For an investment project to beimplemented ill a sea area for which the
administration responsibility has not yet been
21
assigned to any di s tri ot-Ic vel People's
Committee. the project owner shall register thewri ttcn cnvironrncnta I protection commi tment
at the district-level Peoplcs Committee or thelocality at whir-h the projcrt's wastt' treatment
and discharge arc registered. If such project does
not have waste to be brought to the inland forrecycling. re-use, treatment or discharge, the
project owner is not required to register the
written envi ron menta I protection commitment.
Article 33. Process of written environmental
protection commitment registration
1. A written environmental protection
commitment shall be registered as follows:
aJThe project owner or establ ishment owner
shall submit the registration dossier of a writtencn vi ronrncnta l protection commitment to a
competent agency provided in Article 32 of this
Decree:
bl Within five (5) working days after
rec ci ving a dossier. a competent agencyprovided in Art iele 32 of th i.s Decree shall notify
in writing the project owner of its acceptance
or refusal of the dossier. In case of refusal. itshall clearly state the reason.
2. The Ministry of Natural Resources andEnvironment shall pr ov idc the form of notice
of acceptance or refusal of a registration dossier
of a written environmental protectioncommitment.
Article 34. Sending of registered writtenenvironmental protection commitments
I. For a written cnvironmerual protection
cummiuneut regisrer-ed at a d: strict-level
People's Committee: Within tWO (2) working
days. the district-level People's Committee shallsend one (I) copy of the registered written
en vironrnental protection comm iuncnt to the
22
project owner. district-level cn vironrnc ntal
protection management agency and commune
level Pcoplcs Committee of the locality III
which the investment project or production.
business or service activ'lties is/are to be carriedout. and to concerned district-level People's
Committees. if such project or activities is/areto be carried out in two (2) ur IIIOIC Ji~triLl~.
2. For a written environmental protection
commitment registered at a comrnunc-lcvcl
People's Committee: Within two (2) workingdays, the commune-level People's Committeeshall send one 0) copy of the rCgi~tell:d wr iuenenvironmental protection commitment to theproject owner and the district-levelenvironmental protection management agency.
Article 35. Responsihilities of projectowners after written environmental protection
commitment registration
1. To take measures 10 mrugate adverse
environmental impacts stated in the registered
written environrnental protection commitment.
2. To Slop operations and promptly report tothe commune-level People's Committee anddistrict-level People's Commiuee of the locality
in which the project is to be '1 mplcmented ford irection and coordi naied settle rncnt whenoccurs an incident exerting adverse impacts on
the environment quality and community healthduring project irnplernentat ion or production andbusiness operations.
3. To cooperate with and create favorableconditions and provide relevant necessary
information for the environmental protectionstate rna n a g c me n t agency 10 conduct
supervision. examination and inspection Juringinvestment project imp lernontat io n orproduction and bus mess operat ions.
4. To make another written environmental
Issue nos07.0B/May 2011(Cong Baa nos 241-242/May 4,2011)
protection commitment for the investment
project or production, business or serviceactivities in tile following cases:
al Change of location of the project orprod Ilclion, business or service acti vi lies;
hi Failure to carry out the project orproduction, business Orservice activities withintwenty -four (24) months after register: ng the
written environmental protection cornrnitment;
el Change of size, capacity or technology.
res ulti ng in increased adverse envi ronmcntal
impacts or scope of impacts.
5. When an investment project or production,business or service act ivit ies change its/theirnature or size to an extent that requires
environmental impact assessment reponing as
provided in Appendix II to this Decree. theproject owner or establishment owner shall
make an environmental impact assessmentreport and submit it to a competent authorityprovided in Article 18 of this Decree forappraisal and approval under regulations.
Article 36. Responsibilities of state agencies
in charge of written environmental protectionc.orurninncut Icgi~tli!tiull
J, To inspect the app] ic at ion ofenvironmental protection rllt~:ISlln'S ,1:JIt'r/ in
registered written environmental protection
commitments and the observance of current laws011 environmental protection during investmentproject implementation or production. business
or service operations.
2. To receive and process proposals andrecommendations of project owners.c xt a hl i sh rncnt o wne rs or concernedorganizations and individuals related to theapplication of environmental protection iscues
and measures during i nvc st ment project
implementation or production, business or
Issue nos07-0S/May 2011(GongBaG nos 241-2421May 4,2011)
service operations,
3. To coordinate with project owners andproduction and business establishment ownersin promptly remedying incidents occurringJuring invcstrncnt project irnp lernentut ion und
production and business operations,
Chapter Y
IMPLEMENTATION PROVISIONS
Article 37. Financial regimes applicable tostrategic environmental assessment,c n v i ro n m c n ra l impact a s sc s s rnc nt un d
environmental protection commitment
I. The financial regime app lic ab lc tost rategic envi ron mental assess rne nt is asfollows:
al Funds for making strategic environ mentalassessment reports shall be included in the fundsfor formulation of strategies. master plans and
plans allocated from the state budget foreconomic non-business activities and othersources. if any:
bl Funds for appraisal of strategicenvironmental a ssc ssrnent report, .,hall he>
allocated from the environmental non-businessfunds.
2. The financial n:gime applicable toenvironmental impact assessment is as follows:
[lJ Funds for Ilwking cnvi roruncntul impact
assessment reports shall be allocated fromproject owners' investment funds;
b/ Funds for appraisal of environmentalimpact assess mcnt reports shall be allocatedfro rn collected fcc:; for up pr a i su l of
environmental impact assessment reports:
cl Funds fur inspection and certification ofproject owners' appl icat:on of env ironmental
protection works and measures shall be allocated
23
from tilt: environmental non-business funds.
3. The financial regime applicable toenvironmental protection commitment is asfollows:
al Funds for making written environmentalprotection commitments shall be allocated fromproject owners' investment funds;
bl funds for inspection of application of
environmental protection measures stated inwritten environmental protection commitmentsshall he allocated from the environmental nonbusiness funds.
4. Responsibilities for guidance:
a/ The Ministry of Finance shall assume theprime responsibility for. and coordinate with theMinistry of Natural Resources and Environmentin. guiding Points a and h, Clause I, Points h
and c. Clause 2, and Point b. Clause 3, of thisArticle;
bl The Ministry of Natural Resources andEnvironment shall assume the primeresponsibility for, and c oo rd i nute with the
Ministry of Planning and Investment in. guidingPoint a. Clause 2. and Point a. Clause 3, of thisArticle for state budget-funded investmentprojects.
Article 38. Reporting reg imc
I. District-level People's Committees shallhian nually submit to provincial-level People's
Committees reports on registration and inspectionof realization of written environmental protectioncommitments: registration of simpleenvironmental protection plans in localities undertheir management. The dc ad l ine for report
submission is provided as follows:
al Before July J() of the year ofimplementation. for the first rcpurt:
hi Before January j () of the subsequent year,
24
for the second report.
2. Before January 15every year. provinciallevel People's Committees shall submit to theMinistry of Natural Resources and Environmentreports on appraisal of strategic environmental
assessment reports', appraisal and approval ofenvironmental impact assessment reports;registration at wntten environmental protectioncommitments; inspection and certification ofen vironmental protection works and measures;appraisal.approval, inspection and certificationof implementation of detailed envir-onmentalprotection p)all~; and reg i~tl at lou and inspecuon
of the implementation of simple environmentalprotection plans of the previous ye;lr in localitiesunder their management.
3. Before January 15 every year, ministries(except the Ministry uf National Defense andthe Ministry of Public Security). ministerial
level agencies and government-attachedagencies shall submit to the Ministry of NaturalResources and Environment reports on appraisalof strategic environmental assessment rcports ;
appraisal and approval of environmcntal impactassessment reports; and inspection andcertification of cnv ironrnenta I protection worksand measures of the previous year ill the sectorsunder their management.
4. The Ministry of Natural Resources andEnvironment shall detail the contents and formsof the reports provided in Clauses L 2 and -' (ifthis Article,
Article 39. Transitional provisions
I, Dossicrs of request for appraisal ofstr atcg i« cn vu un ruern a l a ssessutcn: reports:
appraisal and approval of cnvironmerual impactassess rnent reports; appraisal and approval ofsupplemented environmental impact asscssmcm
reports; inspection and certification of the
Issue nos 07-08/MaY1Q11(Gong Baa nos 241-242!May 4,2011)
implementation of reported contents andrequirements stated in decisions approvingenvironmental Impact assessment reports;registration and cenification of wr ii tenenvironmental protection commitments: andcertification of supplemented wr rtre nenvironmental protection commitments receivedby competent agencies before the effective dateof this Decree shall be considered and handledunder the Government's Decree No, 80/2006/ND-CP of August 9, 2006, detailing and guidi nga number of articles of the EnvironmentalProtection Law. and the Government's Decree
No, 21/2008/ND-CP of February 28, 201l8,amending and supplementing a number ofarticle s of Decree No. 80/2006/ND-CP ofAugust 9, 20()() , detailing and guiding a numberofarticles of the Environmental Protection Law,
2. Consolidated production, business or
service zones or production. business or serviceestablishments whose environmental protectionplans have been approved shall report to theagencies approving those plans for consideration
and certification of the implementation ofenvironmental protection issues stated in theenvironmental protect: on plans under theapplicable law at the time such plans wereapproved,
3, By the effective date of this Decree,consolidated production, business or servicezones or production, husine ss or service
cstahl ishrnents that fail to obtain decisionsapproving e nvironme nta) impuct aSSCSSl1lCllt
reports. decisions approving supplementedenvironmental impact assessment reports,registration ccrt ir icatc of cnvuonmeut a I
standard conformity, written en vironmcrn alprotection commitments. or decisions approvingOf written certification or environmentalprotection plans shall, in addition to being
[ssue nos07-08/Mll-Y.lQll(Cong Bso nos 241-242iMay4. 2011)
handled for their violations under law. take
either of tile following remedies within two (2)
years after tllC effective date of this Decree
al Making a detailed environmentalprotection plan, fur establishments with size and
nature similar to the subjects of environmental
impact assessment reponing under this Decree.and submit it to a competent agency provided
in Clause 2, Article 18 of this Decree forapprui sa l and approval;
hi Making a simple environmental protection
plan. for establishments with size and naturesimilar to the subjects of written environmental
protection commitment registration under thisDecree. and submit il to a competent agency
provided in Article 32 of this Decree for
reg istration.
4. Consol idatcd production. business or
service zones or production. business or serviceestablishments with approved environmental
impact assessment reports. which have officiallyoperated but fail to obtain written certrficution
of the implementation of reported contents and
requirements of decisions approvingenvironmental impact assessment reports, shall.
in addition to heing handled for their violationsunder current l.iw, suhmi: :t dossif'.r of rr-qur-s t
for certification of applied environmental
protection works and measures to a competent
agency provided inArtie Ie 26 of this Decree for
inspection and certification. within two (2) years
after the effective date of this Decree. Contentsof the dossier of request for inspection and
certification ofenvironmental protection works
and u rcus urcx. PIUCl:~~. lillie limit and method
of inspection and certi fication of en vironruentalprotection works and measures comply with
Articles 24.25,27 and 28 of this Decree.
'i. Deru ilcd and simple environmental
25
protection plans serve as a basis for
imple men tat ion by con sol idatcd production,bus incss or service zones or prod uct ion ,
business or service establishments and forf'X;llllin:llio!1 incpert ion :Ind violation handling
by concerned state management agencies.
(J. The Ministry of Natural Resources andEnvironment shall detail the formulation,appraisal. approval. inspection and certificationof the implementation ofdetailed cnvirnnrnontnl
protection plans; and the lormrn.ation andregistration of simple environmental protectionplans.
Article 40, Effect
This Decree takes effect on June 5, 201Land replaces Articles 6 t hru 17 of theGovcrnments Decree No. 8011006JND-CP of
August 9, 2006. detai ling and guiding a numberofarticles of the Environrnenta IProtection Law;and Clauses 3 thru 10. Article 1 of the
Government's Decree No. 2l/2(J08/ND-CP of
February 28. 2008. amending andsupplementing a number of articles of DecreeNo. 80/2006/ND-CP of August 9. 2006.detui ling and guiding a number of art iclcs of
tile Environmental Protection Law.
Ar-ticle 41. Implementation rcsponsibifities
1. The Ministry of Natural Resources andEnvironment shall guide and organize theimplementation of this Decree.
2. Ministers. heads of ministerial-levelagencies, heads of government-attachedagencies and chairpersons of provincial-levelPeople's Committees shall impl ement thisDecree.
On be/wlfor/lic (;O\'cnllllCIl!
Prime MunsterNGUYEN TAN DUNG
26 Issue nos 07-0B/May 2011(Cong Baa nos 241-242/May 4. 2011)
Appendix I
List of strategic projects and master plans subject to detailed strategicenvironmental assessment
(To tI,C COl'CrnlllclIl's Decree No, 2<J1201 IINfJ-CI' ojApril 18. 201 I)
A Strategic environmental assessment reports incorporated in strategies, masterplans and plans
I Socio-economic development strategies and master plans
I National socio-economic development strategies
II Development strategies and master plans of national-level sectors and domains
1 Development strategies on industry. agriculture and rural development. transport,construction. touns m and hea lth (tncludinu also sub-sectors of these sectors and domains)
2 Development master plans on industry. agriculture and rural development. transport.construction. tourism and health other thun those provided in PUr( B of Appendix TI
III Master plans on inter-provincial river basins
B Separate strategic CIlVil'UIlJllcn[al assessment renorts
I Socio-economic developmcn t strategies and master plans
j Socio-economic development master plans of socio-economic regions. key econorruc
regions. economic regions, economic corridors and economic belts
2 Socio-economic dcvcloprnont mas.tcr plans of provinces and ccntruliv run cities
II Development master plans of national-level sectors and domains
1 Development master plans Oil clcct ric itv. hydropower, thcnuopuwcr , atunric cnergyand nuclear power; oil and gas exploitation, petrochemistry paper; basic chemicals,fertilizer. plant protection drugs; rubber: textiles and garments; cement: steel; miningand pJ(JCc~~iJlt' of coa], irun orcs. tin. aluminum. wolfram, antimony. titanium, gold.rare earth and other radioactive minerals
2 Develornnent master pIans on ;J;'rjculllln~, forcstn fixherics and irrigation
3 Development master plans 011 road. railway, seaway. waterway, port and aviationinfrastructure faci iitics
4 Development master plans on urban centers. construction materials. solid wastemanaucrncnt and hazardous waste !Tlanagelllcnt
5 Dcvcl oprncnt rnastc r I'll ans on (Juri Sill and Qolf courses
(l Development master plans 011 !J\):,pital networks
7 Development master plans on economic zones. industrial parks, export-processingZOnes and hi-teeh zones
~SJd!Lnos OJ-08/May 2011(GongBao nos 241-242/May 4,2011)
27
I~--' ,------- --'----------------
III Master plans on land lise, forest protection and development and exploitation andU<;I' of Iltlwr l1:-1tur:-ll l'I'<;llllI'('(-'<; 011 i ntc r-p ruvincral (),- .regionul seal e
1 National and regional master plans on land use
:2 1\1a,;I<:I' plans on forest protection and development in :2 or more provinces
3 Master plans on exploir.uion and use of surface water. ground water and minerals in 2or more provinces
C Other strategies, master plans and plans as directed by the National Assembly,the Covcrnment and the Prime Minister
Appendix II
List of projects subject to environmental impart assessment reporting
(to tli« Gnvr-rnmcnt'« Decree No. '}. 91201JlND-Cl' o/Apri/ 18, '}.()11)
Size
All
-
All'VC~:
.--~---~- - - -
and V/ith all area of') haor IJl'!.!er
han With a length of 5km or longer
With a clredgillg areaof I ha or Ialger
k s . All
mcs.led
--
With CI husilless areaof 'iOO Ill' or larucr
- -- -,-~~-,~---
le-:? All
( L1r
ten;
r--
;-"'0. Projects
I Projects in which investrnc nt is decided by the NatiorAsscmbl v or llie Prime Minister
2 Projects using land of nature reserves; national parks:hixt ()]'ic ;11~C 111111 r, II n·fin' world hcrit:lgc~', hios phe re r,
and ranked landscapes and scenic places
-._- -~-~ Coust ruction projects_
J Projects 10 build technical infrastructure of urban ccnresidential JI'eJS
4 Projects to build or upgrade water drainage systems 0
and residential areas:
)'( oj lTl.s tu ellt.:ugc l:iJl)cll.s. i i vel s uud rexcrvoi rs
.'i Projects to build l<'cilnical infr:rstrlH'llln' of iIHhl',lri:r1hi-tech zones. industrial complexes. cxport-proccs sintrade zones. traditional craft villagcs and other consulprod Lie! ion and husiness zone,-- ~-
() Projects to build supcrmarkctx and trade centers
-~-_.- 'I-----~--------- -
7 rn~jcC[s (() hui Id whoksak murl«:ls c\l1d grade' I ,1I1(J (
l markers i11 ci(ie,;, town sand tU\\llsllips----
28 Issue.nos 07-08/May 2Q1!(Gong Beonos 241·242/May4 2011)
- ------~
8 Projects to build hospitals All
9 Proj ects to DU iIJ luborutories with hazurdou» waste ari s: ng Allfrom test i 11 I! act ivities
10 Projects to build dormitories and condominiums For S(X f tenants or 100households or more
II Projects to build tourist service, spUrlS and recreational centers With all area (If 5 haand l';olf course.. or l.irccr
12 Projects to build tourist lodgings With 50 roo.us ormore
- - - -
13 Projects to build other tourist service centers (comprising With <I dailyinfrastructure facilities and physical foundations) wastewater volume
of 500 Ill' 0 r more
14 Proj cct s to huiId cemeteries (for burial. inci ncration and other Allfornix)
..-. ---,,- -
15 Projects 10 build works with basements With ad eplll of 1() 111
~~-
_~Ir deeper
t6 Projects (() build fighting works, military training centers. Allshooting ranges and defense ports: military depots; anddefense-economic zones _.
Construction material projects
17 Projects to build cement plants All
Projects to build clinker plants With an annualcapacity or 5(XJ.(XX)toux of clinker or more.- _.
18 Projects to build clinker grinding and cement production With all annualestahl dlllll'nt,<, capacity of !(X)J)()()
tons of cement or more
19 Pl'qjccts ((J build brick. roofing tile and fibre-cement sheet With annual capacityr h n t s of 10 mil/ion standard
brirks or roofing tilesor more or 5(X},(XXJ Ill'
(>f roofiw' fibre-00>
cement sheets or more
2(J I'rojc'lls to build establishments producing flooring and With all annualwalling tiles of <III types cap<Jcity or S(X).()()(J
m- or more--21 Projects to build c.(Jahli,hlllcnl.'; prodllcin,l! other cunsr ruct ion \Vith <Ill annual
SLillplil'S and materials capacity of SD.(X)() lOIl.s
----- nC'prllducts or more
Issue nos 07-08/May 2011(Gong Beonos 241-242/May 4. 2011)
29
Transport projects
77 Projects to build underground transport works All--(metros and tunnels):
With a length of .')O() III orProjects to~l~ cahl~ cars longer ---._---
23 Projects to build automobile highways and Allautomobile roads from grade 110 III: overheadrailwavs: and airports _.
24 Projects 10 renovutc :llld upgrade auto mohile Allhighways, automohile roads from grade I to Ill, andrailwa vs
25 Projects to build grade-Iv and -Y automobile roads With a length (If IO() krn orlonucr
~~.__...
26 PI lljcLls III build mild .uul ra il bridgc;, With a lellgtll uf 2()() III 01
-longer (exclLld~n~~ feeder roads)
27 Projects [0 build river- and sea port s For receiving shills of 1,(Jon
.-DWT or larger
28 Projects to build fishing ports and wharves Receiving daily 50 tons of fishor more
29 Projects to build car terminals Wit h an area of 5 ha or larger
30 Projects to produce hot asphalt concrete With a daily capacity of 100tons of produt.:ts or more
Power and radloactlvlty projects-
31 Projects tn build nuclear reactors; nuclear power Allplants a!.lcl thermopower plants
co') Projects In build production, business and service All.,-c,!ahll,hrlll.'llts lI~lllg rud iouct ivc suhs tanccv or Ilith
arisi ng.radioJCli ve waste -
13 Projects tn build wind power and photo-electric Using J()() hu of land or waterpower pl.ants surface or 1110r'(:
34 Projects (tl build hydro-power plants With reservoir cap"L,"ty ofroo.()()() ru
,oj" \1 <lICI or II lure ur
with a capacity of I t\1Wormore
>.----_.- ---_ .._- ..,----~
35 Projects IU build clcctricit ; transmission line« and or 110 kV (\1' hi~hl'r
pll\\t'r ,lal ions.~---_._~------------.'._--
30 Issue nos 07·0B/May 2011(CongBaD nos 241-242/May 4,2011)
36 Projects to manufacture electric wires and cables With an annual capacity of
~--
10,000 tons of products or more
Electronics and telecommunications projects
37 Projects 10 build radio transcelvcr stations a rul wu. J. capacity uf 2"Will
telccomrnunicati ons transcei ver stat ions 1110re
38 Projects to manufacture electric and electronic With an annual capacitv (Ifdevices 10,000 units or more
39 Projects to manufacture electric and electronic With an annual capacity of 500components tons of electric compuneills and
100.000 electronic componentsor more
40 Projects to hui ld relecornmun ications routes With a length of JOO kill orlonger
Projects on irrigation and forest and agricultural land usc
41 Projects to build reservoirs With a capacity of I00.000 1l1~
uf water 01 more
42 Projects to build irrigation and water supply and Irrigation and water supply anddrainage works for agricultural. forestry and fishery drainage for an area of 100 haproduction or larger
43 Construction projects encroaching sea area,'; With a coastal beltway of 1.000[11 01 kJlJgu or eucruach iru a
'"sea area of .5 ha or larger
44 Projects to build dykes and sea and river With a length of I.()()O In orembankments longer
45 Projects which change use purposes of forest areas With an area of.5 ha Dr larger. foror areas under I wo rice crops pCI' year watershed protection forests.
wave-sheltering protection forestsand special-use forests; 10 ha orlarger. fur natural forests: 50 haor larger. for other forests; and 3ha or larger, for areas under tworice crops per veal'
46 Projects to grow and exploit forests With a forestation area of 1.o(K)ha or larger; cxploilalinn of;1
forest area of ~O() ha or larger. forplanted forests. V) ha Dr larger.for natural production forests.and lO ha or IClrg~r. for natura]protection forests
Issue nos07·08JMay 2011(CongBee nos 241-242/May 4, 2011)
31
47 Projects to build industrial crop zones and With an area of 50 ha or largerconsolidated zones for vegetable and flowerplantation (including abo re-cultivaiion projects)
Mineral prospecting, exploitation and processing projects
48 Projects to exploit materials for ground leveling With an annual capacity of100,000 m) ofprirnary
materials or more
49 Projects to exploit sand or dredge river beds to With an annual capacity ofacquire materials for ground leveling and 50.000 m
1of primary materials
construction or more
50 Projccr s to expl uit sul id minerals (without using With an annual mining volumehazardous substances. chemicals or industrial (including minerals and earthexplosive materials) and rock waste) 50.000 m~ of
primary matenals or more
51 Projects to explore rare earth and radioactive Allminerals: projects to exploit and process solidminerals using: hazardous substances. chemicals orindustrial explosive materials; projects to processand refine ferrous metals. radioactive metals andrare earth
52 Projects to process solid minerals without using With an annual capacity ofhazardous substances or chemicals 50,000 rn' of products or more
With an annual discharge of500.()OU m' of earth and rocksor more, for coal sorting
5:1 Projects to exploit water for supply to production. With a daily capacity of 5,000business, service and daily-life activities rrr' of ground water and 50,000
ITIl of surface water or more
54 Projects to exploit (ground or surface) mineral With a daily capacity of 120 m\water and thermal mineral water of water or more, for bottling;
and 500 m' of water or more,for other purposes
55 Projects to sort and enrich rare earth and With an annual capacity ofradioactive minerals 1.000 tons of products or more
Oil and gas projects
5() Oil and gas exploitation projects All
32 Issue nos a7·D8/May 2011(Cong Beonos 241-242/May 4. 2011)
57 Projects to build oil refineries (except those on LPG Allfilling and lubricant preparation); petrochemistryplants; oil and gas pipelines and oil and gas transitcenters
S8 projects to build petroleum depots and SllOPS With depot or tank capacity of200 m
1or more
\Vastc treatment nroiects
59 Projects to build central ized waste recycling, Alltreatment, burial or destruction establishments
-------- - - -
60 Projects to build central izcd wastewater treatment All, for industrial wastewater:systems With a daily designed capacity
of 500 rrr'or more, for daily-lifewastewater
61 Projects La preliminarily process scraps (including WHh an annual capacity ofimported scraps) 3.000 tons or more
(12 Proj-cts 10 hui lrl f'sl;ilJlishmenIS dismantling and Allcleaning ships
Engineering and metallurgy projects
63 Projects to buiId metallurgy plants AlL for projects using materialsbeing scraps;
With an annual capacity of1,000 tons of products or more,for projects using othermaterials
64 Projects to build steel rolling mills All. for projects using materialsbeing scraps;
With an annual capacity of2,000 tons of products or more,for projects using othermaterials
65 Projects to build shipyards and ship repair Designed for ships of 1,000establ ishrnents DWT or larger
66 Projects to build plants manufacturing and repairing With an annual capacity of 500containers and trailers containers and trai lers or more,
for manufacture;
With an annual capacity of
2,500 containers and trailers ormore, for repair
Issuenos 07·0a/May 2011(Cong Beo nos 241-242/May 4, 2011)
33
67 Projects to build plants building, repairing and With an annual capacity of 100assemhlinz locomotives and compartments vehicles or more
68 Projects to build motorbike and automobile With an annual capacity ofmanufacturing and assembling plants 10,000 motorbi kes and 500
autornobi les or more
69 Projects to build machinery and tool machinery With an annual capacity ofplants I,oon tons of products or more
70 Projects to build metal plating, coating and With an annual capacity of 500nolishina plants tons of products or more
7l Projects to build plants of formed aluminum With an annual capacity of2,OO() tons of products Or more
72 Projects to build weapon, military supplies and Alltechnical equipment manufacturing and repairplants
Projects on timber processing and glass, ceramic and china production
73 Projects to build timber processing mills With an annual capacity of3,000 Ill' of timber or more
74 PIOjccb lLJ build chip plunts With an annual capacity of50,000 tons of products or more
75 Projects to build plywood plants With an annll;lI (,;Jflar:ity ofIOO/Jon mC or more
76 Projects to build plants of domestic, construction or W'Jth an annual capacity ofindustrial wood products 10,000 products or more
77 Projects to build art craft plants With an annual capacity of 1million products or more
78 Projects to build glass, ceramics or china plants With an annual capacity of[,000 tons of products or more
79 Projects to build plants of ceramic bathroom With an annual capacity offixtures 10,000 products or more
80 Projects to build bulb and thermos plants With an annual capacity of 1million products or more
Food processing projects
81 Projects to build food processing establishments With an annual capacity of 500tons of products or more
34 Issue nos 07·08/May 2011(CongBeo nos 241-2421May 4,2011)
82 Projects to build COil sol ida ted slaughterhouses With a daily capacity of SOOcattle or S,O()() poultry or more
83 Projects to build aquatic processing establishments With an annual capacity of 100tons of products or more
84 Projects to build sugar mills With all annual capacity of10.000 tons of sugar or more
85 Projects to build alcohol and spirit breweries With an annual capacity of50,UOO litters of products ormore
--- -- - - - - - - - - _.- _.-
86 Projects to build beer and beverage breweries With an annual capacity of200.000 litters of products ormore
87 Projects to bu ild food season ing plants With an annual capacity of5.000 tons of products or more
88 Projects to build milk production and processing With an annual capacity ofestabi jshrnents IU,OOO tons of products or morc_
89 Projects to build edible oil production and With an annual capacity ofprocessing establishments 10.000 tons of products or more
9U Projects to bui Id confectionery makers With all annual capacity of5,000 tons of products or more
91 Projects to build ice plants With a dally capacity 01 J(JU
tons of ice or more
92 Projects 10 build plants of refined water and bottled With an annual capacity ofrefined water 2,000 m' of water or more
Farm product processing projects
93 Projects to build cigarette plants With an annual capacity uf
- _._--_. 600,000 ciearettcs or more-- - -
94 Projects to bui id tobacco processing establ ishrnents With an annual capacity ofl.OO() tons of products or more
95 Projects to build cereal product processing With an annual capacity ofestab] ishrnents IO,OO(J tons of products or more
1)6 Projects to build rice mills With an annual capacity of20.000 tons of products or more
97 Projects to build starch production and processing With an annual capacity of SOC)
establishments tons of products or more
Issue nos07-0B/May2011(GongBeo nos 241-2421May 4. 2011)
35
98 Projects to build cashew nut processing With an annual capacity ofestablishments 1.000 tom of products or more
99 Projects to build tea or cocoa processing With an annual capacity ofestablishments 1000 tons of prnollch or mOTP;
JOO Projects to build coffee processing establishments With a monthly capacity of 500tons of products or more. forthose using the wet method; anann ual capacity of 10.000 tonsof products or more, for thoseusing the dry method; and l,OO(j
tons of products or more, forprocessing powder and instantcoffee
Projects on animal husbandry and animal and aquatic f('('d processing
101 Projects to build establishments processing animal With an annual capacity ofand aquatic feed and aquatic by-products 1.000 tons of products or more
102 Projects to bui Id fish powder processing rni lis With an annual capacity of SOOtons of rrndll(·ts or mon"
103 Projects to build intensive or semi-intensive With a water surface area of 10aquaculture establishments ha or larger
104 Projects to build extensive aquaculture With a water surface area of 50establ ishments ha or larger
105 Projects to build on-sand aquaculture With a rearing area of 10 ha orestablishments larger
f------- - ..- --
106 Projects to build consolidated cattle raising With a herd of 500 or more, forcstabl ishrnents buffalos and cows: and 1,000or
more, for other cattle
107 Projects to build consolidated poultry raising With a flock of 20.0()Opoultry;cstuhlis hmcnts 200 O:'>LIic he:,; ur roo.ooo
quails. or more
108 Projects to build cstahlishrncnts raising and caring Allwild animals
109 Projects to build rcpt ilr- hrecrlinc "<J:lhlidlnl,'nls With I ,OO() alligators. vuruns or
pythons; and 5.000 snakes orother rcpti les. or more
36 Issue nos 07·08/May 2011(Gong Beo nos 241-242/May 4. 2011)
Projects on fertilizer and plant protection drug production
110 Projects to build fertilizer plants With an annual capacity of1.000 tons of products or more
J 11 Projects to build chemical or plant protection drug WJtI1 a storage capacrty of j
warehouses tons or more
112 Projects to build fertilizer warehouses \Vith a storage capacity of 100tons or more
113 Projects to bujIdpl alit 12ro!fctiot.!...9l:!:!,g factori cs All._. -
114 Projects to buil d establishments bottl ing or packi ng With an annual capacity of 300plant protection drucs tons of products or more
115 Projects to build organic or micro-bic fertilizer With an annual capacity ofplants I ,(lOO tons of products or more
Chemicals, pharmaceuticals and cosmetics projects
116 Projects to build pharmaceutical product or All. for vaccine production;veterinary drug plants
With an annual capacity of 50tons of products or more, forother ph<tllllilccutical prouucband veterinary drugs
117 Projects to build chemicals-cosmetics plants With an annual capacity of 50tons of products or more
118 Projects to build plants of plastics. plastic-based With an annual capacity of 100products, paint and baSIC chemicals ton s of products or more
119 Projects to build plastic product plants With an annual capacity ofI.O()() tons of products or more
120 Projects to build plants of detergent and additives With an annual capacity of
- - - - - - - -- J.(XlO tons of products or morer--
121 Projects to build plants of discharge substances, Allexplosives and fire devices
122 Projects to build industrial explosive plants and Allwarehouses
123 Projects to build zones making salt from seawater With an area of lO() hOI or larger
Projects on paper and stationery production
124 Projects to huild pulp and paper plants With an annual capacity of 300tons of prod ucts or more
Issue nos07·0B/May 2011(Cong Beia nos 241-2421May 4.2011)
37
125 Projects to build paper plants With an annual capacity ofS.OOO tons of products or more,for production of paper from
pulp
All. for production of paperfrom waste
126 Projects to build stationery plants With an annual capacity of1,000 tons of products or
more
127 Projects to build carton packaging plants With an annual capacity of.'i.UOO tons of products or more
._--'------..--_.
Textiles, dyeing and garmcnt projects
128 Projects to build weaving or dye-weaving Allestablishments
121) Projects to build non-dye weaving cst abl i shmcnts \Vith an annual capacity of I()million meters of fabrics ormore
130 Projects on production and sub-production of \Vith an annual capacity ofgarments 50.()OO products or more. for
those in vul vinj; t lrc washiug
and bleaching process
With an annual capacity of 2mi Ilion products or more. forthose not involving thewashing and blenching process
13I Projects on industrial washing and laundering. With an annual capacity of50.000 prod uct s or more
132 Projects on silk and synthetic fiber making With an annual capacity of1,(JOO tons or prod uc ts ormore
Other projects
133 Projects to build research and de.velopmcrn Ailinstitutions or production establishments in hi-techzones
38 Issue nos07-0B/May 2011(Cong Baanos 241·2421May 4.2011)
134 Projects on rubber and latex processing With an annual capacity of4.000 tons of products ormore
135 Projects to build plants of medical products and With an annual capacity ofequipment from medical plastics and rubber lOO,()OO tons of products Dr
more
136 Projects to huild footwear plants With an annual capacity of 1million products or more
137 Projects to build plants of rubber fires and tubes of With an annual capacity ofdifferent types 50.000 products or more. for
autos and tractors: and J()O.OOOproducts or more. for bikes andmotorbikes
138 Projects to build plants of printing ink and other With an annual capacity of SOOprinting materials tons of printing ink and 1,000
other products or more
139 Projects to build battery and cell factories With an annual capacity of50.000 kWh or !OO Inns ofproducts or more
140 Projects to build tanning establishments All
141 Projects to build estab! ishrnent« manufacturing COc With an annual capacity ofgas and filling and liquefying: industrial gas 3,000 tons of products or more
142 Projects to build plants of extinguishers and other All[Ire fighting products
143 Projects involving relocation and resettlement For 300 households or more
[44 Projects on renovation. expansion. upgrading and With size and capacity to thecapacity increase level of projects Iisted from
:-\05. 1 thru 143
145 Projects with one item or more among: projectslisted from Nos. I thru 143 in this Appendix
146 Projects at risk of environmental pollution anddl'gradatioll outside this Appendix shall heconsidered and decided by the Minister 01 NaturalResources and Environment
Issue nosOJ-DS/May 2011(Gong Beonos 241·2421May 4,2011)
Appendix III
List of' projects with environmental impactassessment reports to he appraised and
approved by the Ministry of NaturalRf'~nllr{'p.. and En"jronn1Pnt
(To the Government's Decree No. 29/20lJ/ND·
CP ofApril 18.2011)
I. Projects in which investment is decidedby the National Assembly or the Prime Minister.
2. Projects using land of national parks,nature reserves. world heritages. historical andcultural relics. ranked national landscapes andscenic places and areas of biosphere reserves(except projects using land of transitional areasof biosphere reserves of under 20 ha).
3. Projects to build atomic power plants,thermonuclear power plants. nuclear reactors;
thermopower plants with a capacity of 300 MW
or more and located less than :2 km from an urbancenter or concentrated residenual area: otherthermopower plants with a capacity of600 MWor more: hydro power plants und irrigution
works with a reservoir capacity of 100 millionm ' or more,
4. Projects encroaching the sea on 20 ha orlarger: proj ects reg ue sti ng change of usepurpose" ofwatershed protection forests. wave
. wind- and sand-sheltering protection forests.spec ial use forests of 20 ha or larger or othernatural forests of 100 ha or larger; projects using20 ha of Iand under two rice crops per year orlarger; projects to build on-sand aquacultureestablishments with an area of 100 ha or larger.
5. Projects to build oil refineries andpetrochemistry plants; projects to build plantsof basic chemicals, plant protection drugs,detergents, additi ves and chemical terti lizer withan annual capacity of 10.000 tons of products
or more; projects to build battery plants with an
39
annual capacity of 300.000 kWh or WO tons of
products or more; cement plant projects withan annual capacity of 1.2 million tons or more;projects 011 plants storing radioactive substancesor wit h radioactive waste: projects to hui ld pulpmills with an annual capacity of 25J)OO tons of
products or more: projects to build alcohol orspirit breweries with all annual capacity of500.000 liters of products or more; projects tobuild beer or beverage plants with an annualcapacity of 2 million Iitcrs of products or more:
projects to build aquatic product processingplants with an annual capacity of 5.000 tons of
products or more.
6. Oil exploitation projects; solid mineralexploitation projects with an annual capacity of
500,000 rn' of primary materials (includingtailings and minerals) or more, projects to
exploit rare earth and radioactive minerals',projects to sort and enrich rare earth andradioactive minerals with an annual capacity of
50,000 tons of products or more; projects toprocess and refine rare earth. ferrous meta", and
radioactive minerals using annually 100,000tons of refined ores or more', projects to exploitwater tor supply to production. business, service
and daily-life activities with a daily capacity of
250.000 m'.
7. Projects to build infrastructure of
industrial parks. export-processing zones. hitech zones, industrial complexes, tourist serviceand recreational centers and urban centers withan area of 200 hu or larger: projects to huild
hospitals with 500 patient beds or more: projectsto build pons for ships of 50.()OO DWT or larger:projects to build steel refineries with an annualcapacity of 2()()J)()() tons of products,
X. Pr().iccl~ tn hu i lrl znlle~ fnr recycling,
treating. burying and destroying hazardous
waste collected from production. business and
40
service establishments; projects to build zones
for recycling. treating. burying and destroyingordin.uy solid waste with a daily cap:Lcity of 250
tons or more; projects to budd consolidatedindustrial wastewater treatment systems with adaily capacity of 5.000 111~ or more.
9. Projects on renovation, expansion.upgrading and c;Lpacity increase with nature,
size and capacity up the level of projects listedfrom Nos. 1 thru 8 of this Appendix.
10. Projects with one or marc items amongprojects listed from Nos. 1 thru 9 of thisAppennix.
1l. Other projects specified in Appendix Illocated in2 or more provinces and centrally runcities or in a sea area for which the
administration responsibility has not beenassignf~d to any provincial-level People's
Committee, or projects located in :2 or morecountries.-
Issuenos 07,OBIM::lY 2011(Gong Baanos 241-242/May 4.2011)