What are procedural documents to identify investment projects using outdated technology, potentially causing environmental pollution and resource-intensive from February 15, 2024 in Vietnam?

What are procedural documents to identify investment projects using outdated technology, potentially causing environmental pollution and resource-intensive from February 15, 2024 in Vietnam?

According to Clause 1, Article 4, Decision 29/2023/QD-TTg (effective from February 15, 2024) stipulates dossiers to determine technology of investment projects as follows:

Documents, order and procedures for determining technology of investment projects

1. Documents requesting determination of technology of an investment project include:

a) Written request for technology determination according to Form No. 01 specified in the Appendix to this Decision;

b) Explanation of the current status of technology used in the investment project according to Form No. 02 specified in the Appendix to this Decision;

c) Certificate of appraisal of machinery, equipment, and technological lines used in investment projects (hereinafter referred to as appraisal certificate) is still valid, showing the contents according to Form No. 03 specified in Appendix to this Decision.

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According to this Article, documents identifying investment projects using outdated technology, potentially causing environmental pollution and being resource-intensive include:

[1] Document requesting technology identification

[2] Explanation of the current status of technology used in the investment project

[3] Valid certificate of inspection of machinery, equipment, and technological lines used in the investment project.

What are procedural documents to identify investment projects using outdated technology, potentially causing environmental pollution and resource-intensive from February 15, 2024 in Vietnam? (Image from the Internet)

What are procedures for determining the technology of an investment project in Vietnam?

According to Clause 2, Article 4, Decision 29/2023/QD-TTg (effective from February 15, 2024) stipulates procedures for determining technology of investment projects as follows:

Step 1: The investor sends 01 set of dossier requesting technology identification directly or by post or via the online public service portal to the competent agency in charge of organizing the technology identification.

Step 2: The lead agency receives the application and checks the validity of the application

For documents that are incomplete or not valid according to regulations, the presiding agency returns the documents to the investor and clearly informs them of the documents that need to be amended and supplemented so that the investor can complete the documents.

Step 3: Within 03 working days from the date of receiving a complete and valid dossier, the lead agency shall send a document to the state environmental management agency and specialized management agency according to hierarchy. Corresponding to the authority of the Lead Agency to collect comments and coordinate.

If necessary, the lead agency will seek opinions from independent organizations and experts to consult on expertise and determine the technology of the investment project.

For large-scale investment projects with complex technology, in case of necessity, within 20 working days from the date of receipt of complete and valid documents, the presiding agency shall decide to establish the project. Science and Technology Advisory Council, organizes field surveys at investment projects to determine the technology of investment projects.

Step 4: Within 15 working days, the agency receiving opinions will coordinate, organizations and independent experts will send their opinions in writing to the Lead Agency.

Step 5: Within 05 working days from the date of receiving all opinions from the coordinating agency, science and technology advisory council, organizations, independent experts, the lead agency has an equal opinion. Document defining the technology of the investment project

Which projects need to be identified as using outdated technology, potentially causing environmental pollution, and being resource-intensive in Vietnam?

According to Clause 10, Article 27, Decree 31/2021/ND-CP stipulates duration of investment projects as follows:

10. Investment projects using obsolete, environment threatening or resource-intensive which do not have their duration adjusted and extended as prescribed in Point a Clause 4 Article 44 of the Law on Investment include:

a) Projects using a technological line which, upon its operation, fails to meet the provisions of National technical regulations on safety, energy saving and environmental protection; or the capacity (which is the number of products that the technological line produce in a given time period) or the remaining performance of the technological line is less than 85% of the design capacity or performance; or the amount of raw materials, materials or energy consumed by the technological line exceeds 15% of its design consumption level.

In case of unavailability of National Technical Regulations on safety, energy saving and environmental protection related to the projects’ technological line, only technical indicators of Vietnam’s Standards or National Standards of one of the G7 countries or Korea with regard to safety, energy saving, and environmental protection shall be applied;

b) Projects using machinery and equipment for production with HS codes in Chapters 84 and 85 of Vietnam’s nomenclature of exports and imports which have a useful life of more than 10 years or which, upon their operation, fail to satisfy the provision of National technical regulations on safety, energy saving and environmental protection. In case of unavailability of National Technical Regulations on safety, energy saving and environmental protection related to the projects’ machinery and equipment, only technical indicators of Vietnam’s Standards or National Standards of one of the G7 countries or Korea with regard to safety, energy saving, and environmental protection shall be applied.

The Ministry of Science and Technology shall provide guidelines for determining machinery and equipment in some fields which have a useful life of more than 10 years but are not classified as obsolete, environment threatening or resource-intensive technologies.

Best regards!