Lượt xem:
In
1.Detailed appraisal and approval process of the project of environment protection.
1.Detailed appraisal and approval process of the project of environment protection.
1.1. Procedures.
- Step 1: Organizations and individuals build up their dossier for appraisal, then send it by post or directly submit to the one-stop-shop of the Provincial Department of Natural Resources and Environment.
- Step 2: The one-stop-shop officer will get the dossier, check the completion and validity, write the receipt note, register , up-date in the computer system for supervision, then transfer it to the environmental protection Bureau for processing legally.
- Step 3: The environmental protection Bureau receive advice, process the dossier, and examine the eligibility. If the dossier does not yet meet the requirements within 2 working days, the Provincial Department of Natural Resources and Environment must send a notice with attached instructions in writing just only once to the Organizations and individuals for perfection.
- Step 4: Within 2 working days f-rom the reception of the fully valid dossier, the Provincial Department of Natural Resources and Environment handover the document to the President of the province so that a team of examiners for environment protection is set up, as per required.
- Step 5: Within 3 working days upon the reception of the statement and the fully valid dossier f-rom the Provincial Department of Natural Resources and Environment, the President of the Province issues a decision on establishing a team of Examiners for Environment Protection.
- Step 6: Within 3 working days f-rom the reception of the decision on setting up a team of Examiners, the head of the team is in c-harge of fulfilling examination and appraisal, as per required.
- Step 7: Within 2 working days f-rom the fulfillment of the examination and appraisal, the Provincial Department of Natural Resources and Environment sends written announcement of the examination and appraisal result to organizations and individuals.
- Step 8:
- In case of approving without any edition or addition: within 2 working days f-rom the result of appraisal, the Provincial Department of Natural Resources and Environment makes a written statement and sends it to the People’s Committee for approval, and at the same time, asks the organizations and individuals to send the after-appraising dossier to it.
- In case of approving with the requirement for some edition or addition: within 30 working days f-rom the issue of appraisal result by the Provincial Department of Natural Resources and Environment, organizations and individuals are to do edition and addition and complete the detailed project of Environment Protection and sends the after-appraising dossier back to the Provincial Department of Natural Resources and Environment.
- In case of the project being disapproved or the result annulled, organizations and individuals are to build up the project again and follow the requirements.
- Step 9: Within 3 working days f-rom the reception of the dossier proposing an approval of the detailed project of Environment Protection which has been edited and added and completed, the Provincial Department of Natural Resources and Environment completes the document and sends it to the People’s Committee for review and approval.
- Step 10: Within 3 working days f-rom the reception of the written statement f-rom the Provincial Department of Natural Resources and Environment and the fully valid dossier, the People’s Committee reviews and then issues a decision on the approval of the project.
- Step 11: Within 2 working days f-rom the reception of the Decision of approval of the project, the Provincial Department of Natural Resources and Environment makes a confirmation on the extra cover and then sends 1 set of the approval decision as well as the project documents to organizations and individuals, People’s Committee of District. Also, it must sends the Approval Decision to the Ministry of Natural Resources and Environment, the Industrial zones Authority of the Province (applied to the project carried out in the Industrial zones), People’s Committee of Commune ( if the project is carried out in the commune area), and saves the original dossier at the Provincial Department of Natural Resources and Environment.
- Step 12: Organizations and individuals come to collect the result at the one-stop shop of the Provincial Department of Natural Resources and Environment.
1.2.Implementing methods
Directly at the one-stop shop of the Provincial Department of Natural Resources and Environment.
1.3. Components and quantity of a dossier:
- A dossier consists of:
+ 01 written proposal of the project of Environment Protection meeting the requirements as Form in Appendix No 2, Circular No 26/2015/TT-BTNMT dated 28/5/2015.
+ 07 files of the detailed project of Environment Protection. Requirements for the Cover, extra cover, the structure and the content of the project are met as the ones in the appendix No 3, Circular No 26/2015/TT-BTNMT;
+ 01 report on the feasibility of the research or a report on investment project, or another equivalent document.
- Quantity: 1 set
1.4. Time limit
- Within 22 working days f-rom the reception of the dossier as required without any requirement for re-edition, the Provincial Department of Natural Resources and Environment resolute it within 16 days, the People’s Committee does it within 6 days.
- Within 52 working days f-rom the reception of the dossier after it has been re-edited as required by the Provincial Department of Natural Resources and Environment: the Provincial Department of Natural Resources and Environment processes it within 16 days, the People’s Committee does it within another 6 days, organizations and individuals complete the dossier within 30 days.
1.5. Target groups: organizations, individuals
1.6. Implementing agencies:
- Approving Agency: Bac Giang People’s Committee
- Appraising Agency: the Provincial Department of Natural Resources and Environment
1.7. Output : The confirmed Approval Decision on the detailed Project of Environment Protection
1.8. Official document formats, structure and content of the detailed Project of Environment Protection :
1. Form of written proposal for assessing the detailed Project of Environment Protection ( Appendix No 2)
2. Form of Cover, extra cover, the structure and the content of the project (appendix #3)
3. Form of the establishment owner’s consultation sent to the People’s Committee of Commune about the detailed Project of Environment Protection (appendix 4)
4. Form of answers to establishment owner’s questions by People’s Committee of Commune (Appendix No 5)
5. Form of Decision on establishing the team of Examining and assessing the detailed Project of Environment Protection (Appendix No 9)
(Circular No 26/2015/TT-BTNMT dated 28/5/2015 by The Ministry of Natural Resources and Environment)
1.9.Fees, duty: N/A
1.10. Legal basis:
- Law on Environment Protection , 2014;
- Decree No 18/2015/NĐ-CP dated 14/02/2014 by the Government on planning and protecting the Environment;
- Circular No 26/2015/TT-BTNMT dated 28/5/2015 by the Ministry of Natural Resources and Environment
- Decision No 515/2015/QĐ-UBND dated 27/11/2015 by the provincial People’s Committee on procedures of evaluating effects on the environment, plans on protecting the environment, projects of protecting the environment and measures of improving and rehabilitating the environment during the process of exploiting minerals in the area.
APPENDIX 2
Form of written proposal for appraising and approving the detailed Project of Environment Protection
(attached with Circular No 26/2015/TT-BTNMT dated 28/5/2015 by the Ministry of Natural Resources and Environment)
To: …(3)…
…(1)… address …(4)…, Tel number …. , fax ….., email ………………………
sent to …(3)… seven (07) sets of the detailed Project of Environment Protection by…(2)…
We assure that all information, data provided in the project are totally true and we are legally responsible for any error made.
Please …(3)… consider, assess and approve this detailed Project of Environment Protection .
Thank you so much./.
Note:
(1) Name of organization/ Establishment
(2) Establishment owner’s full name
(3) Name of Assessing Agency
(4) Postage address
(5) Competent Representative of organization/ Establishment
(6) Other recipients
APPENDIX 3
Cover, extra cover, the structure and the content of the project
(Circular No 26/2015/TT-BTNMT dated 28/5/2015 by The Ministry of Natural Resources and Environment)
Note:
(1) Full name of the Establishment owner
(2) Only presented on the extra cover
APPENDIX
LIST OF ABBREVIATIONS
1.1. Procedures.
- Step 1: Organizations and individuals build up their dossier for appraisal, then send it by post or directly submit to the one-stop-shop of the Provincial Department of Natural Resources and Environment.
- Step 2: The one-stop-shop officer will get the dossier, check the completion and validity, write the receipt note, register , up-date in the computer system for supervision, then transfer it to the environmental protection Bureau for processing legally.
- Step 3: The environmental protection Bureau receive advice, process the dossier, and examine the eligibility. If the dossier does not yet meet the requirements within 2 working days, the Provincial Department of Natural Resources and Environment must send a notice with attached instructions in writing just only once to the Organizations and individuals for perfection.
- Step 4: Within 2 working days f-rom the reception of the fully valid dossier, the Provincial Department of Natural Resources and Environment handover the document to the President of the province so that a team of examiners for environment protection is set up, as per required.
- Step 5: Within 3 working days upon the reception of the statement and the fully valid dossier f-rom the Provincial Department of Natural Resources and Environment, the President of the Province issues a decision on establishing a team of Examiners for Environment Protection.
- Step 6: Within 3 working days f-rom the reception of the decision on setting up a team of Examiners, the head of the team is in c-harge of fulfilling examination and appraisal, as per required.
- Step 7: Within 2 working days f-rom the fulfillment of the examination and appraisal, the Provincial Department of Natural Resources and Environment sends written announcement of the examination and appraisal result to organizations and individuals.
- Step 8:
- In case of approving without any edition or addition: within 2 working days f-rom the result of appraisal, the Provincial Department of Natural Resources and Environment makes a written statement and sends it to the People’s Committee for approval, and at the same time, asks the organizations and individuals to send the after-appraising dossier to it.
- In case of approving with the requirement for some edition or addition: within 30 working days f-rom the issue of appraisal result by the Provincial Department of Natural Resources and Environment, organizations and individuals are to do edition and addition and complete the detailed project of Environment Protection and sends the after-appraising dossier back to the Provincial Department of Natural Resources and Environment.
- In case of the project being disapproved or the result annulled, organizations and individuals are to build up the project again and follow the requirements.
- Step 9: Within 3 working days f-rom the reception of the dossier proposing an approval of the detailed project of Environment Protection which has been edited and added and completed, the Provincial Department of Natural Resources and Environment completes the document and sends it to the People’s Committee for review and approval.
- Step 10: Within 3 working days f-rom the reception of the written statement f-rom the Provincial Department of Natural Resources and Environment and the fully valid dossier, the People’s Committee reviews and then issues a decision on the approval of the project.
- Step 11: Within 2 working days f-rom the reception of the Decision of approval of the project, the Provincial Department of Natural Resources and Environment makes a confirmation on the extra cover and then sends 1 set of the approval decision as well as the project documents to organizations and individuals, People’s Committee of District. Also, it must sends the Approval Decision to the Ministry of Natural Resources and Environment, the Industrial zones Authority of the Province (applied to the project carried out in the Industrial zones), People’s Committee of Commune ( if the project is carried out in the commune area), and saves the original dossier at the Provincial Department of Natural Resources and Environment.
- Step 12: Organizations and individuals come to collect the result at the one-stop shop of the Provincial Department of Natural Resources and Environment.
1.2.Implementing methods
Directly at the one-stop shop of the Provincial Department of Natural Resources and Environment.
1.3. Components and quantity of a dossier:
- A dossier consists of:
+ 01 written proposal of the project of Environment Protection meeting the requirements as Form in Appendix No 2, Circular No 26/2015/TT-BTNMT dated 28/5/2015.
+ 07 files of the detailed project of Environment Protection. Requirements for the Cover, extra cover, the structure and the content of the project are met as the ones in the appendix No 3, Circular No 26/2015/TT-BTNMT;
+ 01 report on the feasibility of the research or a report on investment project, or another equivalent document.
- Quantity: 1 set
1.4. Time limit
- Within 22 working days f-rom the reception of the dossier as required without any requirement for re-edition, the Provincial Department of Natural Resources and Environment resolute it within 16 days, the People’s Committee does it within 6 days.
- Within 52 working days f-rom the reception of the dossier after it has been re-edited as required by the Provincial Department of Natural Resources and Environment: the Provincial Department of Natural Resources and Environment processes it within 16 days, the People’s Committee does it within another 6 days, organizations and individuals complete the dossier within 30 days.
1.5. Target groups: organizations, individuals
1.6. Implementing agencies:
- Approving Agency: Bac Giang People’s Committee
- Appraising Agency: the Provincial Department of Natural Resources and Environment
1.7. Output : The confirmed Approval Decision on the detailed Project of Environment Protection
1.8. Official document formats, structure and content of the detailed Project of Environment Protection :
1. Form of written proposal for assessing the detailed Project of Environment Protection ( Appendix No 2)
2. Form of Cover, extra cover, the structure and the content of the project (appendix #3)
3. Form of the establishment owner’s consultation sent to the People’s Committee of Commune about the detailed Project of Environment Protection (appendix 4)
4. Form of answers to establishment owner’s questions by People’s Committee of Commune (Appendix No 5)
5. Form of Decision on establishing the team of Examining and assessing the detailed Project of Environment Protection (Appendix No 9)
(Circular No 26/2015/TT-BTNMT dated 28/5/2015 by The Ministry of Natural Resources and Environment)
1.9.Fees, duty: N/A
1.10. Legal basis:
- Law on Environment Protection , 2014;
- Decree No 18/2015/NĐ-CP dated 14/02/2014 by the Government on planning and protecting the Environment;
- Circular No 26/2015/TT-BTNMT dated 28/5/2015 by the Ministry of Natural Resources and Environment
- Decision No 515/2015/QĐ-UBND dated 27/11/2015 by the provincial People’s Committee on procedures of evaluating effects on the environment, plans on protecting the environment, projects of protecting the environment and measures of improving and rehabilitating the environment during the process of exploiting minerals in the area.
APPENDIX 2
Form of written proposal for appraising and approving the detailed Project of Environment Protection
(attached with Circular No 26/2015/TT-BTNMT dated 28/5/2015 by the Ministry of Natural Resources and Environment)
…(1)…
Number: ...../….. Regarding appraising and approving the detailed Project of Environment Protection …(2)… |
SOCIALIST REPUBLIC OF VIETNAM Independence-Freedom-Happiness.  (Location), date… month… year… |
…(1)… address …(4)…, Tel number …. , fax ….., email ………………………
sent to …(3)… seven (07) sets of the detailed Project of Environment Protection by…(2)…
We assure that all information, data provided in the project are totally true and we are legally responsible for any error made.
Please …(3)… consider, assess and approve this detailed Project of Environment Protection .
Thank you so much./.
| Recipients: - As above; - …(6)… - Save … |
…(5)… (title, full name, signature and seal) |
(1) Name of organization/ Establishment
(2) Establishment owner’s full name
(3) Name of Assessing Agency
(4) Postage address
(5) Competent Representative of organization/ Establishment
(6) Other recipients
APPENDIX 3
Cover, extra cover, the structure and the content of the project
(Circular No 26/2015/TT-BTNMT dated 28/5/2015 by The Ministry of Natural Resources and Environment)
 |
| (NAME OF THE APPROVING AGENCY- if any) (NAME OF ORGANIZATION/ ESTABLISHMENT /ESTABLISHMENT OWNER) THE DETAILED PROJECT OF ENVIRONMENT PROTECTION By …(1)…
(Location), Date… Year… |
(1) Full name of the Establishment owner
(2) Only presented on the extra cover
APPENDIX
LIST OF ABBREVIATIONS
