The inspection and confirmation of completion of environment protection works in Vietnam
What are the current regulations on the inspection and confirmation of completion of environment protection works following the decision on approval for EIA report in Vietnam? Please get back to me.
The inspection and confirmation of completion of environment protection works in Vietnam (Image from the Internet)
Legal grounds:
- Clause 10, Article 1 of Decree 40/2019/ND-CP takes effect from July 1, 2019.
- Article 17 of Decree 18/2015/ND-CP.
Inspection and confirmation of completion of environment protection works following the decision on approval for EIA report according to the latest regulations of current law are as follows:
- A project owner specified in Column 4 Appendix II Section I issued herewith shall prepare an application for c (including waste treatment works and other environment protection works) before the expiry of 30-day commissioning if the environment protection works meet requirements as per the law.
- A project not specified in Clause 1 of this Article is not subject to inspection and confirmation of completion of environment protection works. The project owner shall cooperate with an organization eligible for providing environmental monitoring services in monitoring waste (if any), assuring that the waste meets technical regulations on environment before being released to the environment and send a notice of completion of environment protection works to the EIA report approval authority before putting the project into operation.
- An application for completion of environment protection works submitted in person, sent by post or online via the online public service system by the project owner to the competent authority includes:
+ 01 application form for inspection and confirmation of completion of environment protection works using form No 12 Appendix VI Section I issued herewith;
+ 07 reports on performance of environment protection works of the project, enclosed with the monitoring result during commissioning process and the as-build documents of completed environment protection works using form No. 13 Appendix VI Section I issued herewith.
If the project is carried out in the administrative division comprising at least 02 central-affiliated cities and provinces, the project owner must provide additional reports for inspection;
+ 01 copy of the decision on approval enclosed with the copy of the approved EIA report;
+ 01 notice of inspection result of commissioning of waste treatment works of the project issued by the environmental protection authority of province
- Checklists of inspection and confirmation of completion of environment protection works include:
+ Regarding wastewater collection and treatment system: Works which have been built; scale, capacity and operating process of each work; chemicals and biological preparations used for wastewater treatment; automatic and continuous monitoring system (if any); regulations and standards applicable to post-treatment wastewater;
+ Regarding dust and emission treatment system: Works and equipment which have been built; scale, capacity and operating process of each work or equipment; chemicals and catalysts used for dust and emission treatment; automatic and continuous monitoring system (if any); regulations and standards applicable to post-treatment dust and emissions;
+ Regarding conventional industrial solid waste and domestic garbage treatment and storage works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;
+ Regarding hazardous waste treatment and storage works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;
+ Regarding other environment protection works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;
+ Environmental incident prevention and response works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;
+ Environmental monitoring and supervision programs to be used upon operation of the project.
- Procedures and time limit for inspection and confirmation of completion of environment protection works:
+ The inspection and confirmation of completion of environment protection works shall be carried out by the EIA report approval authority through physical inspection under guidance of the Ministry of Natural Resources and Environment;
+ Time limit for inspection and confirmation of completion of environment protection works is 15 working days, excluding the time for the project owner to complete application and analyze waste samples (composite sampling in necessary cases);
+ Within 5 working days from receipt of the application for inspection and confirmation of completion of environment protection works sent by the project owner, the agency in charge shall verify the application and conditions for inspection and confirmation of completion of environment protection works as prescribed and establish a group to carry out inspection and confirmation of completion of environment protection works;
If there are insufficient conditions for inspection and confirmation of completion of environment protection works, the agency in charge shall provide the project owner with an explanation in writing.
+ Upon completion of inspection and environment protection works all meet requirements as prescribed, the agency in charge shall issue a confirmation of completion of environment protection works using form No. 14 Appendix VI Section I issued herewith. If there are insufficient conditions for confirmation, the agency in charge shall request the project owner in writing to make further modification and complete the environment protection works and meet other environment protection requirements.
- The confirmation of completion of environment protection works is the basis for the project owner to put the project into operation and the basis for the competent authority to inspect the observance of environment protection law during the operation of the facility and industrial park.
Regarding large projects having many items or being divided in many stages, the confirmation of completion of environment protection works may be granted to each item and be integrated thereafter when all the items of the project have been completed.
Regarding projects to expand, increase capacity and scale, change technology of the ongoing facility of industrial park, the confirmation of completion of environment protection works shall replace previous documents on assessment, approval and confirmation of completion of environment protection works.
If the environment protection work has any change, the project owner shall re-compile the application for confirmation of completion of environment protection works.
The confirmation of completion of environment protection works may be re-granted at the request of the project owner. The re-confirmation shall be carried out following the procedures for inspection and confirmation of completion of environmental protection works.
- Regard projects using imported scrap as production materials, the inspection and confirmation of completion of environmental protection works shall be carried out following the procedures for inspection and issuance of certificate of eligibility for environment protection in import of scrap as production materials. The certificate of eligibility for environmental protection in import of scrap as production materials shall replace the confirmation of completion of environment protection works.
- Regarding hazardous waste treatment projects (including projects having the stage of treatment of domestic garbage and conventional industrial waste), the inspection and confirmation of completion of environment protection works shall be carried out following the procedures for issuance of license for hazardous waste treatment. The license for hazardous waste treatment shall replace confirmation of completion of environmental protection works.
Above is the consulting content.
