What are regulations on classification of projects, items and tasks to overcome the consequences of bombs, mines and explosives after the war in Vietnam?

What are regulations on classification of projects, items and tasks to overcome the consequences of bombs, mines and explosives after the war in Vietnam?

Article 3 of Circular 195/2019/TT-BQP stipulates classification of projects, items and tasks to overcome the consequences of bombs, mines and explosives after the war as follows:

Projects, items and tasks to overcome the consequences of mines and unexploded ordnance after the war are classified as follows:

1. Group I

a) Projects, items and tasks of overcoming the consequences of bombs, mines and explosives and explosives after special wars;

b) Projects, items and tasks of overcoming the consequences of mines and explosives in the area with a total area of ​​​​over 500 hectares that need to be investigated, surveyed and cleared;

c) Projects, items and tasks of investigating, surveying and clearing mines and explosives under the sea where the water depth is greater than 30m.

2. Group II

a) Projects, items and tasks to overcome the consequences of mines and explosives in the area with a total area that needs to be investigated, surveyed and cleared from 30 ha to 500 ha;

b) Projects, items and tasks of investigating, surveying and clearing mines and explosives under the sea where the water depth is up to 30 m .

3. Group III

Projects, items and tasks to overcome the consequences of mines and explosives not specified in Clauses 1 and 2 of this Article.

What are procedures for formulation, appraisal and approval of national programs and plans for remediation of mines and explosives consequences at national level in Vietnam?

Article 4 of Circular 195/2019/TT-BQP stipulates procedures for formulation, appraisal and approval of national programs and plans for remediation of mines and explosives consequences at national level as follows:

1. Formulating programs and plans for overcoming consequences of mines and explosives at the national level

a) The Vietnam National Mine Action Center (hereinafter referred to as VNMAC) is responsible for formulating a national program and plan for remediation of explosives consequences in accordance with the provisions of Article 10, Clause 1 . Article 11, Clause 1, Article 12 of Decree No. 18/2019/ND-CP and according to Forms No. 01 and 02 of Appendix I issued together with this Circular to submit to the Ministry of National Defense (through the Department of Planning and Investment of the Ministry of Defense);

b) The duration of the national mine/explosives remedial program is consistent with the duration of the national socio-economic development strategy from time to time; the duration of the national mine/explosives remedial plan is consistent with the national socio-economic development plan.

2. Dossier sent for appraisal of national-level programs and plans

a) A report to the Prime Minister;

b) Draft program and plan to overcome the consequences of bombs, mines and explosives;

c) Summary and explanation of opinions of organizations and individuals;

d) Other relevant documents, records and documents.

3. Approvals

a) The Department of Planning and Investment of the Ministry of National Defense shall assume the prime responsibility for, and coordinate with relevant agencies and units in, researching, explaining and absorbing appraisal opinions to complete the program and plan to overcome the consequences of mines and mines. national-level explosives to report to the Defense Minister for submission to the Prime Minister for approval;

b) The application file for approval includes the documents specified in Clause 2 of this Article and an explanation report on receipt of appraisal opinions;

c) Time limit for submission for approval: Before August 15 of the last year for the program to overcome consequences of mines and explosives; before August 15 of each year for the plan to overcome the consequences of mines and explosives.

What are procedures for formulation, appraisal and approval of programs and plans for remediation of mines and explosives consequences at the provincial level in Vietnam?

In Article 5 of Circular 195/2019/TT-BQP stipulating procedures for formulation, appraisal and approval of programs and plans for remediation of mines and explosives consequences at the provincial level as follows: 

1 . Formulate programs and plans to remedy the consequences of mines and explosives at the provincial and municipal levels

a) Specialized agencies under the People's Committees of provinces and centrally run cities are assigned to assume the prime responsibility for, and coordinate with relevant agencies in, formulating programs and plans for remediation of landmines and mines in their localities according to regulations. prescribed in Article 10 of Decree 18/2019/ND-CP and Forms No.01 and 02 of Appendix I issued together with this Circular;

b) The duration of the program on remediation of consequences of mines and explosives at the provincial level is consistent with the duration of the national program on remedial mine and explosives consequences. The duration of the provincial plan on remediation of explosives consequences is consistent with the time limit of the local socio-economic development plan.

2. Appraisal of provincial-level programs and plans

a) VNMAC is responsible for assisting the Ministry of National Defense in appraising the program and plan for remediation of landmines and explosives consequences at the provincial level;

b) Appraisal dossier includes:

- Promulgation of programs and plans;

- Drafting programs and plans for overcoming consequences of mines and explosives;

- Summary and explanation of opinions of organizations and individuals;

- Documents and other relevant documents.

c) Contents of appraisal;

- The necessity of programs and plans to serve the implementation of strategic goals and socio-economic development plans;

- Objectives, scope and scale of programs and plans; conformity with the defined criteria of the national-level program or plan;

- Total demand for funding and resources for the implementation of the program or plan, including the list of projects as prescribed by law (including new openings, transitions and projections) or other investment objects, ability to balance resources for implementation;

- Implementation progress is consistent with the ability to mobilize resources;

- Preliminary analysis and assessment of environmental and social impacts and impacts and calculation of socio-economic investment efficiency of programs and plans;

- Implementation solutions.

d) The assessment report must fully evaluate the contents specified at Point c of this Clause and be sent to the locality within 30 days from the date of receipt of the complete dossier.

3. Approvals

a) The agency tasked with formulation of provincial -level programs and plans shall assume the prime responsibility for, and coordinate with relevant agencies and units in, researching, receiving, and explaining appraisal opinions to complete the program, plan to overcome consequences of mines and explosives at provincial level, and submit it to the People's Committee of the province for approval.

b) The application file for approval includes the documents specified in Clause 2 of this Article and an explanation report on receipt of appraisal opinions.

c) Time limit for submission for approval: Before August 15 of the last year for the program to overcome consequences of mines and explosives; before August 15 of each year for the plan to overcome the consequences of mines and explosives.

Best Regards!