3. Procedures for confirming plans to protect the environment under the authority of the Department of Natural Resources and Environment
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3. Procedures for confirming plans to protect the environment under the authority of the Department of Natural Resources and Environment
3. Procedures for confirming plans to protect the environment under the authority of the Department of Natural Resources and Environment
3.1. Procedures
- Step 1: Organizations and individuals prepare files to register the plan of environmental protection under the authority of the Department of Natural Resources and Environment, send them to the one-stop shop, Department of Natural Resources and Environment.
The one-stop shop officer receives them and writes a receipt note, registers, up-dates at File to track the solving process, and move them to the Branch of environmental protection to deal with as prescribed.
- Step 2: Within a maximum period of 06 working days f-rom the date of receiving the valid files, Branch of environmental protection shall direct the leader of Department to consider and confirm the registered environmental protection plan. In case the files do not have enough conditions to be confirmed, organizations and individuals should be notified clearly about the reasons by documents.
- Step 3: Department of Natural Resources and Environment shall send confirming paper accompanied by a environment protection plan for the organizations, individual (through the the one-stop shop, Department of Natural Resources and Environment), People’s Committee of the district deploying the project; send confirming paper to People’s Committee of the commune deploying the project, industrial area Managing Board in the province (if the project is in the industrial area).
- Step 4: Organizations and individuals come to the receiving-and-result-returning Division, Department of Natural Resources and Environment to get the results dealt with as prescribed.
3.2. How
Directly in the one-stop shop, Department of Natural Resources and Environment
3.3. Dossier components and number
- Components
a. Three (03) plans to protect the environment with the cover and content followed the sample prescribed at Index 5.4 and 5.5 in Circular 27/2015/TT-BTNMT;
b. One (01) report on investment or al-ternatives of production, business, service.
- Number: 01 (set).
3.4. Time limit
- Within a maximum period of 06 working days f-rom the date of receiving the valid files (no counting the time organizations and individuals edit, complete the files).
3.5. Implementing objects: Organizations and individuals related to preparing/ confirming the plans to protect the environment.
3.6. Implementing authority:
- Authority to confirm: Department of Natural Resources and Environment
3.7. Results: Confirming paper of plans to protect the environment
3.8. Name of request sample and declaration sample:
The cover and back side cover shall follow the samples prescribed at Index 5.4 and 5.5 Circular No. 27/2015/TT-BTNMT dated 29/5/2015 by Ministry of Natural Resources and Environment.
3.9. Fees, duty: N/A
3.10. Requirements, conditions: Organizations and individuals
3.11. Legal basis
- Law on environment protection No. 55/2014/QH13 dated 23/6/2014;
- Decision No. 515/2015/QĐ-UBND dated 27/10/2015 by People’s Committee of the province prescribing the order to and procedure of assessing environmental impacts, plans to protect the environment, projects to protect the environment and al-ternatives of environmental remediation in the process of mining in the province area.
- Decree No. 19/2015/NĐ-CP dated14/02/2015 by the Government prescribing the enforcement of some Articles in Law on environment protection;
- Circular No. 27/2015/TT-BTNMT dated 29/5/2015 by Ministry of Natural Resources and Environment about strategic environment assessments, environment- impact assessments and environment protection plan;
APPENDIX 5.4
COVER SAMPLE OF ENVIRONMENT PROTECTION PLAN AUTHORIZED TO CONFIRM REGISTRATION BY DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
(Issued together with Circular No. 27/2015/TT-BTNMT dated May 29th 2015 by Minister of Natural Resources and Environment about strategic environment assessment, environment impact assessment and the environment protection plan)
Note:
(1) owner of the project, al-ternatives of production, business, service;
(2) Name of the project, al-ternatives of production, business, and service
(*) Only in the back side cover
APPENDIX 5.5
STRUCTURE AND CONTENT OF ENVIRONMENT PROTECTION PLAN AUTHORIZED TO CONFIRM REGISTRATION BY DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
(Issued with Circular No. 27/2015/TT-BTNMT dated May 29th 2015 by Minister of Natural Resources and Environment about strategic environment assessment, environment impact assessment and the environment protection plan)
SOCIALISTREPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
(Place whe-re the project implemented), (date, month, year)
To: (1) ……………………………………………………………………
We are sending to (1) the environment protection plan to register with the content as follows:
I. General information
1.1. Name of the project, al-ternatives of production, business, service (generally called project): state exactly the name indicated in the investment report (the report on the practicality or equivalent documents)
1.2. Name of project owner: ...
1.3. Address: ...
1.4. Legislative Representative: ...
1.5. Project owner’s contact: (phone number, Fax number, E-mail ...).
1.6. Project implementation site
Describe geographic location of the project implementation place accompanied by visualization map clearly indicating natural objects (rivers, lakes, transportations...), the socio-economic objects (the settlement, urban areas; production, business and service establishments; cultural works, religion, historical monuments,... ), quo status of land using in the project position and other objects around.
Specify the source receiving effluent of the project accompanied by standards, current environmental technical regulation standard applied for these sources.
1.7. Scale of the project
Briefly describe the construction process; scale/the production capacity; manufacturing technology; list all devices, machines and their state.
1.8. Demand for materials and fuel
- Demand for material, fuel serving the production counted by time, day, months or years; method of providing materials and fuel.
- Demand and supply sources of power and water for production.
Requirements:
- In case of extension, upgrade, raising production capacity by active production, business and service establishments needs additional information about active establishments, particularly the information related to constructions, devices, items, technologies which will continue being used or eliminated, changed, adjusted, or supplemented.
II. Adverse impacts on the environment
2.1. Adverse environment impacts because of wastes
2.1.1. Exhaust gas: ...
2.1.2. Effluent: ...
2.1.3. Solid waste: ...
2.1.4. Hazardous waste: ...
2.1.5. Others:... (if any)
For each type of waste, indicate all information about its generating source, the total generating amount on a unit of time, waste components. For emissions and wastewater, indicate clearly the concentration of each typical pollution component and compare it with the standard, norm, or applicable rules in case measures to reduce adverse impacts have not been applied yet.
2.2. Adverse environment impacts not because of wastes
Stated in summary other adverse environment impacts caused by project (if any): erosion slide, falling, sparing; deposition in river/ stream/ lake bottoms; surface water level changes, underground water level; salt/ alum marsh; climate changes; the environmental component recession; biodiversity transformation, and other factors.
Requirements: All adverse environment impacts shall be indicated in stages including a/ several/ all following stages according to each specific project’s c-haracteristics: (1) preparing for investment, (2) Constructing, (3) running the project and (4) finishing the project.
III. Plans to protect the environment
3.1. Reduce adverse impacts because of wastes
- Each generating waste type shall be accompanied by the respective solutions and practicality/solving effectiveness presentation. In case there are no solutions or there are but impractical in the project scope, reasons shall be clearly stated and specific proposals shall be given so that relevant authorities direct their solutions and decisions.
- Prove to what extent the waste solving will be processed after applying the measures; compare and contrast with the standards, norms and applicable rules. In case it cannot meet the regulated requirements, reasons shall be clearly stated and specific proposals shall be given so that relevant authorities direct their solutions and decisions.
3.2. Reduce other adverse impacts
Each generating waste type shall be accompanied by the respective solutions and practicality/solving effectiveness presentation. In case there are no solutions or there are but impractical in the project scope, reasons shall be clearly stated and specific proposals shall be given so that relevant authorities direct their solutions and decisions.
3.3. Plans to supervise the environment
- Oversight of traffic emissions, waste water and the pollution in emissions, waste water specific project, consistent with rules standard technical environmental current, with frequency minimum a (01) Times/06 months. Do not ask the project monitoring waste water for the project match connected waste water to handle at system processing waste water focus and did not ask the project monitoring the pollution in emissions, waste water that project there is no possibility of or the ability to develop low.
- Monitor the volume flow of emissions, wastewater and the pollution parameters in emissions, wastewater specified by projects, suitable with current environmental technical standard, with minimum frequency of once (01) per 06 months. Do not ask the project owner to monitor the wastewater for the projects connected to gathering waste water processing system and do not ask the project owner to monitor the pollution parameters in emissions and waste water that there is no or little possibility of generating in the project.
- All monitoring points shall be showed in the map with clear explanation and coordinates as in applicable laws.
Requirements:
- Apart f-rom describing the solutions to reduce adverse environment impacts as instructed in Point 3.1 and 3.2 at this index, constructive solutions to reduce adverse environment impacts shall be listed in tables in which all types, technological c-haracteristics, necessary measurements are clearly indicated with specific progress for each project.
- The case of extension, upgrade, raising production capacity, content of Part III at this index need clear indication of the constructions’ quo status, current solutions to protect the environment of active establishments and the relation between these constructions and the construction system, solutions to protect the environment of extension, upgrade, raising production capacity projects.
IV. Commitment
We pledge that the process of reducing bad impacts on the environment described in the environment protection plan shall meet the environmental regulations, standards, technical standard and that other solutions to protect the environment prescribed in Vietnam applicable laws shall be undertaken.
We sent the attached documents related to the project (if any, list them specifically).
We guarantee the truthfulness of all information, data, and documents in the environmental protection plans, including attached documents. If there is any mistakes, we shall take full responsibilities before the law of Vietnam.
Note:
(1) Authority confirming the registration of plans to protect the environment;
(2) Project’s authorized representative
Requirements:
Plans to protect the environment shall be signed by three (03) in each page bottom by the parties with the seal (if any) of the project’s authorized representative on the last page.
3.1. Procedures
- Step 1: Organizations and individuals prepare files to register the plan of environmental protection under the authority of the Department of Natural Resources and Environment, send them to the one-stop shop, Department of Natural Resources and Environment.
The one-stop shop officer receives them and writes a receipt note, registers, up-dates at File to track the solving process, and move them to the Branch of environmental protection to deal with as prescribed.
- Step 2: Within a maximum period of 06 working days f-rom the date of receiving the valid files, Branch of environmental protection shall direct the leader of Department to consider and confirm the registered environmental protection plan. In case the files do not have enough conditions to be confirmed, organizations and individuals should be notified clearly about the reasons by documents.
- Step 3: Department of Natural Resources and Environment shall send confirming paper accompanied by a environment protection plan for the organizations, individual (through the the one-stop shop, Department of Natural Resources and Environment), People’s Committee of the district deploying the project; send confirming paper to People’s Committee of the commune deploying the project, industrial area Managing Board in the province (if the project is in the industrial area).
- Step 4: Organizations and individuals come to the receiving-and-result-returning Division, Department of Natural Resources and Environment to get the results dealt with as prescribed.
3.2. How
Directly in the one-stop shop, Department of Natural Resources and Environment
3.3. Dossier components and number
- Components
a. Three (03) plans to protect the environment with the cover and content followed the sample prescribed at Index 5.4 and 5.5 in Circular 27/2015/TT-BTNMT;
b. One (01) report on investment or al-ternatives of production, business, service.
- Number: 01 (set).
3.4. Time limit
- Within a maximum period of 06 working days f-rom the date of receiving the valid files (no counting the time organizations and individuals edit, complete the files).
3.5. Implementing objects: Organizations and individuals related to preparing/ confirming the plans to protect the environment.
3.6. Implementing authority:
- Authority to confirm: Department of Natural Resources and Environment
3.7. Results: Confirming paper of plans to protect the environment
3.8. Name of request sample and declaration sample:
The cover and back side cover shall follow the samples prescribed at Index 5.4 and 5.5 Circular No. 27/2015/TT-BTNMT dated 29/5/2015 by Ministry of Natural Resources and Environment.
3.9. Fees, duty: N/A
3.10. Requirements, conditions: Organizations and individuals
3.11. Legal basis
- Law on environment protection No. 55/2014/QH13 dated 23/6/2014;
- Decision No. 515/2015/QĐ-UBND dated 27/10/2015 by People’s Committee of the province prescribing the order to and procedure of assessing environmental impacts, plans to protect the environment, projects to protect the environment and al-ternatives of environmental remediation in the process of mining in the province area.
- Decree No. 19/2015/NĐ-CP dated14/02/2015 by the Government prescribing the enforcement of some Articles in Law on environment protection;
- Circular No. 27/2015/TT-BTNMT dated 29/5/2015 by Ministry of Natural Resources and Environment about strategic environment assessments, environment- impact assessments and environment protection plan;
APPENDIX 5.4
COVER SAMPLE OF ENVIRONMENT PROTECTION PLAN AUTHORIZED TO CONFIRM REGISTRATION BY DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
(Issued together with Circular No. 27/2015/TT-BTNMT dated May 29th 2015 by Minister of Natural Resources and Environment about strategic environment assessment, environment impact assessment and the environment protection plan)
| (1) ENVIRONMENT PROTECTION PLAN by (2)
(Month, year) |
(1) owner of the project, al-ternatives of production, business, service;
(2) Name of the project, al-ternatives of production, business, and service
(*) Only in the back side cover
APPENDIX 5.5
STRUCTURE AND CONTENT OF ENVIRONMENT PROTECTION PLAN AUTHORIZED TO CONFIRM REGISTRATION BY DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
(Issued with Circular No. 27/2015/TT-BTNMT dated May 29th 2015 by Minister of Natural Resources and Environment about strategic environment assessment, environment impact assessment and the environment protection plan)
SOCIALISTREPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
(Place whe-re the project implemented), (date, month, year)
To: (1) ……………………………………………………………………
We are sending to (1) the environment protection plan to register with the content as follows:
I. General information
1.1. Name of the project, al-ternatives of production, business, service (generally called project): state exactly the name indicated in the investment report (the report on the practicality or equivalent documents)
1.2. Name of project owner: ...
1.3. Address: ...
1.4. Legislative Representative: ...
1.5. Project owner’s contact: (phone number, Fax number, E-mail ...).
1.6. Project implementation site
Describe geographic location of the project implementation place accompanied by visualization map clearly indicating natural objects (rivers, lakes, transportations...), the socio-economic objects (the settlement, urban areas; production, business and service establishments; cultural works, religion, historical monuments,... ), quo status of land using in the project position and other objects around.
Specify the source receiving effluent of the project accompanied by standards, current environmental technical regulation standard applied for these sources.
1.7. Scale of the project
Briefly describe the construction process; scale/the production capacity; manufacturing technology; list all devices, machines and their state.
1.8. Demand for materials and fuel
- Demand for material, fuel serving the production counted by time, day, months or years; method of providing materials and fuel.
- Demand and supply sources of power and water for production.
Requirements:
- In case of extension, upgrade, raising production capacity by active production, business and service establishments needs additional information about active establishments, particularly the information related to constructions, devices, items, technologies which will continue being used or eliminated, changed, adjusted, or supplemented.
II. Adverse impacts on the environment
2.1. Adverse environment impacts because of wastes
2.1.1. Exhaust gas: ...
2.1.2. Effluent: ...
2.1.3. Solid waste: ...
2.1.4. Hazardous waste: ...
2.1.5. Others:... (if any)
For each type of waste, indicate all information about its generating source, the total generating amount on a unit of time, waste components. For emissions and wastewater, indicate clearly the concentration of each typical pollution component and compare it with the standard, norm, or applicable rules in case measures to reduce adverse impacts have not been applied yet.
2.2. Adverse environment impacts not because of wastes
Stated in summary other adverse environment impacts caused by project (if any): erosion slide, falling, sparing; deposition in river/ stream/ lake bottoms; surface water level changes, underground water level; salt/ alum marsh; climate changes; the environmental component recession; biodiversity transformation, and other factors.
Requirements: All adverse environment impacts shall be indicated in stages including a/ several/ all following stages according to each specific project’s c-haracteristics: (1) preparing for investment, (2) Constructing, (3) running the project and (4) finishing the project.
III. Plans to protect the environment
3.1. Reduce adverse impacts because of wastes
- Each generating waste type shall be accompanied by the respective solutions and practicality/solving effectiveness presentation. In case there are no solutions or there are but impractical in the project scope, reasons shall be clearly stated and specific proposals shall be given so that relevant authorities direct their solutions and decisions.
- Prove to what extent the waste solving will be processed after applying the measures; compare and contrast with the standards, norms and applicable rules. In case it cannot meet the regulated requirements, reasons shall be clearly stated and specific proposals shall be given so that relevant authorities direct their solutions and decisions.
3.2. Reduce other adverse impacts
Each generating waste type shall be accompanied by the respective solutions and practicality/solving effectiveness presentation. In case there are no solutions or there are but impractical in the project scope, reasons shall be clearly stated and specific proposals shall be given so that relevant authorities direct their solutions and decisions.
3.3. Plans to supervise the environment
- Oversight of traffic emissions, waste water and the pollution in emissions, waste water specific project, consistent with rules standard technical environmental current, with frequency minimum a (01) Times/06 months. Do not ask the project monitoring waste water for the project match connected waste water to handle at system processing waste water focus and did not ask the project monitoring the pollution in emissions, waste water that project there is no possibility of or the ability to develop low.
- Monitor the volume flow of emissions, wastewater and the pollution parameters in emissions, wastewater specified by projects, suitable with current environmental technical standard, with minimum frequency of once (01) per 06 months. Do not ask the project owner to monitor the wastewater for the projects connected to gathering waste water processing system and do not ask the project owner to monitor the pollution parameters in emissions and waste water that there is no or little possibility of generating in the project.
- All monitoring points shall be showed in the map with clear explanation and coordinates as in applicable laws.
Requirements:
- Apart f-rom describing the solutions to reduce adverse environment impacts as instructed in Point 3.1 and 3.2 at this index, constructive solutions to reduce adverse environment impacts shall be listed in tables in which all types, technological c-haracteristics, necessary measurements are clearly indicated with specific progress for each project.
- The case of extension, upgrade, raising production capacity, content of Part III at this index need clear indication of the constructions’ quo status, current solutions to protect the environment of active establishments and the relation between these constructions and the construction system, solutions to protect the environment of extension, upgrade, raising production capacity projects.
IV. Commitment
We pledge that the process of reducing bad impacts on the environment described in the environment protection plan shall meet the environmental regulations, standards, technical standard and that other solutions to protect the environment prescribed in Vietnam applicable laws shall be undertaken.
We sent the attached documents related to the project (if any, list them specifically).
We guarantee the truthfulness of all information, data, and documents in the environmental protection plans, including attached documents. If there is any mistakes, we shall take full responsibilities before the law of Vietnam.
| (2) (Signature, full name, title, seal (if any)) |
(1) Authority confirming the registration of plans to protect the environment;
(2) Project’s authorized representative
Requirements:
Plans to protect the environment shall be signed by three (03) in each page bottom by the parties with the seal (if any) of the project’s authorized representative on the last page.
