The approval for registration of environment protection plans in Vietnam
What are the current regulations on the detailed regulations on the approval for registration of environment protection plans in Vietnam? Please get back to me.
The approval for registration of environment protection plans in Vietnam (Image from the Internet)
Legal grounds:
- Clause 12, Article 1 of Decree 40/2019/ND-CP takes effect from July 1, 2019.
- Article 19 of Decree 18/2015/ND-CP.
The approval for registration of environment protection plans according to the latest regulations of current law is as follows:
- Responsibility pertaining to approval for registration environment protection plans:
+ The environment protection authority of province shall approve the registration of environment protection plan related to projects/plans prescribed in Appendix IV Section I issued herewith and business projects or facilities prescribed in Point a and Point b Clause 1 Article 32 of the Law on Environment Protection;
+ The People’s Committees of district shall approve the registration of environment protection plans related to projects/plans prescribed in Clause 1 Article 18 of this Decree, except for projects/plans prescribed in Point a of this Clause.
- An application for registration of environmental protection plan shall be submitted in person, sent by post or online through the online public service system by the project or facility owner to the Department of Natural Resources and Environment and the People’s Committee of district, including:
+ 01 application form for registration of environment protection plan using form No 01 Appendix VII Section I issued herewith;
+ 03 environment protection plans (enclosed with e-copies) using form No 02 Appendix VII Section I issued herewith;
+ 01 construction feasibility study report or construction economic-technical report of the project/facility (enclosed with an e-copy).
- Within 10 working days from the date on which the application for registration of the environment protection plan, the receiving body prescribed in Clause 1 hereof shall consider certifying the registration of the environment protection plan using the form No. 03 Appendix VII Section I issued herewith.
If the application is refused, the receiving body shall provide an explanation in writing (which specify matters need further modification) using form No. 04 Appendix VII Section I issued herewith.
- Responsibility of project owner, facility owner and regulatory agency after the environment protection plan is approved shall comply with Article 33 and Article 34 of the Law on Environment Protection.
- The projects/plans prescribed in Point a and Point b Clause 4 Article 33 of Law on Environment Protection are subject to re-registration of the environment protection plan, in specific:
+ Change of location of the business project/plan compared to the environmental protection plan which was approved;
+ A construction project considered not being executed prescribed in Point b Clause 4 Article 33 of the Law on Environment Protection means that the project owner/facility owner has not performed any item during the construction stage of the project as prescribed by law on construction;
+ The re-registration, responsibility and deadlines for certification of re-registration of the environment protection plan shall comply with Articles 18 and 19 of this Decree.
- If there is any change in project owner, facility owner, the project owner or the new facility owner must keep implementing the registered environment protection plan and give a notice of the change to the certifying authority of the environmental protection plan.
Above is the consulting content.
